Immigrants & Immigration

What is a green card?

A green card is a common term used for documentation of lawful permanent resident (LPR) status in the United States. Lawful permanent residents (LPRs) are persons with permission to permanently live and work in the United States, and a green card is proof of this status.

A green card is different from temporary (nonimmigrant) visa status. Most visas are only authorization for someone to enter the US for a specific period of time for a specific purpose, such as work or tourism. Examples of nonimmigrant visas are B-1 (business), B-2 (tourism), H-1B (specialty occupation work), and L-1 (intracompany transfer).

There are many 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, Victim of crime or abuse status, Special Immigrant Juvenile Status, or
• Through The diversity visa lottery.

Though green card status is permanent, it can be revoked if there is a violation of immigration rules or the commission of certain crimes. Green cards can also be willfully or unwilfully abandoned.

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

Getting a family-based green card

To apply for a green card, the intending immigrant and qualifying relative (sponsor) must meet the qualification criteria for a family-sponsored category and file paperwork with and pay fees to the federal government.

The steps and requirements for getting a green card will vary based on individual circumstances, but a family-based sponsorship is generally a two-step process involving a sponsorship petition from a qualifying family member and the intending immigrant’s green card application or immigrant visa application.

There are several factors that will impact the processing, strategy, and timelines, such as:

• The status of the qualifying relative (US citizen or LPR)
• The familial relationship between the intending immigrant and the qualifying relative (parent, spouse, sibling, child)
• The country where the intending immigrant was born, and
• The immigration and criminal history of the intending immigrant.

What family members qualify?

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

A US citizen can petition for:

• A spouse
• Children
• Parents (only if the US citizen is at least 21 years old)
• Siblings (only if the US citizen is at least 21 years old)

Application Steps

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

• The family member sponsoring them must file a Form I-130, Petition for Alien Relative with USCIS, along with the required fees, accompanying forms, and supporting documentation
• The person who wants to immigrate to the US will file a Form I-485 Application to Register Permanent Residence or Adjust Status and submit the required fees and supporting documents to USCIS, including a medical examination
• The person who wants to immigrate may be required to attend a biometric appointment with USCIS
• The person who wants to immigrate to the US and the family member sponsoring them may be required to attend an in-person interview at a USCIS office
• After approval of the Form I-130 and Form I-485, USCIS will send out the green card

If the person who wants to immigrate is abroad:

• The family member sponsoring them must file a Form I-130, Petition for Alien Relative with USCIS, along with the required fees, accompanying forms, and supporting documentation
• The person who wants to immigrate to the US will apply for an immigrant visa at a US embassy or consulate by submitting Form DS-260 to the Department of State (DOS) and submitting documents to the National Visa Center. They will then attend an interview and submit additional documents, including a medical examination
• After the intending immigrant enters the United States with the immigrant visa, USCIS will send them their green card

Regardless of which path they choose, the person who wants to immigrate to the US must clear medical and security clearances. 

What else should be considered?

Financial support requirements: In addition to the requirement that there is a qualifying familial relationship to support a green card application, most family-based sponsorships require the qualifying relative to show to the government that they have adequate means of financial support. This is done using Form I-864, Affidavit of Support, which is a contract between the sponsor and the government. The sponsor must show that they have enough income or assets to support the applicant at 125% of the Federal Poverty Guidelines.  A joint sponsor, who does not need to be related, may also be used.

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 whole process of a family-based sponsorship can take several years from beginning to end, and in some situations, decades. If the applicant is already in the United States, a green card may give them a lawful status and work authorization while they wait for USCIS to process their application.

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

Note: US immigration law is complicated and mistakes can have serious and lasting consequences. It is a good idea to reach out to an immigration attorney for advice.