U.S. Green Card

The US Green Card allows you to live and work legally long-term in the United States. This is a permanent resident status that brings many benefits regarding residency, study, and employment for the holder. First Consulting Group has accompanied many US immigration cases with a team of experienced lawyers who possess a deep understanding of immigration law.

What is a US Green Card? Why do many people want to own a US residency document? – First Consulting Group

The US Green Card is a US permanent resident document issued by USCIS, allowing legal long-term residency in the United States. The holder of this document is permitted to live, work, and study in any state without the need for a visa.

What is a US Green Card? Distinguishing it from a US visa and citizenship

Many people easily confuse the US Green Card, a visa, and US citizenship. A visa only allows entry and stay for a certain period with a specific purpose such as tourism, business, or studying abroad. Meanwhile, a green card is a document confirming legal permanent resident status in the US.

For a 10-year green card, the holder has the right to reside long-term in the US if they comply with the regulations on permanent residency. The 2-year green card (Conditional Resident) is a conditional permanent resident status, usually applied to certain marriage-based sponsorship or investment immigration cases. Before the card expires, the applicant needs to file a petition to remove the conditions according to regulations to maintain their legal permanent resident status in the US.

A person holding a permanent resident card (Permanent Resident Status) is not yet considered a US citizen. Permanent residents still retain their original nationality and do not yet have full political rights, such as the right to vote. However, after maintaining permanent resident status for 3 to 5 years (depending on the category), the applicant can submit documents to apply for naturalization to become an official US citizen.

The green card is divided into two common types: the 2-year card and the 10-year card. The 2-year (conditional) green card is typically issued to applicants immigrating under the marriage category who have been married for less than 2 years (such as CR1, CR6) or the EB5 investment category. Before the 2-year green card expires, the holder must carry out the procedure to apply for the removal of permanent residence conditions to be converted into a 10-year green card.

Benefits of US Green Card Holders

The benefits of having a green card are not limited to just legally residing in the United States. Green card holders in the US also enjoy many benefits regarding employment, education, social security, and family sponsorship according to US immigration law. This is also one of the reasons why many people desire to possess permanent resident status in the US.

Outstanding benefits of US permanent residents include:

• Living and working legally throughout the US territory.
• Freedom to choose a profession (except for certain jobs that require US citizenship).
• Buying and selling real estate, opening a business.
• Access to most social security programs after 5 years of permanent residency.
• Sponsoring a spouse, unmarried children under 21 years old, or unmarried children over 21 years old. Note: Permanent residents cannot sponsor parents, siblings, or married children (this is an exclusive right of US Citizens).
• Applying for citizenship after 5 years, or 3 years if married to and living with a US citizen.

How to get a Green Card in the US? Conditions and popular categories today

Many people wonder how to get a green card in the US and what conditions need to be met to be granted permanent resident status. To apply for a US residency document, the applicant must belong to a legal immigration category as prescribed by US immigration law. Each category will have its own requirements for documentation, financial conditions, and processing time, so identifying the right suitable program from the beginning is very important.

Popular US residency application categories today

In US immigration, Family Sponsorship is a major category, which is divided into two branches: immediate relatives (IR) and family preference (F):

• Immediate Relative Category (IR/CR):

No annual limit on the number of visas, fast processing time.

– IR1/CR1: Spouse of a US citizen.

– IR2/CR2: Unmarried child under 21 years old of a US citizen.

– IR5: Parent of a US citizen (the sponsor must be 21 years of age or older).

• Family Preference Group:

Subject to an annual quota, must wait according to the Visa Bulletin schedule.

– F1: Unmarried child over 21 years old of a US citizen.

– F2A: Spouse and unmarried child under 21 years old of a Permanent Resident.

– F2B: Unmarried child over 21 years old of a Permanent Resident.

– F3: Married child of a US citizen.

– F4: Sibling of a US citizen.

• Employment-Based Green Card Category:

EB-1: Persons with extraordinary ability, outstanding professors/researchers, multinational managers.

EB-2: Persons with advanced degrees or exceptional ability, including NIW (National Interest Waiver).

EB-3: Professionals, skilled workers, unskilled workers.

EB-4: Special immigrants (religious workers, etc.).

• EB-5 Investment Category:

For investors and their families (spouse and unmarried children under 21 years old) in two forms:

– Investment through a Regional Center.

– Direct investment.

Minimum capital level:

– $800,000: For projects in Targeted Employment Areas (TEA) or infrastructure projects.

– $1,050,000: For other areas.

Requirements: Prove the legal source of funds and create at least 10 jobs for US workers.

• Other special categories:

Refugee and political asylum categories.

Diversity Visa Program.

Special immigrants such as religious workers, military translators, etc.

Victims of domestic violence.

Conditions for issuing a US Green Card

Conditions for issuing a US Green Card include:

• Having a legal immigration category (family sponsorship, employment, investment).
• Having a sponsor or a sponsoring business with sufficient financial capacity.
• Meeting the financial sponsorship requirements according to USCIS standards.
• Having a clean criminal record, not violating US immigration laws, or having serious criminal convictions.
• Meeting the health requirements set by the US Department of Health.
• Having documents that clearly prove identity (criminal record, birth certificate).
• Completing all application forms and civil documents fully and accurately as required by USCIS and the NVC.

Notes on Cost & Time:

Cost: Total government fees (application fee, green card fee, medical examination, etc.) vary depending on the immigration category and the number of members. Note that these fees are regularly updated according to the new regulations of USCIS.

Processing Time:

• Immediate Relative Category (Spouse, children, parents of US Citizens): Depends entirely on the processing speed of immigration agencies (USCIS, NVC, and the Consulate).
• Other categories (Family Preference Category (F), EB-5 investment, etc.): Depends on the processing progress combined with the priority order on the monthly Visa Bulletin published by the US Department of State.

What are the steps in the US Green Card procedure?

A clear procedure for getting a green card in the US helps you proactively prepare according to USCIS standards, reducing the risk of delays or application rejection.

Steps to apply for and issue a US Green Card from A-Z

• Step 1: The sponsor or applicant submits the appropriate application for the immigration category to USCIS. For example: form I-130 for family sponsorship, I-140 for the employment category, and I-526/I-526E for the EB-5 investment category. These forms are used to prove eligibility under each immigration program before applying for a US green card.
• Step 2: USCIS checks the validity of the application and the accompanying evidence. During this process, the applicant may be asked to provide additional evidence (RFE) if necessary. If the application meets the requirements, USCIS will send an approval notice. The processing time varies depending on the immigration category and the processing Service Center. After approval, the file will be transferred to the National Visa Center (NVC) to prepare for the next stage.
• Step 3: If the applicant is legally in the US: Wait until the Visa Bulletin allows, then file form I-485 to adjust status to apply for a green card within the US. If the applicant is outside the US, the file is transferred to the National Visa Center (NVC). Here, the applicant will be issued a Case Number and an Invoice ID Number to start the fee payment process and submit the electronic application.
• Step 4: After the file is approved by USCIS and transferred to the National Visa Center (NVC), the applicant will receive instructions to pay the processing fees. After completing the payment, the NVC will open the system to submit form DS-260 (immigrant visa application), civil documents, and financial sponsorship documents such as I-864 or I-864A. For family preference categories (F categories), the file may have to wait at the NVC for many years until the Visa Bulletin schedule becomes Current to continue processing the next steps.
• Step 5: If interviewing abroad (outside the US), the designated unit is the US Consulate or Embassy, not USCIS. For the required medical exams, these facilities are typically designated clinics or authorized hospitals in your home country.
• Step 6: If the applicant is outside the US, they will attend an immigrant visa interview at the US Consulate or Embassy according to the scheduled appointment. If the applicant is in the US and files form I-485 to adjust status to apply for a green card, USCIS will require biometrics (fingerprinting, photography) right from the early stages of the process. In some cases, the applicant may be required to attend an interview at a local USCIS office.
• Step 7: After completing the interview and being approved for an immigrant visa, the applicant will receive an immigrant visa stamped in their passport to enter the US. The physical green card is not issued immediately at the interview but will be mailed to the US address after the applicant enters the country and completes the payment of the green card fee (USCIS Immigrant Fee).

General documents to prepare when applying for a US Green Card:

• Valid passport.
• Birth certificate (translated/notarized if necessary).
• Police certificate (criminal record).
• Immigration medical examination results.
• Photographs meeting USCIS standards.
• Other civil documents as required by USCIS or the NVC.

Specific documents according to each immigration category:

• Family/Spouse Sponsorship Category: Marriage registration certificate, evidence of family relationship, form I-130.
• Financial Sponsorship Category: Form I-864/I-864A, bank statements, proof of income.
• EB-5 Investment Category: Source of funds documents, investment documents, and form I-526/I-526E.
• Consular Processing Category: Form DS-260 and interview invitation letter from the NVC / US Consulate.

Important notes to maintain long-term residency

After acquiring permanent resident status, you need to maintain it by:

• Not leaving the US for more than 6 consecutive months (If planning to leave the US for more than 1 year, it is mandatory to apply for a Re-entry Permit before leaving).
• Always filing and paying federal income taxes (and state taxes, if any) as a US Permanent Resident. Filing taxes as a “Non-resident” can result in the loss of the green card.
• Not committing serious law violations. Certain criminal offenses can lead to immediate deportation even if you have had a green card for many years.
• Renewing or maintaining permanent resident status with the correct type of green card: The holder of a 10-year green card can use form I-90 to renew it when the card is about to expire. For the 2-year conditional green card, the applicant must file a petition to remove conditions using form I-751 (marriage category) or I-829 (EB-5 investment category), and should not use form I-90.
• Updating your address: You must notify USCIS within 10 days every time you change your residential address.

If you need more information or consultation about the US green card, immigration applications, family sponsorship, or complex immigration procedures, please contact First Consulting Group for our team of lawyers to provide dedicated support, guidance, and professional application processing.

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Descargo de responsabilidad: Toda la información proporcionada en este documento está destinada únicamente a fines informativos generales y no constituye asesoramiento legal formal. Los datos estadísticos y los tiempos de procesamiento reflejan los registros públicos disponibles en el momento de la publicación. Para obtener evaluaciones legales precisas, por favor programe una consulta directa con First Consulting Group.