To be able to permanently reside in the United States and work for an extended period of time, you will need to get a Green Card. A Green Card is a card that indicates Permanent Residency, which allows an immigrant to legally reside within the United States permanently, as long as they keep a clean legal record and do not move outside of the United States. These Permanent Residency cards are usually valid for 10 years before you will need to renew it.
Many individuals want to receive a Green Card for the many benefits it offers. However, the forms and processes needed can be tricky. There are several paths to be able to receive a Green Card, the most common being through a family member and through an employer.
Obtain a Green Card Through a Family Member
If you have a close relative that is a U.S. citizen or permanent resident, then they may be able to petition for you to obtain permanent residency, or to receive a Green Card. The process is quickest for immediate relatives of U.S. citizens. This includes children under the age of 21, parents, and spouses. If you want to petition for your child and they are older teenagers or even 20 years old, you need to file your forms quickly; otherwise, their filing will take much longer once they turn 21.
U.S. citizens can also apply for Green Cards for their siblings and their children who are 21 and older. If you have a Green Card, you can petition for your children and spouse. These types of cases typically take much longer to process, sometimes years or even decades.
To obtain a Green Card, you and your petitioning family member must fill out a set of forms: I-485 or DS-260, I-130, and I-864.
Green Card Forms
I-485
Form I-485 is the Application to Register Permanent Residence or Adjust Status. This is the main form that the immigrant would need to submit for the application. It’s a long form that asks about family, employment, addresses, and criminal history, among other things. You can submit this form if the immigrant lives inside the U.S. and is either an immediate relative of the U.S. citizen or is currently in legal status and is able to file for a green card immediately.
To support this form, there is more documentation you need to include to verify your identity and current nationality. For example, you usually need to include copies of your passport and birth certificate. Depending on which country you’re from, you may need to include special information. For example, if you are from Taiwan or another qualifying country, you should include a House Registration Record in addition to other identification. To know the additional, supplementary documents you need to include with this form, consult with an immigration attorney.
DS-260
If you live outside of the U.S. and you want to get a Green Card while living in your country, then instead of filing an I-485 application, you will file a DS-260 form which is an immigrant visa application. The DS-260 is different than the I-485 because you must submit it at a different time in the application process. Consult with your attorney to know what you need to do if you have to wait outside the United States for your permanent residence approval.
I-130 and Supplement Forms
Form I-130 is the Petition for Alien Relative, which is one of the forms that your U.S. citizen family member will need to fill out. This form can be submitted before or at the same time as the I-485, depending on your situation. Your attorney will decide what is best for your specific circumstances. For example, if the relative who is applying for you is not an immediate relative, then you might need to submit the I-130 and receive approval before you file your other forms. Depending on who is petitioning for you, you may need to fill out an additional supplemental forms for the I-130.
The I-130 helps to prove that the immigrant and the family member are actually related and have a legitimate relationship. For parent-child relationships, a valid birth certificate is often all you need. For a spouse, documents such as a marriage certificate, a birth certificate, lease agreements, tax documents, or pictures with both the immigrant and family member together could prove helpful as supplementary documentation for this form. There may be additional documents required for stepparents, fathers who were never married to the U.S. citizen’s mother, and other situations.
I-864
In addition to the form I-130, your family member will also fill out the I-864, which is the Affidavit of Support. This document means that your U.S. citizen family member is financially responsible for you if the need arises. Your spouse will need to know their tax and income information to properly fill it out. The I-864 is typically filed at the same time as the I-485 or DS-260.
Depending on your family member’s annual income, you may need to supply additional forms or documents such as pay stubs and employment letters. If their income is not sufficient based on their household size and federal poverty guidelines, then you may need to add supplementary forms to your I-864. To learn what these financial guidelines are, visit the USCIS webpage for HHS Poverty Guidelines.
Special Circumstances
If you were born abroad and your parent is a U.S. citizen, then you may qualify to become a citizen without needing to go through the Green Card process. Speak to an immigration attorney to know if you may qualify.
Obtain a Green Card Through an Employer
To get a Green Card though employment in the United States, most people will need an employer in the U.S. willing to sponsor them.
Additionally, many (but not all) applicants are specially qualified. Being specially qualified means that you would fit into one of the following categories:
- You have extraordinary ability in science, art, business, education, or athletics
- You are an experienced and outstanding professor or professional researcher
- You are a multinational manager or executive
- You have an advanced degree who also have some exceptional ability
- You are a skilled professional or skilled worker in a specific field
Employment Sponsorship
In most instances, the employer sponsors the employee. This means that the employer will pay for most of the government filing fees and any associated attorney fees if they choose to hire an attorney.
If you feel like you have one of the necessary qualifications listed previously but you aren’t currently employed by a U.S. employer, then you need to find someone who is willing to hire you and to pay for the associated sponsorship fees.
Other Methods To Get a Green Card
In addition to family or employer sponsorship, there are other less common paths that can lead to getting a Green Card which could include:
- You are a under refugee or asylee status
- You are a qualified religious worker
- You are a victim of human trafficking, abuse, or other crimes
- You are a qualified investor in American business
- You win the diversity visa lottery
If you feel like you may fit into one of these categories, then consult with an attorney to see what your options may be.
Maintaining Your Permanent Resident status
There are some critical steps you must consider even after you obtain your Green Card. You can lose your legal status if you do not comply with the rules associated with your visa.
Some ways that you can lose your Green Card could include:
- Staying outside of the U.S. for an extended period of time
- Receiving criminal convictions
- Committing fraud or willfully misrepresenting information in your forms
- Failing to go through the Removal of Conditions process if you receive a 2-year Green Card instead of a 10-year Green Card (to learn more about Removal of Conditions, read our article What is Removal of Conditions?)
Paths After You Get a Green Card
Once you have your Green Card you need to continue to live in the U.S., except in limited circumstances. Additionally, you need to renew your Green Card before it expires if you want to continue to reside in the United States.
If you want to become a U.S. citizen, then you must have your Green Card for at least five years before you can naturalize. If you are married to a U.S. citizen, then you only need to wait three years. To find out more about becoming a U.S. citizen, read our article about How to become a U.S. citizen.
Law Office of Timothy Jones
If you feel like you may qualify to apply for a Green Card, then consult with a good immigration attorney to know what your best options are and learn about the Green Card application process.
Attorney Tim Jones is an immigration attorney with over a decade of experience in handling immigration matters. This means that he knows how to handle unique and special situations because his only practice area is immigration law.
The team at the Law Office of Timothy Jones can answer your questions and set up a consultation so you can be at ease regarding the tricky forms and documents you, your family, or your employer may need to fill out. Contact us today to see how we can help you!
