A United States Permanent Resident Card, known informally as a green card because it is green in color, is an identification card attesting to the permanent resident status of an alien in the United States of America. Green card also refers to an immigration process of becoming a permanent resident. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.
Green cards were formerly issued by the Immigration and Naturalization Service (INS). During a re-organization process, that agency was absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after that re-organization, BCIS was renamed to U.S. Citizenship and Immigration Services (USCIS), which still retains the responsibility for issuing green cards.
An alien with a green card application can obtain two important permits while the case is pending after a certain stage is passed in green card processing (filing of I-485). The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H-1B visa.
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Most of the information on the card is self-evident.[1] The computer and human readable signature at the bottom is not. The format is (digit range: expected data (information contained)):
A full list of category codes (i.e. IR1, E21, etc.) can be found in the Federal Register.[2][3][4][5]
A Lawful Permanent Resident can apply for United States citizenship, or naturalization, after five years of residency. This period is shortened to three years if married to a U.S. citizen, or four years if permanent residency was received through asylum. Lawful Permanent Residents may submit their applications for naturalization as much as 90 days before meeting the residency requirement. Citizens are entitled to more rights (and obligations) than permanent residents (who are still classified as aliens in this respect). Lawful Permanent Residents generally do not have the right to vote, the right to be elected in federal and state elections, the ability to bring family members to the United States (permanent residents are allowed to sponsor certain family members, but this is often not practical due to long approval delays), or eligibility for federal government jobs. Male permanent residents between the ages of 18 and 26 are subject to registering in the Selective Service System. Permanent residents who reside in the US must pay taxes on their worldwide income, like U.S. citizens. Certain conditions that may put a permanent resident in deportation proceedings do not apply to U.S. citizens.
U.S. immigration legislation in the Immigration and Nationality Act (INA) stipulates that a person may obtain permanent resident status primarily through the course of the following proceedings:[6]
Category | Eligibility | Annual Quota | Immigrant Visa Backlog |
---|---|---|---|
Family-Sponsored | |||
IR | Immediate relative (spouses, minor children & parents) of U.S. citizens (A U.S. citizen must be at least 21 years of age in order to sponsor his or her parents.) |
No numerical limita | |
F1 | Unmarried sons and daughters (21 years of age or older) of U.S. citizens | 23,400 | 8–9 yearsb |
F2A | Spouses and minor children (under 21 year old) of lawful permanent residents | 87,934 | 2–3 yearsb |
F2B | Unmarried sons and daughters (21 years of age or older) of lawful permanent residents | 26,266 | 8–9 yearsb |
F3 | Married sons and daughters of U.S. citizens | 23,400 | 10 yearsb |
F4 | Brothers and sisters of adult U.S. citizens | 65,000 | 14 yearsb |
Employment-Based | |||
EB1 | Priority workers. There are three sub-groups:Foreign nationals with extraordinary ability in sciences, arts, education, business, or athletics OR Foreign nationals that are outstanding professors or researchers with at least three years' experience in teaching or research and who are recognized internationally. OR Foreign nationals that are managers and executives subject to international transfer to the United States. | 40,000 | currently available |
EB2 | Professionals holding advanced degrees (Ph.D., master's degree, or at least 5 years of progressive post-baccalaureate experience) or persons of exceptional ability in sciences, arts, or business | 40,000 | currently available except for individuals from China and India (5 years)b |
EB3 | Skilled workers, professionals, and other workers | 40,000 | 7–9 yearsb |
EB4 | Certain special immigrants—ministers, religious workers, current or former U.S. government workers, etc. | 10,000 | currently available |
EB5 | Investors | 10,000 | currently available |
Diversity Immigrant (DV) | 50,000 | ||
Political Asylum[7] | No numerical limit | ||
Refugee[7] | 70,000[8] | ||
a 300,000–500,000 immediate relatives admitted annually. b No more than 7 percent of the visas may be issued to natives of any one country. Currently, individuals from China (mainland), India, Mexico and the Philippines are subject to per-country quotas in most of the categories, and the waiting time may take longer. As of June 2009, in some categories, USCIS is still processing applications filled in 2001. See the State Department Visa Bulletins and USCIS Processing Dates for details. |
An immigrant usually has to go through a three-step process to get permanent residency. The whole process may take several years, depending on the type of immigrant category and the country of birth.
Green card holders married to non-U.S. citizens are able to legally bring their spouses and minor children to join them in the USA, but only after an extensive multi-year delay, during which time the family is separated. The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States. Due to numerical limitation on the number of these visas, the current wait time for approval is four to five years for all non-retrogressed countries (including Western Europe), and many more for the retrogressed countries. In the interim, the spouse cannot be legally present in the United States (let alone work), unless he/she secures a visa for himself/herself using some other means. However, securing such a visa is usually difficult (and nearly-impossible at US embassies in some countries). This is because the spouse has to overcome presumed immigrant intent in order to qualify for a non-immigrant (or tourist) visa, a position at odds with her or his marriage to a US permanent resident. Due to the long wait and the immigration intent issues, many green card holder opt to wait to become US citizens (usually 5 years), and only then sponsor their spouses and children (the process is much faster for US Citizens). This, however, imposes a family separation of several years, unique in the immigration laws of industrialized nations.
This puts US green card holders in a uniquely disadvantaged situation:
The issue of US green card holders separated from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the LIFE Act by the introduction of a 'V visa,' signed into law by President Clinton. It effectively expired and is no longer available. Bills HR1823 and HR4448 were proposed in the 2005–2007 U.S. Congress, but did not pass, and were as such cleared from the books at the end of 2007 Congress session. A similar bill S1085 has been proposed in the US Senate in May 2009, but has since made only little progress.
These proposals for reviving the V visa are based on something that has little controversy—family unity. However, passing such a bill into law is not a small matter, mostly because it is often perceived as a back-door to increasing immigration numbers from heavily retrogressed countries such as China, India, the Philippines and Mexico.
Many immigrants opt for this route, which requires an employer to "sponsor" (i.e. to petition before USCIS) the immigrant (known as the alien beneficiary) through a presumed future job. The three-step process outlined above is described here in more detail for employment-based immigration applications. After the process is complete, the alien is expected to take the certified job offered by the employer to substantiate his or her immigrant status, since the application ultimately rests on the alien's employment with that company in that particular position.
Each year, around 50,000 immigrant visas are made available through the Diversity Visa (DV) program, also known as the Green Card Lottery to people who were born in countries with low rates of immigration to the United States (fewer than 50,000 immigrants in the past five years). Applicants can only qualify by country of birth, not by citizenship. Anyone who is selected under this lottery will be given the opportunity to apply for permanent residence. They can also file for their spouse and any unmarried children under the age of 21.
If permanent residence is granted, the winner (and his/her family, if applicable) receives an immigrant visa in their passport(s) that has to be "activated" within six months of issuance at any port of entry to the United States. The new immigrant receives a stamp on the visa as proof of lawful admittance to the United States, and the individual is now authorized to live and work permanently in the United States. Finally, the actual "green card" typically arrives by mail within a few months.
Over 6.4 million applications for the 2008 Diversity Visa Lottery were submitted. This is an increase from the more than 5.5 million applications submitted in the 2007 Diversity Visa Lottery. Taking into account dependents, there are more than 10 million participants in the 2008 Diversity Visa Lottery. Most of the applications were from Africa and Asia: 41 percent of the total came from Africa, 38 percent from Asia, 19 percent coming from Europe, and two percent from South America, Central America, and the Caribbean. The largest number of applicants came from Bangladesh (more than 1.7 million applicants) followed by Nigeria (684,735) and Ukraine (619,584).
There is a growing number of fraudulent green card lottery scams, in which false agents take money from applicants by submitting application forms for them, usually for a fee between US$50 to US$250. Most agents are not working for the distribution service. Some claim that they can increase the chance of winning the lottery. This is not true—in fact, they may delay or not submit the application. Likewise, some claim that they provide free airline tickets to winners or other benefits, such as submissions in future years and even cash funds. There is no way to guarantee their claims, and there are ample nefarious reasons for them not to fulfill their promises. Applicants are advised to use only U.S. official government websites, whose web address finishes with GOV.
Both the Department of State and the Federal Trade Commission have issued warning statements about this type of fraud or similar business practices.[25][26]
As part of immigration reform under the Immigration Reform and Control Act of 1986 (IRCA), as well as further reform enacted in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), persons who are eligible and properly apply for permanent residence based on either a recent marriage to a U.S. citizen or as an investor are granted permanent residence on a conditional basis for two years. An exception to this rule is the case of a U.S. citizen legally sponsoring a spouse in which the marriage at the time of the adjustment of status (I-485) is more than two years old. In this case, the conditional status is waived and a 10-year Permanent Resident Card is issued upon USCIS approval of the case. A permanent resident under the conditional clause may receive an I-551 stamp as well as a Permanent Resident Card. The expiration date of the conditional period is two years from the approval date. The immigrant visa category is CR (conditional resident).
When this two-year conditional period is over, the permanent residence automatically expires and the applicant is subject to deportation and removal. To avoid this, 90 days or less before the conditional residence expires, the applicant must file form I-751 Petition to Remove Conditions on Residence[27] (if conditional permanent residence was obtained through marriage) or form I-829 Petition by Entrepreneur to Remove Conditions[28] (if conditional permanent residence was obtained through investment) with USCIS to have the conditions removed. Once the application is received, permanent residence is extended for 1-year intervals until the request to remove conditions is approved or denied. The USCIS requires that the application provide both general and specific supporting evidence that the basis on which the applicant obtained conditional permanent residence was not fraudulent. For an application based on marriage, birth certificates of children, joint financial statements, and letters from employers, friends and relatives are some types of evidence that are accepted. A follow-up interview with an immigration inspector is sometimes required but usually waived if the evidence is sufficient. This is to ensure that the marriage was in good faith and not one of fraudulent means with a sole intention of obtaining a green card. Both husband and wife must attend both interviews under most circumstances. The applicant receives an I-551 stamp in their foreign passport upon approval of their case. The applicant is then free from the conditional requirement once the application is approved. The applicant's new Permanent Resident Card arrives via mail to their residence several weeks to several months later and replaces the old two-year conditional residence card. This new card must be renewed after 10 years, however permanent resident status is now granted for an indefinite term provided that residence conditions are satisfied at all times. USCIS may request to renew the card earlier due to security enhancements of the card or as a part of a revalidation campaign to exclude counterfeit green cards from circulation.
It is important to note that this two-year conditional residence period counts towards time as a permanent resident for all purposes including naturalization. However, the application for the removal of conditions must be adjudicated before naturalization can be granted to the applicant.
A green card holder may abandon permanent residence by filing form I-407, with the green card, at a U.S. Embassy.[29]
Under certain conditions, permanent residence status can be lost involuntarily. This includes committing a criminal act that makes a person removable from the United States. A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days (without getting a re-entry permit before leaving),[30] or does not file an income tax return. Permanent resident status can also be lost if it is found that the application or grounds for obtaining permanent residence was fraudulent. The failure to renew the permanent resident card does not result in the loss of status, except in the case of conditional permanent residents as noted above.
A person who loses permanent residence status is immediately removable from the United States and must leave the country as soon as possible or face deportation and removal. In some cases the person may be banned from entering the country for three or seven years, or even permanently.
Due to the Heart Act[31] foreign workers who have owned a green card in eight of the last 15 years and choose to relinquish it will be subject to taxation on unrealized gains above $600,000. However this will only apply to those people who have a federal tax liability greater than $139,000 a year or have a worth of more than $2 million or have failed to certify to the IRS that they have been in compliance with U.S. federal tax obligations for the past five years.[32][33]
If the green card is not relinquished then the holder is subject to double taxation when living or working outside of the United States, whether or not within their home nation, although double taxation may be mitigated by foreign tax credits.