Immigrants & Immigration

A green card is a common term used for a lawful permanent resident (LPR) card.  LPRs are people with permission to permanently live and work in the US. A green card is proof of this status.

A green card is different from temporary, nonimmigrant, visa status. Nonimmigrant visas let people come to the US for a specific purpose and limited period of time. Examples of nonimmigrant visas include:

• B-1 visas for business
• B-2 visas for tourism
• H-1B visas for specialty occupation work, and
• L-1 visas for intracompany transfers.

There are several ways to get LPR status in the United States, including:

• Through sponsorship by a qualifying family member,
• Based on certain types of job offers or employment,
• Due to Refugee or asylee status, or
• Through the diversity visa lottery.

LPR status is permanent. However, it can be revoked for violating immigration laws or committing certain crimes. LPR status can also be intentionally or unintentionally abandoned.

An LPR is eligible to become a United States citizen after 5 years, or in some cases 3 years.

A "sponsor" is someone who wishes to help a family member get an LPR card. They must be a US citizen or an LPR. The person who wants to get LPR status is the “intending immigrant.”

The steps and requirements for getting a green card will vary based on individual circumstances. Generally, a family-based sponsorship is a two-part process:

• The sponsor files a petition to show they have the qualifying relationship to the intending immigrant, and
• The intending immigrant files green card application if they are in the US. They will file an immigrant visa application if they live outside the US.

Several factors can impact the processing, strategy, and timelines, such as:

• The status of the sponsor (US citizen or LPR),
• The familial relationship between the intending immigrant and the sponsor,
• The country where the intending immigrant was born, and
• The immigration and criminal history of the intending immigrant.

Family-based green cards are only available for certain types of relatives.

A US citizen can petition for:

• A spouse,
• Children of any age and regardless of their marital status,
• Parents, only if the US citizen is at least 21 years old, and
• Siblings, only if the US citizen is at least 21 years old.

An LPR can petition for:

• A spouse, and
• Unmarried children or any age.

Note that US citizens can petition for more types of family members than LPRs.

If the person who wants to immigrate is already in the United States:

1. The sponsor must file a Form I-130, Petition for Alien Relative with USCIS. They must include the required fees, accompanying forms, and supporting documents.
2. The intending immigrant must file a Form I-485 Application to Register Permanent Residence or Adjust Status. They must submit the required fees and supporting documents to USCIS, including a medical examination.
3. The intending immigrant will be required to attend a biometric appointment with USCIS.
4. The intending immigrant and the sponsor may be required to attend an in-person interview at a USCIS office.
5. After approval of the Form I-130 and Form I-485, USCIS will mail out the green card to the intending immigrant.

The intending immigrant may be able to get employment authorization while their green card application is pending.

If the person who wants to immigrate is abroad:

1. The sponsor must file a Form I-130 with USCIS. They must include the required fees, accompanying forms, and supporting documents.
2. The intending immigrant must apply for an immigrant visa at a US embassy or consulate. They will submit Form DS-260 to the DOS and documents to the National Visa Center.
3. The intending immigrant will attend an interview at a consulate or embassy in their home country. They will also submit additional documents, including a medical examination. The visa must be approved.
4. The intending immigrant will enter the US with the immigrant visa. USCIS will mail them their green card after they pay an additional fee.

Intending immigrants must clear medical and security clearances with USCIS and the DOS.

Financial support requirements: The sponsor must show the government they can provide financial support for the intending immigrant. This is done using Form I-864, Affidavit of Support. The form is a contract between the sponsor and the government. The sponsor must show they have enough income or assets to support the applicant at 125% of the Federal Poverty Guidelines. If the sponsor can’t show they have enough financial resources, they may include another person on the affidavit. This person is a joint sponsor. A joint sponsor does not need to be related to the intending immigrant. They need to show adequate means of financial support of their own family and the intending immigrant.

Tax implications: LPRs are considered a US tax resident for US income tax purposes. In general, they will be taxed like US citizens on their worldwide income.

Timing: The process of a family-based sponsorship can take several years. In some situations, it can take decades. 

Immigration bars: Some situations and immigration violations can make a person ineligible to apply for LPR status. This includes but is not limited to, entering the United States illegally, overstaying their visa, working without authorization, or committing certain criminal offenses.