The Becraft Guide to How to Get a Green Card

Introduction

A green card, officially known as a Permanent Resident Card, grants an immigrant the right to live and work permanently in the United States, a status known as Lawful Permanent Residency. Securing a green card is often a crucial step on the journey toward U.S. citizenship. However, the process can be confusing, and it can vary a great deal depending on your individual circumstances. Whether you’re seeking a green card through family sponsorship, employment, or other avenues, understanding the requirements and steps involved can help you go through the process with confidence. At the Law Office of Todd Becraft, we bring many years of experience helping people just like you navigate the challenging process of getting your green card. In order to help prepare you for this process, we offer a detailed, step-by-step guide on how to get a green card and what to expect along the way.

1. Green Card Eligibility Categories

There are several ways to qualify for a green card, and each category has its own requirements. Here are the most common eligibility categories:

A. Family-Based Green Cards

Immediate Relatives of U.S. Citizens: If you are the spouse, unmarried child under 21, or parent of a U.S. citizen, you qualify as an immediate relative. This category is given priority, so there is no annual limit on green cards issued to immediate relatives. Other Family Members: Other family-based categories include unmarried sons and daughters of U.S. citizens over 21, married children of U.S. citizens, and siblings of U.S. citizens. However, these categories are subject to annual quotas and may involve longer waiting times.

B. Employment-Based Green Cards

Workers with Job Offers: Many green cards are issued to foreign nationals who have been offered employment in the U.S. These are divided into categories (EB-1 through EB-5) based on qualifications, including priority workers, professionals with advanced degrees, skilled workers, and those willing to invest significant capital in a U.S. business (EB-5 investors). Specialty Occupations and Extraordinary Ability: Certain categories, like the EB-1, are reserved for individuals with extraordinary abilities in fields like science, arts, education, business, or athletics.

C. Diversity Visa Lottery

Each year, the Diversity Immigrant Visa Program (commonly known as the green card lottery) randomly selects applicants from countries with historically low immigration rates to the U.S. If selected, winners can apply for a green card, provided they meet the eligibility requirements.

D. Humanitarian Grounds

Individuals granted refugee or asylee status in the U.S. can apply for a green card after one year. Special categories also exist for victims of human trafficking (T visas) and crime victims (U visas), among others.

E. Other Categories

Other green card options include the Special Immigrant Juvenile Status (SIJS) for children who have been abused, abandoned, or neglected, and green cards for long-term residents who have lived in the U.S. for a significant period under non-immigrant visas.

2. The Green Card Application Process

While the process for obtaining a green card can vary depending on your eligibility category, it generally follows a few key steps:

A. Filing a Petition

Family-Based: For family-sponsored green cards, the U.S. citizen or permanent resident sponsor must file Form I-130, Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes the relationship between the applicant and the sponsor. Employment-Based: For employment-based green cards, the employer typically files Form I-140, Immigrant Petition for Alien Worker. In some categories, a labor certification from the U.S. Department of Labor may also be required, which ensures no qualified U.S. workers are available for the job.

B. Apply for Adjustment of Status or Consular Processing

Once the petition is approved, the next step depends on whether you’re already in the U.S. or applying from abroad: Adjustment of Status: If you’re already in the U.S. under a non-immigrant visa, you can apply for adjustment of status by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. Consular Processing: If you’re applying from outside the U.S., you will go through consular processing at a U.S. embassy or consulate in your home country. Once your petition is approved, you will attend an interview and submit required documentation before receiving your immigrant visa.

C. Attend Your Interview

In most cases, applicants are required to attend an interview either with USCIS (if adjusting status in the U.S.) or at a U.S. consulate (if applying from abroad). During the interview, you may be asked about your background, relationship to your sponsor, or your qualifications for the green card. This is also when you’ll submit additional documents, such as medical exam results.

D. Receive Your Green Card

If your application is approved, you will be issued a green card, which allows you to live and work in the U.S. as a permanent resident. Your green card will initially be valid for 10 years (or two years for conditional residents like spouses of U.S. citizens). You must renew it before it expires.

3. Special Considerations and Challenges

A. Priority Dates and Wait Times

Some green card categories, particularly those based on family and employment, are subject to annual quotas. If there is a backlog in your category, you may be assigned a priority date, which determines your place in line. Checking the Visa Bulletin published by the U.S. Department of State will help you track the availability of green cards in your category.

B. Conditional Permanent Residency

Certain applicants, like spouses of U.S. citizens, may receive a conditional green card if they have been married for less than two years at the time of approval. Conditional residents must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day window before their conditional status expires.

C. Green Card Lottery and Its Limitations

While the Diversity Visa Lottery provides an exciting opportunity for many, it is also highly competitive, and winning the lottery does not guarantee a green card. Applicants must still meet eligibility requirements and complete the application process.

D. Denials and Appeals

If your green card application is denied, you may have the opportunity to appeal the decision or file a motion to reopen or reconsider the case. It’s important to understand the reasons for denial and seek legal advice from immigration professionals, such as the Law Office of Todd Becraft, to determine your next steps.

4. Preparing for Life as a Green Card Holder

Obtaining a green card is a significant achievement, and as a permanent resident, you’ll enjoy many benefits, including the ability to live and work anywhere in the U.S., access to government benefits, and a pathway to U.S. citizenship. However, permanent residents also have responsibilities: File Taxes: You must file U.S. income taxes annually, even if you live or work abroad. Obey U.S. Laws: Like citizens, green card holders are expected to comply with all federal, state, and local laws. Keep Your Green Card Current: Green card holders must renew their cards every 10 years (or apply for removal of conditions if applicable). Maintain Residency: Prolonged absences from the U.S. can jeopardize your green card status. If you plan to live abroad for an extended period, it’s important to apply for a re-entry permit to protect your residency.

Conclusion

Securing a green card is a major step toward achieving your goals in the United States, including becoming a US citizen, for which we offer a separate guide here: The Becraft Guide on How to Become a US Citizen. While the process can seem daunting, understanding the eligibility requirements and following the application steps carefully can make your journey smoother. And having trained legal counsel along the way will prove invaluable and will expedite your journey to lawful permanent residency in the United States. We at the Law Office of Todd Becraft will provide expert support tailored to your specific situation. Call us today in order to get the process started: 213-388-1821.