What is Green Cards of USA?

A Green Card, officially known as a Permanent Resident Card, is an identification document issued by the United States government to foreign nationals who are authorized to live and work permanently in the United States. It is a proof of lawful permanent resident status.

Green Cards are typically issued to individuals who meet certain eligibility criteria, such as family sponsorship, employment-based immigration, refugee or asylum status, or through the Diversity Visa Lottery program. Once obtained, Green Card holders have the right to live, work, and study in the United States indefinitely. They enjoy many of the same rights and privileges as U.S. citizens, although there are some restrictions, such as the inability to vote in federal elections.

Holding a Green Card is often seen as a significant step toward obtaining U.S. citizenship, as Green Card holders are generally eligible to apply for naturalization after meeting certain residency requirements. However, it is important to note that Green Cards themselves do not confer citizenship; they represent lawful permanent residency status.

Eligibility for a Green Card

Eligibility for a Green Card, or permanent residency in the United States, can be based on various categories. Here are some common pathways to obtain a Green Card:

1. Family Sponsorship: U.S. citizens or Green Card holders can sponsor certain family members, such as spouses, children, parents, or siblings, for a Green Card.
2. Employment-Based Immigration: Individuals with job offers from U.S. employers may be eligible for a Green Card through employment. There are different employment-based preference categories, including extraordinary ability, multinational executives or managers, professionals with advanced degrees, skilled workers, and certain special immigrants.
3. Refugee or Asylum Status: Individuals who have been granted refugee or asylum status in the United States may be eligible to apply for a Green Card after a certain period of time.
4. Diversity Visa Lottery Program: The Diversity Visa (DV) Lottery is an annual program that randomly selects individuals from countries with historically low rates of immigration to the United States. Winners of the lottery have the opportunity to apply for a Green Card.
5. Special Programs: There are additional special programs, such as the Cuban Adjustment Act, the Violence against Women Act (VAWA), and the Special Immigrant Juvenile Status (SIJS), which provide pathways to obtain a Green Card for specific groups of individuals who meet certain criteria.

Application Process

The application process for a Green Card, or permanent residency in the United States, varies depending on the specific category you are applying under. However, here is a general overview of the process:

1. Determine your eligibility: Identify the category under which you are eligible to apply for a Green Card, such as family sponsorship, employment-based immigration, refugee or asylum status, or the Diversity Visa Lottery program. Make sure you meet the specific requirements for that category.
2. File the appropriate petition: The first step is usually to have a sponsor, such as a family member or employer, file a petition on your behalf. They will submit the necessary forms and supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
3. Wait for processing and approval: The processing time can vary depending on the category and other factors. USCIS will review the petition, conduct background checks, and may request additional documentation or schedule an interview. If the petition is approved, you will receive a notice indicating the next steps.
4. Complete the necessary forms: After the petition is approved, you will typically need to complete and submit additional forms related to your Green Card application. These forms may include the Application to Register Permanent Residence or Adjust Status (Form I-485), along with supporting documents such as passport photos, birth certificates, marriage certificates, and financial records.
5. Attend biometrics appointment: USCIS will schedule a biometrics appointment where you will provide your fingerprints, photograph, and signature for background checks.
6. Attend an interview (if required): Depending on the category and USCIS discretion, you may be required to attend an interview. This is common for family-based applications. During the interview, an immigration officer will ask you questions about your background, relationship (if applicable), and eligibility for a Green Card.
7. Wait for a decision: After the interview (if applicable) and completion of the necessary steps, USCIS will make a decision on your Green Card application. If approved, you will receive your Green Card in the mail. If denied, you may have options for appeal or reconsideration.

Rights and Benefits of Green Card holders

Green Card holders, or lawful permanent residents of the United States, enjoy various rights and benefits, although there are some differences compared to U.S. citizens. Here are some of the key rights and benefits:

1. Living and working in the United States: Green Card holders have the right to live and work in the United States indefinitely. They can pursue employment opportunities in most sectors and are not restricted to specific employers or job types.
2. Traveling in and out of the United States: Green Card holders can travel freely in and out of the United States. They can generally re-enter the country after temporary trips abroad without the need for additional visas or travel documents.
3. Social Security and Medicare benefits: Green Card holders who have worked in the United States and paid Social Security and Medicare taxes may be eligible to receive these benefits upon retirement, disability, or under other specific circumstances.
4. Education benefits: Green Card holders have access to public education in the United States, including attending public schools and institutions of higher education. They may also be eligible for certain scholarships, grants, and financial aid programs.
5. Property ownership and legal rights: Green Card holders have the right to own property in the United States, such as homes or businesses. They are protected by U.S. laws and have access to the legal system for disputes and grievances.
6. Sponsorship of relatives: Green Card holders can sponsor certain family members for family-based immigration, such as spouses and unmarried children, to help them obtain Green Cards and join them in the United States.
7. Pathway to U.S. citizenship: Holding a Green Card is often seen as a significant step toward U.S. citizenship. Green Card holders may be eligible to apply for naturalization after meeting certain residency requirements, such as living in the United States continuously for a specified period of time.

Responsibilities of Green Card holders

As lawful permanent residents of the United States, Green Card holders have certain responsibilities that they are expected to fulfill. Here are some of the key responsibilities:

1. Obeying U.S. laws: Green Card holders are required to follow all federal, state, and local laws in the United States. This includes abiding by laws related to employment, taxation, driving, and other aspects of daily life.
2. Maintaining valid and up-to-date Green Cards: Green Card holders must ensure that their Green Cards are valid and not expired. It is important to apply for renewal well in advance of the expiration date to maintain lawful permanent resident status.
3. Carrying Green Cards and presenting them when required: Green Card holders are generally required to carry their Green Cards with them at all times as proof of their lawful status in the United States. They must present their Green Cards to immigration officers, law enforcement authorities, or other officials upon request.
4. Not engaging in criminal activities: Green Card holders must avoid engaging in criminal activities that may lead to their arrest, conviction, and potential deportation from the United States. Committing serious crimes can jeopardize their lawful permanent resident status.
5. Reporting change of address: Green Card holders are required to report any change of address to the U.S. Citizenship and Immigration Services (USCIS) within a specified period of time. This ensures that USCIS can communicate important information and updates to the individual.
6. Supporting the United States in case of draft: If the United States ever reinstates the military draft, Green Card holders who meet certain criteria may be required to serve in the U.S. Armed Forces.
7. Registering for selective service (males): Most male Green Card holders between the ages of 18 and 25 are required to register with the Selective Service System. This includes providing information in case of a military draft or national emergency.

Conditional Green Cards

Here are some key points regarding Conditional Green Cards:

1. Validity and duration: Conditional Green Cards are valid for a period of two years.
2. Removal of conditions: Before the expiration of the two-year period, the Green Card holder must file a petition to remove the conditions on their permanent residency. This is done by filing Form I-751 (for marriage-based cases) or Form I-829 (for investment-based cases) with the U.S. Citizenship and Immigration Services (USCIS).
3. Joint petition: In marriage-based cases, the petition to remove conditions is typically filed jointly by the Green Card holder and their spouse. It is intended to demonstrate that the marriage is genuine and still ongoing. However, there are exceptions for individuals who have divorced, been widowed, or have experienced abuse or extreme hardship.
4. Documentary evidence: The petition to remove conditions requires providing evidence of the ongoing marital relationship (or business investment) to prove that it was not entered into fraudulently. This evidence may include joint financial documents, lease or mortgage agreements, joint tax returns, utility bills, and affidavits from family and friends.
5. Interview and decision: In some cases, USCIS may request an interview to further assess the legitimacy of the marriage or investment. Upon approval of the petition, the conditional status is removed, and the individual is granted a permanent Green Card, valid for ten years.

Green Card Renewal and Replacement

Green Card holders need to ensure that their Green Cards remain valid and up-to-date. Here’s an overview of the processes for Green Card renewal and replacement:

Green Card Renewal:

• Timing: It is recommended to begin the renewal process at least six months before the expiration date of the current Green Card.
• Form I-90: To renew a Green Card, the individual must file Form I-90, Application to Replace Permanent Resident Card, with the U.S. Citizenship and Immigration Services (USCIS).
• Supporting Documents: Along with Form I-90, the applicant must provide supporting documents, such as a copy of the current Green Card, passport-style photos, and any required fees.
• Biometrics: USCIS may require the applicant to attend a biometrics appointment to provide fingerprints, photographs, and a signature for identity verification.
• Waiting for the decision: USCIS will review the application and supporting documents. If approved, the applicant will receive a new Green Card by mail. If additional information is required, USCIS may request an interview or issue a Request for Evidence (RFE).

Green Card Replacement:

• Reasons for replacement: A Green Card may need to be replaced if it is lost, stolen, damaged, or contains incorrect information.
• Form I-90: The process for Green Card replacement is similar to the renewal process. The applicant must file Form I-90 with USCIS and provide the necessary supporting documents.
• Police report (if applicable): If the Green Card was lost or stolen, it is advisable to file a police report and provide a copy of the report as supporting documentation.
• Biometrics and decision: Similar to the renewal process, USCIS may require biometrics and will review the application. Upon approval, a new Green Card will be issued.

Green Card and Citizenship

While a Green Card provides lawful permanent residency in the United States, U.S. citizenship offers additional rights and benefits. Here are some key points regarding the relationship between Green Cards and citizenship:

• Green Card as a pathway to citizenship: Holding a Green Card is often seen as a significant step toward obtaining U.S. citizenship. Green Card holders who meet certain residency requirements may be eligible to apply for naturalization and become U.S. citizens.
• Residency requirements: Typically, Green Card holders must reside continuously in the United States for a specified period of time (usually five years, or three years if married to a U.S. citizen) before being eligible to apply for naturalization. The residency requirement may have additional criteria, such as physical presence and maintaining good moral character.
• Naturalization process: To become a U.S. citizen, Green Card holders must apply for naturalization by filing Form N-400, Application for Naturalization, with USCIS. The application includes biographical information, background checks, and an interview.
• Benefits of U.S. citizenship: U.S. citizens enjoy additional benefits compared to Green Card holders, such as the right to vote in federal elections, the ability to run for public office, eligibility for certain government jobs, and access to certain government benefits and programs.
• Dual citizenship: The United States generally permits dual citizenship, which means individuals can maintain their citizenship of another country while becoming a U.S. citizen. However, it’s important to note that some countries may have restrictions or limitations on dual citizenship, so it is advisable to check the laws of both countries involved.
• Renunciation of previous citizenship: When applying for U.S. citizenship, individuals are not required to renounce their previous citizenship. However, some countries may have their own rules regarding renunciation, so it’s important to consult the laws of the individual’s home country.
• Importance of legal advice: The process of obtaining U.S. citizenship can be complex, and it is advisable to seek guidance from an immigration attorney or consult the USCIS website for accurate and up-to-date information regarding eligibility, requirements, and the naturalization process.

Conclusion

In conclusion, a Green Card grants lawful permanent residency in the United States, while U.S. citizenship provides additional rights and benefits. Green Card holders enjoy the privilege of living and working in the United States indefinitely, as well as the ability to travel in and out of the country. They may also be eligible for certain social security benefits, education benefits, and the ability to sponsor family members for immigration.

However, U.S. citizens have additional privileges, including the right to vote in federal elections, eligibility for certain government jobs, and the ability to run for public office. They also have access to a wider range of government benefits and programs. Green Card holders can pursue U.S. citizenship through the naturalization process, which involves meeting residency requirements, filing an application, and passing background checks and an interview.

It’s important to note that the process for obtaining and maintaining a Green Card, as well as applying for U.S. citizenship, can be complex. It’s advisable to seek guidance from an immigration attorney or consult the U.S. Citizenship and Immigration Services (USCIS) website for accurate and up-to-date information. Understanding the rights, benefits, responsibilities, and opportunities associated with both Green Cards and U.S. citizenship can help individuals make informed decisions about their immigration status in the United States.

FAQs

1. What is a Green Card?
2. How do I become eligible for a Green Card?
3. What is the difference between a Green Card and U.S. citizenship?
4. How long is a Green Card valid for?
5. Can I travel outside the United States with a Green Card?
6. Can I work in any job with a Green Card?
7. Can I sponsor my family members for Green Cards?
8. What are the rights and benefits of having a Green Card?
9. Can I lose my Green Card?
10. How do I renew my Green Card?
11. What is a Conditional Green Card?
12. How do I remove the conditions on my Conditional Green Card?
13. Can I apply for U.S. citizenship with a Green Card?
14. What are the requirements for naturalization?
15. Can I hold dual citizenship with the United States and another country?
16. Can I apply for a Green Card while living outside the United States?
17. Can I apply for government benefits with a Green Card?
18. How can I check the status of my Green Card application?
19. Can I appeal a Green Card application denial?
20. Do I need an immigration attorney to apply for a Green Card?