Becoming a US Legal Permanent Resident: A Comprehensive Guide
Becoming a Legal Permanent Resident (LPR) of the United States, often referred to as getting a “green card,” is a significant step towards building a life in the US. It grants you the right to live and work permanently in the country, travel freely in and out (with some limitations), and eventually apply for US citizenship. However, the process can be complex and lengthy, with specific requirements and procedures varying based on your individual circumstances. This comprehensive guide will walk you through the most common pathways to becoming an LPR, outlining the eligibility requirements, application process, and important considerations along the way.
## Understanding Legal Permanent Residence
Before diving into the specific pathways, it’s crucial to understand what Legal Permanent Residence entails. As an LPR, you are authorized to live and work permanently in the United States. You’ll receive a Permanent Resident Card (Green Card) as proof of your status. While you enjoy many of the same rights as US citizens, there are some key differences:
* **Voting:** LPRs cannot vote in federal or state elections.
* **Holding Public Office:** LPRs generally cannot hold elected office.
* **US Passport:** LPRs cannot obtain a US passport.
* **Staying Outside the US:** While you can travel outside the US, prolonged absences can jeopardize your LPR status. Generally, staying outside the US for more than one year can lead to abandonment of your residency.
* **Deportation:** LPRs can be deported if they commit certain crimes or violate immigration laws.
* **Citizenship Eligibility:** After meeting certain requirements (typically 3 or 5 years of continuous residence as an LPR), you can apply for US citizenship.
## Pathways to Legal Permanent Residence
There are several pathways to becoming a Legal Permanent Resident, each with its own eligibility requirements and application procedures. The most common pathways include:
1. **Family-Based Green Card:**
2. **Employment-Based Green Card:**
3. **Refugee or Asylum Status:**
4. **Diversity Visa Lottery:**
5. **Other Pathways (e.g., Special Immigrant, Registry).**
We will examine each of these in detail.
### 1. Family-Based Green Card
This pathway allows US citizens and Legal Permanent Residents to sponsor certain family members for a green card. The eligibility requirements and processing times vary depending on the relationship between the sponsor and the beneficiary (the person seeking the green card). Also note that preference categories exist and significantly impact wait times. Immediate relatives always have a visa available and are not subject to numerical limitations.
**Who Can Sponsor?**
* **US Citizens:** Can sponsor spouses, unmarried children under 21, parents (if the US citizen is over 21), and unmarried children of any age.
* **Legal Permanent Residents:** Can sponsor spouses and unmarried children of any age.
**Eligibility Requirements for the Beneficiary (Applicant):**
* Must have a qualifying relationship with the US citizen or LPR sponsor.
* Must be admissible to the United States (not have certain criminal convictions, health issues, or immigration violations).
* Must have a valid immigrant visa immediately available at the time of filing.
**The Process:**
The family-based green card process generally involves these steps:
**Step 1: Filing Form I-130, Petition for Alien Relative:**
The US citizen or LPR sponsor must file Form I-130 with USCIS (United States Citizenship and Immigration Services). This form establishes the qualifying relationship between the sponsor and the beneficiary. You’ll need to provide evidence of the relationship, such as birth certificates, marriage certificates, and photos.
* **Where to File:** The form is typically filed with the USCIS service center that has jurisdiction over the sponsor’s place of residence. Check the USCIS website for the most up-to-date filing instructions.
* **Required Documents:**
* Completed Form I-130.
* Evidence of the sponsor’s US citizenship or LPR status (e.g., copy of US passport, Green Card, birth certificate).
* Evidence of the qualifying relationship (e.g., marriage certificate, birth certificate, adoption papers).
* Passport-style photos of both the sponsor and the beneficiary.
* **Fees:** There is a filing fee associated with Form I-130. Check the USCIS website for the current fee schedule.
**Step 2: National Visa Center (NVC) Processing (If Applicable):**
If the beneficiary is outside the United States, and once the I-130 is approved, the petition is sent to the National Visa Center (NVC). The NVC collects fees, visa application, and supporting documentation. They will also conduct preliminary screening and schedule an interview at a US embassy or consulate abroad.
**Step 3: Filing Form I-485, Application to Register Permanent Residence or Adjust Status (If in the US):**
If the beneficiary is already in the United States legally, they may be eligible to file Form I-485 to adjust their status to Legal Permanent Resident *after* the I-130 petition is approved *and* a visa is immediately available. “Immediately available” depends on the preference category and country of origin of the beneficiary. This is called concurrent filing. Concurrent filing is allowed when an immediate relative petitions for a family member who is in the US legally. When concurrent filing occurs, both the I-130 and I-485 are submitted together.
* **Eligibility for Adjustment of Status:**
* Must be physically present in the United States.
* Must have entered the US legally and maintained lawful status.
* Must be admissible to the United States.
* Must not have committed any actions that would make them ineligible for a green card.
* **Required Documents:**
* Completed Form I-485.
* Copy of Form I-797, Approval or Receipt Notice, for the I-130 petition.
* Copy of passport and visa (if applicable).
* Copy of Form I-94, Arrival/Departure Record.
* Birth certificate.
* Marriage certificate (if applicable).
* Affidavit of Support (Form I-864) from the sponsor.
* Medical examination report (Form I-693).
* Police clearance certificates from countries where you have lived for more than six months.
* Passport-style photos.
* **Fees:** There is a filing fee associated with Form I-485. Check the USCIS website for the current fee schedule.
**Step 4: Interview:**
USCIS may schedule an interview for both the sponsor and the beneficiary. The interview is an opportunity for USCIS to verify the information provided in the application and assess the genuineness of the relationship. If the beneficiary is outside the US, this interview is conducted by the US embassy or consulate after review by the NVC.
**Step 5: Decision:**
After reviewing the application, supporting documents, and interview (if applicable), USCIS will make a decision on the application. If approved, the beneficiary will receive their Green Card.
**Important Considerations for Family-Based Green Cards:**
* **Visa Availability:** For some family-based categories, there are annual limits on the number of visas available. This can result in waiting times, especially for beneficiaries from countries with high demand. The Visa Bulletin, published monthly by the Department of State, provides information on visa availability dates.
* **Affidavit of Support:** The sponsor must demonstrate that they can financially support the beneficiary. This is done by filing Form I-864, Affidavit of Support, and providing evidence of their income and assets. The sponsor’s income must be at least 125% of the poverty guideline for their household size.
* **Public Charge Rule:** USCIS will assess whether the beneficiary is likely to become a “public charge,” meaning they are likely to become primarily dependent on the government for subsistence. The Affidavit of Support is intended to address this concern.
* **Conditional Permanent Residence:** If you obtain a green card based on marriage to a US citizen or LPR, and you have been married for less than two years at the time you are granted LPR status, you will receive conditional permanent residence. You must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the second anniversary of your conditional residence to remove the conditions and obtain a permanent Green Card.
### 2. Employment-Based Green Card
This pathway allows foreign nationals to obtain a Green Card based on their job skills and qualifications. There are several categories of employment-based green cards, each with its own requirements.
**Categories of Employment-Based Green Cards:**
* **EB-1 (Priority Workers):** This category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers.
* **EB-2 (Professionals with Advanced Degrees or Exceptional Ability):** This category is for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. A labor certification is generally required, unless the job is deemed to be in the national interest.
* **EB-3 (Skilled Workers, Professionals, and Unskilled Workers):** This category is for skilled workers, professionals, and unskilled workers. A labor certification is generally required.
* **EB-4 (Special Immigrants):** This category is for certain religious workers, employees of US foreign service posts, and other special immigrants.
* **EB-5 (Immigrant Investors):** This category is for individuals who invest a significant amount of money in a US business and create at least 10 full-time jobs for US workers.
**The Process (Generally):**
The employment-based green card process typically involves these steps:
**Step 1: Labor Certification (PERM) (For EB-2 and EB-3 in most cases):**
Most EB-2 and EB-3 categories require a labor certification from the Department of Labor (DOL). The employer must demonstrate that there are not enough US workers who are able, willing, qualified, and available to perform the job, and that employing the foreign worker will not adversely affect the wages and working conditions of US workers.
* **The PERM Process:**
* The employer must conduct recruitment efforts to test the labor market.
* The employer must file Form ETA 9089, Application for Permanent Employment Certification, with the DOL.
* The DOL will review the application and may request additional information.
* If the application is approved, the DOL will issue a labor certification.
**Step 2: Filing Form I-140, Immigrant Petition for Alien Worker:**
Once the labor certification is approved (if required), the employer must file Form I-140 with USCIS. This form establishes that the employer is able and willing to employ the foreign worker and that the foreign worker meets the requirements for the specific employment-based category.
* **Required Documents:**
* Completed Form I-140.
* Approved labor certification (if required).
* Evidence of the employer’s ability to pay the offered wage.
* Evidence of the foreign worker’s qualifications (e.g., degrees, experience, licenses).
* **Fees:** There is a filing fee associated with Form I-140. Check the USCIS website for the current fee schedule.
**Step 3: National Visa Center (NVC) Processing (If Applicable):**
If the beneficiary is outside the United States, and once the I-140 is approved, the petition is sent to the National Visa Center (NVC). The NVC collects fees, visa application, and supporting documentation. They will also conduct preliminary screening and schedule an interview at a US embassy or consulate abroad.
**Step 4: Filing Form I-485, Application to Register Permanent Residence or Adjust Status (If in the US):**
If the beneficiary is already in the United States legally, they may be eligible to file Form I-485 to adjust their status to Legal Permanent Resident *after* the I-140 petition is approved *and* a visa is immediately available. This is called concurrent filing. Concurrent filing is only allowed when the visa is available. When concurrent filing occurs, both the I-140 and I-485 are submitted together. This is very rare.
* **Eligibility for Adjustment of Status:**
* Must be physically present in the United States.
* Must have entered the US legally and maintained lawful status.
* Must be admissible to the United States.
* Must not have committed any actions that would make them ineligible for a green card.
* **Required Documents:** (See list above for Family-Based).
* **Fees:** There is a filing fee associated with Form I-485. Check the USCIS website for the current fee schedule.
**Step 5: Interview:**
USCIS may schedule an interview for both the employer and the beneficiary. The interview is an opportunity for USCIS to verify the information provided in the application and assess the foreign worker’s qualifications. If the beneficiary is outside the US, this interview is conducted by the US embassy or consulate after review by the NVC.
**Step 6: Decision:**
After reviewing the application, supporting documents, and interview (if applicable), USCIS will make a decision on the application. If approved, the beneficiary will receive their Green Card.
**Important Considerations for Employment-Based Green Cards:**
* **Priority Dates:** For most employment-based categories, there are annual limits on the number of visas available. This can result in waiting times, especially for beneficiaries from countries with high demand. The Visa Bulletin, published monthly by the Department of State, provides information on visa availability dates. Your “priority date” is the date your petition (either I-140 or the PERM labor certification) was filed.
* **Ability to Pay:** The employer must demonstrate that they have the financial ability to pay the offered wage to the foreign worker.
* **Job Requirements:** The job requirements must be consistent with the normal requirements for the occupation.
* **Immigrant Intent:** When applying for a non-immigrant visa (e.g., H-1B) while also pursuing a green card, it’s important to demonstrate that you intend to comply with the terms of your non-immigrant visa and depart the US when your authorized stay expires. This can be a complex area of immigration law, so it’s important to seek legal advice.
### 3. Refugee or Asylum Status
Individuals who have been persecuted or fear persecution in their home country may be eligible for refugee or asylum status in the United States. After one year of residing in the United States with refugee or asylum status, individuals can apply for Legal Permanent Residence.
**Key Differences between Refugee and Asylum Status:**
* **Refugee Status:** Granted to individuals who are *outside* the United States when they apply.
* **Asylum Status:** Granted to individuals who are *already* in the United States when they apply.
**The Process:**
1. **Refugee Status:** Individuals apply for refugee status from outside the United States through a US embassy or consulate or through the United Nations High Commissioner for Refugees (UNHCR).
2. **Asylum Status:** Individuals apply for asylum status by filing Form I-589, Application for Asylum and Withholding of Removal, with USCIS within one year of arriving in the United States (with some exceptions).
3. **Interview:** Both refugees and asylum seekers will be interviewed by USCIS to determine their eligibility for protection.
4. **Approval:** If approved, refugees are admitted to the United States, and asylees are granted asylum status.
5. **Application for Legal Permanent Residence:** After one year of continuous physical presence in the US since being granted refugee or asylee status, you can apply for a green card. Refugees apply by filing Form I-485. Asylees apply by filing Form I-485.
**Eligibility Requirements:**
* Must have been admitted to the United States as a refugee or granted asylum status.
* Must have been physically present in the United States for at least one year after being admitted as a refugee or granted asylum.
* Must be admissible to the United States (not have certain criminal convictions, health issues, or immigration violations).
### 4. Diversity Visa Lottery
The Diversity Visa (DV) Lottery, also known as the Green Card Lottery, makes up to 50,000 immigrant visas available each year to people from countries with historically low rates of immigration to the United States. The lottery is administered by the Department of State.
**Eligibility Requirements:**
* Must be a native of a country with historically low rates of immigration to the United States. Note that if you were born in a country that does *not* qualify but your spouse was born in a country that *does* qualify, you can claim your spouse’s country of birth.
* Must have at least a high school education or its equivalent, or have two years of work experience within the past five years in an occupation that requires at least two years of training or experience.
**The Process:**
1. **Enter the Lottery:** The lottery is held annually, typically in the fall. Entries must be submitted electronically through the Department of State’s website during the designated registration period.
2. **Selection:** Winners are selected randomly by a computer program.
3. **Notification:** Winners are notified by the Department of State.
4. **Application for Legal Permanent Residence:** If selected, you can apply for a green card. If you are in the United States, you can apply for adjustment of status by filing Form I-485. If you are outside the United States, you will need to apply for an immigrant visa through a US embassy or consulate.
**Important Considerations for the Diversity Visa Lottery:**
* **Registration Period:** The registration period is typically short, so it’s important to apply as soon as possible.
* **Eligibility Requirements:** Make sure you meet all the eligibility requirements before entering the lottery.
* **Beware of Scams:** Be aware of scams that target DV lottery applicants. The Department of State does not charge a fee to enter the lottery.
* **Limited Visas:** Even if you are selected, there is no guarantee that you will receive a visa. The number of visas available is limited, and they are issued in order of case number.
### 5. Other Pathways
There are several other pathways to obtaining Legal Permanent Residence including:
* **Special Immigrant Status:** This includes several categories such as religious workers, special immigrant juveniles (SIJs), and Afghan or Iraqi nationals who assisted the US government. Each category has specific eligibility requirements.
* **Registry:** This is a rarely used provision where you can apply for a green card if you have lived continuously in the United States since before January 1, 1972.
* **Cancellation of Removal:** This is a defense against deportation where a non-permanent resident can ask an immigration judge to grant them a green card. The requirements are very strict and require continuous presence in the US for a long time.
## General Requirements and Considerations
Regardless of the specific pathway you choose, there are some general requirements and considerations that apply to all applicants for Legal Permanent Residence:
* **Admissibility:** You must be admissible to the United States. This means you must not have certain criminal convictions, health issues, or immigration violations that would make you ineligible for a green card.
* **Good Moral Character:** You must demonstrate good moral character. This means you must not have engaged in any activities that would reflect poorly on your character, such as committing crimes, lying to government officials, or failing to pay taxes.
* **Medical Examination:** You will be required to undergo a medical examination by a USCIS-designated physician.
* **Background Checks:** You will be subject to background checks by USCIS and other government agencies.
* **Documentation:** You will need to provide a variety of documents to support your application, such as birth certificates, marriage certificates, and police clearance certificates. All documents that are not in English must be translated.
* **Fees:** There are filing fees associated with all immigration applications. Check the USCIS website for the current fee schedule.
## Seeking Legal Assistance
The process of becoming a Legal Permanent Resident can be complex and confusing. It is highly recommended to seek legal assistance from an experienced immigration attorney. An attorney can help you determine the best pathway to a green card for your individual circumstances, prepare and file your application, and represent you at interviews with USCIS.
A qualified immigration attorney can:
* Evaluate your eligibility for different green card options.
* Explain the requirements and procedures for each option.
* Help you gather the necessary documents.
* Prepare and file your application.
* Represent you at interviews with USCIS.
* Advise you on your rights and obligations under immigration law.
* Help you navigate the complexities of the immigration system.
## Avoiding Immigration Scams
Unfortunately, there are many scams that target immigrants. Be very cautious of anyone who offers you a green card for a fee or guarantees a successful outcome. Only work with licensed attorneys or accredited representatives of non-profit organizations.
Here are some tips for avoiding immigration scams:
* Be wary of anyone who promises a green card or other immigration benefit for a fee.
* Do not sign any documents that you do not understand.
* Get everything in writing.
* Check the credentials of anyone who claims to be an immigration expert.
* Report suspected scams to the Federal Trade Commission (FTC).
* Only use licensed and trustworthy attorneys. Check your local and state bar association for a list of licensed attorneys.
## Conclusion
Becoming a Legal Permanent Resident of the United States is a significant achievement. While the process can be complex and challenging, it is possible with careful planning and preparation. By understanding the different pathways to a green card, meeting the eligibility requirements, and seeking legal assistance when needed, you can increase your chances of success and begin your life as a permanent resident of the United States. Remember to stay informed, be patient, and seek professional guidance to navigate the intricacies of the US immigration system. Good luck!