A green card, known officially as a permanent resident card, is an
identity document
An identity document (also called ID or colloquially as papers) is any documentation, document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID c ...
which shows that a person has
permanent residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
in the United States.
[ ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing ]permanently
''Permanently'' is the third studio album by American country music singer Mark Wills. Released in 2000 on Mercury Nashville Records, the album produced three singles on the ''Billboard'' Hot Country Singles & Tracks (now Country Songs) charts: ...
in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become
United States citizens
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
. Approximately 65,000 of them serve in the
U.S. Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
.
Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a
preponderance of the evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
that they, among other things, have continuously resided in the United States for one to five years and are persons of
good moral character
Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society.
In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluatin ...
.
[''Al-Sharif v. United States Citizenship and Immigration Services'']
734 F.3d 207
(3d Cir. 2013) (en banc) (holding that an LPR convicted of an aggravated felony cannot obtain U.S. citizenship); see also ''Mobin v. Taylor''
598 F.Supp.2d 777
( E.D. Va. 2009) (same). Those who are younger than 18 years old automatically derive U.S. citizenship if they have at least one U.S. citizen parent.[''Khalid v. Sessions'']
904 F.3d 129
, 131 (2d Cir. 2018) (case involving a U.S. citizen in removal proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an ...
)
The card is known as a "green card" because of its historical greenish color. It was formerly called a "certificate of alien registration" or an "alien registration receipt card".[''Campos v. United States'']
888 F.3d 724
, 732 ( 5th Cir. 2018). Absent exceptional circumstances
Exceptional circumstances are the conditions required to grant additional powers to a government agency or government leader so as to alleviate, or mitigate, unforeseen or unconventional hardship. The term is commonly used in Australia, where it h ...
, immigrants who are 18 years of age or older could spend up to 30 days in jail for not carrying their green cards.
Green card applications
Application may refer to:
Mathematics and computing
* Application software, computer software designed to help the user to perform specific tasks
** Application layer, an abstraction layer that specifies protocols and interface methods used in a c ...
are decided by the United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS), but in some cases an immigration judge An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice who confers U.S. citizenship or nationality upon lawful permanent residents who are statutorily entitled to such benefits. ...
or a member of the Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and cert ...
(BIA), acting on behalf of the U.S. Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
, may grant permanent residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
in the course of removal proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an ...
. Any authorized federal judge may do the same by signing and issuing an injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
. Immigrant workers who would like to obtain a green card can apply using form I-140.
An LPR could become "removable" from the United States after suffering a criminal conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...
,[ ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also ''Galindo v. Sessions'']
897 F.3d 894
, 897 ( 7th Cir. 2018); ''Tima v. Att'y Gen.''
903 F.3d 272
, 277 (3d Cir. 2018) ("Section 1227 defines ' portable aliens,' a synonym
A synonym is a word, morpheme, or phrase that means exactly or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words ''begin'', ''start'', ''commence'', and ''initiate'' are all ...
for removable aliens.... So § 1227(a)(1) piggybacks on § 1182(a) by treating grounds of inadmissibility as grounds for removal as well."). especially if it involved a particularly serious crime Particularly serious crime in the Immigration and Nationality Act (INA) of the United States is a predecessor of the current aggravated felony.''Diego v. Sessions''857 F.3d 1005 1015-16 ( 9th Cir. 2017). The term "particularly serious crime" was co ...
or an aggravated felony
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance ...
"for which the term of imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
was completed within the previous 15 years."[ ("The term ggravated felonyapplies to an offense described in this paragraph ... and applies to such an offense ... for which the term of imprisonment was completed within the previous 15 years."); ''Matter of Vasquez-Muniz'']
23 I&N Dec. 207
, 211 (BIA 2002) (en banc) ("This penultimate sentence, governing the enumeration of crimes in section 101(a)(43) of the Act, refers the reader to ''all'' of the crimes 'described in' the aggravated felony provision."); ''Luna Torres v. Lynch
''Luna Torres v. Lynch'', 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court decided the interpretation of section 1101(a)(43) of the federal Immigration and Nationality Act (INA), which includes "aggravated felony" as ...
'', 578 U.S. ___, ___
136 S.Ct. 1623
, 1627 (2016) ("The whole point of § 1101(a)(43)'s penultimate sentence is to make clear that a listed offense should lead to swift removal, no matter whether it violates federal, state, or foreign law."); see also (t) ("The term aggravated felony means a crime (or a conspiracy or attempt to commit a crime) described in section 101(a)(43) of the Act. This definition is applicable to any proceeding, application, custody determination, or adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the ...
pending on or after September 30, 1996, but shall apply under section 276(b) of the Act only to violations of section 276(a) of the Act occurring on or after that date.") (emphasis added).
History
The Immigration and Naturalization Service
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003.
Referred to by some as former INS and by others as legacy INS, ...
was formed as part of the Department of Labor in 1933, and in 1940 was moved under the Department of Justice along with the Nationality Act of 1940
The Nationality Act of 1940 (H.R. 9980; Pub.L. 76-853; 54 Stat. 1137) revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October ...
. During the 1940s the predecessor to the "Permanent Resident" card was the "Alien Registration Receipt Card" which on the back would indicate "Perm.Res" in accordance with the Immigration Act of 1924
The Immigration Act of 1924, or Johnson–Reed Act, including the Asian Exclusion Act and National Origins Act (), was a United States federal law that prevented immigration from Asia and set quotas on the number of immigrants from the Eastern ...
.
The INA, which was enacted by the U.S. Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
in 1952, states that " e term 'alien
Alien primarily refers to:
* Alien (law), a person in a country who is not a national of that country
** Enemy alien, the above in times of war
* Extraterrestrial life, life which does not originate from Earth
** Specifically, intelligent extrater ...
' means any person not a citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
or national of the United States
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
."
Illegal Immigration Reform and Immigrant Responsibility Act
On September 30, 1996, President Clinton signed into law the Illegal Immigration Reform and Immigrant Responsibility Act
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA or IIRAIRA), Division C of , made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997.
Former United Stat ...
(IIRIRA).[''Othi v. Holde]
734 F.3d 259
, 264-65 (4th Cir.
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
* District of Maryla ...
2013) ("In 1996, Congress 'made major changes to immigration law' via IIRIRA
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA or IIRAIRA), Division C of , made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997.
Former United State ...
.... These IIRIRA changes became effective on April 1, 1997.").
An LPR can file an application for naturalization after five years of continuous residency in the United States.[ ("Requirements of naturalization"); see also ;
*
*] This period may be shortened to three years if married to a U.S. citizen or one year during service with the U.S. armed forces. An LPR may submit their applications for naturalization as early as 90 days before meeting the residency requirement. In addition to continuous residency, the applicants must demonstrate good moral character
Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society.
In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluatin ...
, pass both an English test and a civics test, and demonstrate attachment to the U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. In the summer of 2018, a new program was initiated to help LPRs prepare themselves for naturalization.
Like U.S. citizens, LPRs can sponsor certain family members to immigrate to the United States, but the number of family members of LPRs who can immigrate is limited by an annual cap, and there is a years-long backlog.
2019 "public charge" restrictions on awarding Green cards
On August 12, 2019, U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS) formally announced a new rule restricting poorer immigrants from attaining LPR status. Under the rule, which was slated to take effect on October 15, 2019, legal immigrants who have received public benefits such as Supplemental Security Income
Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social Se ...
, Temporary Assistance for Needy Families
Temporary Assistance for Needy Families (TANF ) is a federal assistance program of the United States. It began on July 1, 1997, and succeeded the Aid to Families with Dependent Children (AFDC) program, providing cash assistance to indigent Ame ...
, the Supplemental Nutrition Assistance Program
In the United States, the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, is a federal program that provides food-purchasing assistance for low- and no-income people. It is a federal aid program, ad ...
, Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
, and public housing assistance for more than a total of twelve months may be classified as a "public charge" ineligible for permanent residency. Immigration official may investigate the health, income, wealth, education, and family of applicants for permanent residency to predict whether they will become a public charge in the future. The term "public charge" appears in the Immigration and Nationality Act, but is not defined by the law. Refugees, asylum seekers, pregnant women, children, and family members of those serving in the Armed Forces are excluded from the restrictions. The Trump administration estimated that 58% of households headed by non-citizens use a public welfare program and half use Medicaid. The Migration Policy Institute estimated that half of all Green Card applicants would be excluded by the rule.
Kenneth T. Cuccinelli II, the former acting director of USCIS, stated the policy will "have the long-term benefit of protecting taxpayers by ensuring people who are immigrating to this country don’t become public burdens, that they can stand on their own two feet, as immigrants in years past have done." The National Immigration Law Center stated that the rule "will have a dire humanitarian impact, forcing some families to forgo critical lifesaving health care and nutrition. The damage will be felt for decades to come." The law center announced it would sue to prevent the policy from taking effect.
During his campaign for President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
, Joe Biden criticized the Public Charge rule and pledged to revoke it. On February 2, 2021, President Biden signed an executive order that the U.S. Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
review the policy, amongst others.
Types of immigration
A foreign national may obtain permanent residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
in the United States primarily through the following:
*Sponsorship by a family member
*Special employment
*Major investment (minimum $900,000)
* Diversity Lottery
*Referred by the UNHCR
The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...
as a refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution. (or request asylum in the United States
The United States recognizes the right of asylum for refugees as specified by international and federal law. A specified number of legally defined refugees who are granted ''refugee status'' outside the United States are annually admitted un ...
).
*Registry provision (undocumented).
Immigration eligibility and quotas
Application process
Applications for permanent resident cards (green cards) were decided by the Immigration and Naturalization Service
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003.
Referred to by some as former INS and by others as legacy INS, ...
(INS) until 2003 when the INS was abolished and replaced by the current Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
(DHS). The whole process may take several years, depending on the type of immigrant category and the country of chargeability The foreign state of chargeability is a United States immigration concept – it is the country determined to be the applicant's origin. In general, the applicant's country of birth will determine their country of chargeability. For certain applica ...
. An immigrant usually has to go through a three-step process to get permanent residency:
#Immigrant petition (Form I-140
Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case wh ...
or Form I-130
Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services (or, in the rare case of Direct Consular Filing, to a US consulate or embassy abroad) by a United States citizen or Lawful Perm ...
) – in the first step, USCIS approves the immigrant petition by a qualifying relative, an employer, or in rare cases, such as with an investor visa, the applicant themself. If a sibling is applying, they must have the same parents as the applicant.
#Immigrant visa availability – in the second step, unless the applicant is an "immediate relative", an immigrant visa number through the National Visa Center (NVC) of the United States Department of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
(DOS) must be available. A visa number might not be immediately available even if the USCIS approves the petition, because the number of immigrant visa numbers is limited every year by quotas set in the Immigration and Nationality Act (INA). There are also certain additional limitations by country of chargeability The foreign state of chargeability is a United States immigration concept – it is the country determined to be the applicant's origin. In general, the applicant's country of birth will determine their country of chargeability. For certain applica ...
. Thus, most immigrants will be placed on lengthy waiting lists. Those immigrants who are immediate relatives of a U.S. citizen (spouses and children under 21 years of age, and parents of a U.S. citizen who is 21 years of age or older) are not subject to these quotas and may proceed to the next step immediately, since they qualify for the IR immigrant category.
#Immigrant visa adjudication – in the third step, when an immigrant visa number becomes available, the applicant must either apply with USCIS to adjust their current status to permanent resident status or apply with the DOS for an immigrant visa at the nearest U.S. consulate before being allowed to come to the United States.
#*Adjustment of status
Adjustment may refer to:
*Adjustment (law), with several meanings
*Adjustment (psychology), the process of balancing conflicting needs
*Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations
*Calibra ...
(AOS) – Adjustment of status is for when the immigrant is in the United States and entered the U.S. legally. Except for immediate relatives of U.S. citizens, the immigrant must also be in legal status at the time of applying for adjustment of status. For immediate relatives and other relative categories whose visa numbers are current, adjustment of status can be filed for at the same time with the petition (step 1 above). Adjustment of status is submitted to USCIS via form I-485
Form is the shape, visual appearance, or configuration of an object. In a wider sense, the form is the way something happens.
Form also refers to:
*Form (document), a document (printed or electronic) with spaces in which to write or enter data
* ...
, ''Application to Register Permanent Residence or Adjust Status''. The USCIS conducts a series of background checks, including fingerprinting for FBI criminal background check and name checks, and makes a decision on the application. Once the adjustment of status application is accepted, the alien is allowed to stay in the United States even if the original period of authorized stay on the Form I-94 Form I-94, the Arrival-Departure Record Card, is a form used by U.S. Customs and Border Protection (CBP) intended to keep track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permane ...
is expired, but they are generally not allowed to leave the country until the application is approved, or the application will be abandoned. If the alien has to leave the United States during this time, they can apply for travel documents at the USCIS with form I-131, also called ''Advance parole''. If there is a potential risk that the applicant's work permit (visa) will expire or become invalid, such as when employees are laid off by the employer and visa sponsor, or the applicant wants to start working in the United States, while they are waiting for the decision about their application to change status, they can file form I-765, to get '' Employment Authorization Documents'' (also called ''EAD'') and be able to continue or start working legally in the United States. In some cases, the applicant will be interviewed at a USCIS office, especially if it is a marriage-based adjustment from a K-1 visa A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the ...
, in which case both spouses (the US citizen and the applicant) will be interviewed by the USCIS. If the application is approved, the alien becomes an LPR, and the actual green card is mailed to the alien's last known mailing address.
#*Consular processing – This is the process if the immigrant is outside the United States, or is ineligible for AOS. It still requires the immigrant visa petition to be first completed and approved. The applicant may make an appointment at the U.S. embassy or consulate in their home country, where a consular officer adjudicates the case. If the case is approved, an immigrant visa is issued by the U.S. embassy or consulate. The visa entitles the holder to travel to the United States as an immigrant. At the port of entry, the immigrant visa holder immediately becomes a permanent resident, and is processed for a permanent resident card and receives an I-551 stamp in their passport. The permanent resident card is mailed to their U.S. address within 120 days.
An applicant in the United States can obtain two 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
A Form I-766 employment authorization document (EAD or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to nonciti ...
(EAD), which allows the alien to take employment in the United States.
* The second is a temporary travel document, advance parole
Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission ...
, 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
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of ...
.
Application process for family-sponsored visa for both parents and for children
U.S. citizens may sponsor for permanent residence in the United States the following relatives:
#Spouses, and unmarried children under the age of 21;
#Parents (once the U.S. citizen is at least 21 years old);
#Unmarried children over the age of 21 (called "sons and daughters");
#Married sons and daughters;
#Brothers and sisters (once the U.S. citizen is at least 21 years old).
U.S. permanent residents may sponsor for permanent residence in the United States the following relatives:
#Spouses, and unmarried children under the age of 21;
#Unmarried children over the age of 21 (called "sons and daughters");
The Department of State's "Visa Bulletin," issued every month, gives the priority date for those petition beneficiaries currently entitled to apply for immigrant status through immigrant visas or adjustment of status. There is no annual quota for the spouses, unmarried children, and parents of U.S. citizens, so there is no waiting period for these applicants—just the required processing time. However, all other family-based categories have significant backlogs, even with a U.S. citizen petitioner.
Regardless of whether the family member being sponsored is located in the United States (and therefore likely to be applying for adjustment of status) or outside the United States (in which case the immigrant visa is the likely option), the process begins with the filing of an I-130 Petition for Alien Relative. The form and instructions can be found on the U.S. Citizenship and Immigration Services website. Required later in the process will be additional biographic data regarding the beneficiary (the person being sponsored) and a medical examination. Additional documents, such as police certificates, may be required depending on whether immigrant visa (consular processing) or adjustment of status is being utilized. All petitioners must supply the I-864 Affidavit of Support.
Application process for undocumented immigrants through registry provision
Moreover, applicants who are in the United States unlawfully may be eligible to receive a green card under a sole exception. For an undocumented immigrant to be granted permanent residency they must abide by the registry date and eligibility criteria. The registry provision date was first developed in 1929 with the intention to aid in the growing number of undocumented immigrants. Essentially, only immigrants who entered the United States before a certain date (registry date) qualify to receive a green card. Other parameters include continued stay since entering the country and good moral character. After being created in 1929, congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
advanced the registry date a total of four times. First set to only grant residency to individuals who entered the country before or on June 3 1921, the date was then moved to July 1 1924, further to July 1 1940, once more to June 30 1948 and finally January 1 1972. The last advancement date comprised the Immigration Reform and Control Act (IRCA) along with other regularization provisions which included penalizing institutions that knowingly employed undocumented non-citizens. This was done through a set of congressional amendments that culminated in 1958 Act, where the requirement for non-citizens to be eligible only if they are not subject to deportation was removed. Since then the registry date has not been advanced despite the number of immigrants increasing by 10 million and a total of 385 individuals have been granted a green card since the last registry update in 1986. Currently the provision date only excludes non-citizens that are inadmissible to the United States on criminal or national-security grounds. The updated and current eligibility requirements for registry are as follows:
* You entered the United States prior to Jan. 1, 1972
* You have resided in the United States continuously since you entered
* You are a person of good moral character
* You are not ineligible for naturalization (citizenship)
* You are not removable (deportable) under Section 237(a)(4)(B) the Immigration and Nationality Act (INA). You are not inadmissible under Section 212(a)(3)(E) of the INA or as a criminal, procurer, other immoral person, subversive, violator of the narcotics laws or noncitizen smuggler
Green-card holders and families
Green-card holders married to non-U.S. citizens are able to legally bring their spouses and minor children to join them in the US, but must wait for their priority date to become current. 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 wait time for approval may be months or years. In the interim, the spouse cannot be legally present in the United States, unless they secure a visa by some other means. Green-card holders may opt to wait to become U.S. citizens, and only then sponsor their spouses and children, as the process is much faster for U.S. citizens. However, many green-card holders can choose to apply for the spouse or children and update their application after becoming a U.S. citizen.
U.S. green-card holders have experienced separation from their families, sometimes for years. A mechanism to unite families of green-card holders was created by the LIFE Act by the introduction of a "V visa
The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and ...
", signed into law by President Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
. The law expired on December 31, 2000, and V visas are no longer available. Several bills have been introduced in Congress to reinstate V visas, but so far none have been successful.
Improving the application process in obtaining a green card
The most common challenges that USCIS faces in providing services in the green card process are: (1) the length of the application and approval process, and (2) the quotas of green cards granted. USCIS tries to shorten the time qualified applicants wait to receive permanent residence.
=Challenges with processing time of application
=
Under the current system, immediate family members (spouse, child, and dependent mother and father), have priority status for green cards and generally wait 6 months to a year to have their green card application approved. For non-immediate family members, the process may take up to 10 years. Paperwork is processed on a first-come, first-served basis, so new applications may go untouched for several months. To address the issue of slow processing times, USCIS has made a policy allowing applicants to submit the I-130 and I-485 forms at the same time. This has reduced the processing time. Another delay in the process comes when applications have mistakes. In these cases papers are sent back to the applicant, further delaying the process. Currently the largest cause of long wait times is not processing time, but rather immigrant visa quotas set by Congress.
=Quota system challenges
=
Because of numerical quotas in many immigration categories, long wait times often prevent immigrants from receiving immigrant visas in a short time frame. The ''Augusta Chronicle'' in 2006 stated that an estimated two million people are on waiting lists in anticipation to become legal and permanent residents of the United States. Immigrants need visas to get off of these waiting lists, and Congress would need to change immigration law in order to accommodate them with legal status.
The number of green cards that can be granted to family-based applicants depends on what preference category they fall under. An unlimited number of immediate relatives can receive green cards because there is no quota for that category. Family members who fall under the other various preference categories have fixed quotas; however, the number of visas issued from each category may vary because unused visas from one category may roll over into another category.
Application process for employment-based visa
Many immigrants opt for this route, which typically requires an employer to "sponsor" (i.e., to petition before USCIS) the immigrant (known as the ''alien beneficiary'') through a presumed future job (in some special categories, the applicant may apply on their behalf without a sponsor). 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 their immigrant status, since the application ultimately rests on the alien's employment with that company in that particular position.
#Immigrant petition – the first step includes the pre-requisite labor certification Labor certification (not to be confused with the Labor Condition Application, LCA) is an immigration process step in the United States of America. Its stated goal is to " protect U.S. workers and the U.S. labor market by ensuring that foreign worke ...
upon which the actual petition will reside.
#*Labor certification – the employer must legally prove that it has a need to hire an alien for a specific position and that there is no minimally qualified U.S. citizen or LPR available to fill that position, hence the reason for hiring the alien. Some of the requirements to prove this situation include: proof of advertising for the specific position; skill requirements particular to the job; verification of the prevailing wage for a position; and the employer's ability to pay. This is currently done through an electronic system known as PERM
Perm or PERM may refer to:
Places
*Perm, Russia, a city in Russia
** Permsky District, the district
**Perm Krai, a federal subject of Russia since 2005
**Perm Oblast, a former federal subject of Russia 1938–2005
**Perm Governorate, an administra ...
. The date when the labor certification application is filed becomes the applicant's ''priority date
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration ...
''. In some cases, for highly skilled foreign nationals (EB1 and EB2 ''National Interest Waiver'', e.g. researchers, athletes, artists or business executives) and "Schedule A" labor (nurses and physical therapists), this step is waived. This step is processed by the United States Department of Labor
The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemploym ...
(DOL). The labor certification is valid for 6 months from the time it is approved.
#*Immigrant petition – the employer applies on the alien's behalf to obtain a visa number. The application is form I-140, ''Immigrant Petition for Alien Worker'', and it is processed by the USCIS. There are several EB (''employment-based'') immigrant categories (i.e., EB1-EA, EB2-NIW, EB5) under which the alien may apply, with progressively stricter requirements, but often shorter waiting times. Many of the applications are processed under the EB3 category. Currently, this process takes up to 6 months. Many of the EB categories allow expedited processing of this stage, known as "premium processing".
#Immigrant visa availability. When the immigrant petition is approved by the USCIS, the petition is forwarded to the NVC for visa allocation. Currently this step centers around the priority date
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration ...
concept.
#*Priority date – the visa becomes available when the applicant's ''priority date
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration ...
'' is earlier than the ''cutoff date'' announced on the DOS's Visa Bulletin or when the immigrant visa category the applicant is assigned to is announced as "current". A "current" designation indicates that visa numbers are available to all applicants in the corresponding immigrant category. Petitions with priority dates earlier than the cutoff date are expected to have visas available, therefore those applicants are eligible for final adjudication. When the NVC determines that a visa number could be available for a particular immigrant petition, a visa is tentatively allocated to the applicant. The NVC will send a letter stating that the applicant may be eligible for adjustment of status, and requiring the applicant to choose either to adjust status with the USCIS directly, or apply at the U.S. consulate abroad. This waiting process determines when the applicant can expect the immigration case to be adjudicated. Due to quotas imposed on EB visa categories, there are more approved immigrant petitions than visas available under INA. High demand for visas has created a backlog of approved but unadjudicated cases. In addition, due to processing inefficiencies throughout DOS and USCIS systems, not all visas available under the quota system in a given year were allocated to applicants by the DOS. Since there is no quota carry-over to the next fiscal year, for several years visa quotas have not been fully used, thus adding to the visa backlog.
#Immigrant visa adjudication. When the NVC determines that an immigrant visa is available, the case can be adjudicated. If the alien is already in the US, that alien has a choice to finalize the green card process via adjustment of status in the U.S., or via consular processing abroad. If the alien is outside of the United States they can only apply for an immigrant visa at the U.S. consulate. The USCIS does not allow an alien to pursue consular processing and AOS simultaneously. Prior to filing the form I-485 (Adjustment of Status) it is required that the applicant have a ''medical examination'' performed by a USCIS-approved civil surgeon. The examination includes a blood test and specific immunizations, unless the applicant provides proof that the required immunizations were already done elsewhere. The civil surgeon hands the applicant a sealed envelope containing a completed form I-693, which must be included unopened with the I-485 application. The USCIS website also states that the February 25, 2010 edition of the Form I-693 reflects that an individual should no longer be tested for HIV infection.
#*Adjustment of status (AOS) – after the alien has a labor certification and has been provisionally allocated a visa number, the final step is to change their status to permanent residency. Adjustment of status
Adjustment may refer to:
*Adjustment (law), with several meanings
*Adjustment (psychology), the process of balancing conflicting needs
*Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations
*Calibra ...
is submitted to USCIS via form I-485, ''Application to Register Permanent Residence or Adjust Status''. If an immigrant visa number is available, the USCIS will allow ''"concurrent filing"'': it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140.
#*Consular processing – this is an alternative to AOS, but still requires the immigrant visa petition to be completed. Prior to 2005, this process was somewhat faster than applying for AOS, so was sometimes used to circumvent long backlogs (of over two years in some cases). However, due to recent efficiency improvements by the USCIS, it is not clear whether applying via consular processing is faster than the regular AOS process. Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.
Green card lottery
Each year, around 50,000 immigrant visas are made available through the Diversity Visa (DV) program, also known as the Green Card Lottery
The Diversity Immigrant Visa program, also known as the green card lottery, is a United States government lottery program for receiving a United States Permanent Resident Card. The Immigration Act of 1990 established the current and permanent ...
to people who were born in countries with low rates of immigration to the United States
Immigration has been a major source of population growth and Culture of the United States, cultural change throughout much of the history of the United States. In absolute numbers, the United States has a larger immigrant population than a ...
(fewer than 50,000 immigrants in the past five years). Applicants can only qualify by country of chargeability The foreign state of chargeability is a United States immigration concept – it is the country determined to be the applicant's origin. In general, the applicant's country of birth will determine their country of chargeability. For certain applica ...
, 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 their 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. If already in the U.S. adjustment of status may be pursued. 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.
Crime: green card lottery scam
There is a growing number of fraudulent green card lottery scams
A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers have de ...
, in which false agents take money from applicants by promising to submit application forms for them. Most agents are not working for the distribution service. Some claim that they can increase the chance of winning the lottery, when in fact, they may delay or not submit the application. Likewise, some claim to provide to winners free airline tickets or other benefits, such as submissions in future years or cash funds. There is no way to guarantee their claims, and there are numerous nefarious reasons for them not to fulfill their promises. Applicants are advised to use only official U.S. government websites, in which the URL ends in .gov
The domain name gov is a sponsored top-level domain (sTLD) in the Domain Name System of the Internet. The name is derived from the word ''government'', indicating its restricted use by government entities. The TLD is administered by the Cyber ...
.
Green card lottery e-mail fraud
Other fraud perpetrators will e-mail potential victims posing as State Department or other government officials with requests to wire or transfer money online as part of a "processing fee." These fraudulent e-mails are designed to steal money from unsuspecting victims. The senders often use illegitimate e-mail addresses and logos designed to make them look more like official government correspondence. One easy way to tell that an email address is fraudulent is that it does not end with ".gov". One particularly common fraud email asks potential victims to wire money via Western Union
The Western Union Company is an American multinational financial services company, headquartered in Denver, Colorado.
Founded in 1851 as the New York and Mississippi Valley Printing Telegraph Company in Rochester, New York, the company chang ...
to an individual (the name varies) at the following address in the United Kingdom: 24 Grosvenor Square, London. These emails come from a variety of email addresses designed to impersonate the U.S. State Department. The USCIS blog has published information on this email scam and how to report fraudulent emails to the authorities. The U.S. government has issued warnings about this type of fraud or similar business practices.
Registry
The "registry" is a provision of the INA which allows an alien who has previously entered the United States illegally to obtain legal permanent residence simply on the basis of having de facto resided in the country over a very long time. To avail themself of the benefit of this provision, the alien has to prove that they have continuously resided since before the stipulated "registry date". The concept of "registry" was first added to the INA in 1929, with the registry date set to June 3, 1921. Since then, the registry date has been adjusted several times, being set to July 1, 1924; June 28, 1940; and June 30, 1948. The most recent adjustment to the registry date came with the Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
The Immigration Reform and Control Act altered U.S ...
, when it was set to January 1, 1972.[ ] A number of bills have been introduced in Congress since then to further alter the registry date, but they have not been passed.[
]
Inadmissibility Based on Political Affiliation
On October 2, 2020, the USCIS declared the inadmissibility based on belonging or affiliation to Communist parties
A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of ''The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engels. A ...
or any, unspecified, "totalitarian party". Membership or affiliation with such parties, whether US or foreign, would be incompatible with the oath of allegiance to the naturalization of the United States of America, which includes a commitment to "support and defend the Constitution and laws of the United States". Exceptions to the inadmissibility rule include circumstances where membership is: "Involuntary; Solely when under 16 years of age; By operation of law; or For purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes." The ban would affect current members of Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
and Communist Youth League of China
The Communist Youth League of China (CYLC), also known as the Young Communist League of China or simply the Communist Youth League (CYL), is a youth movement of the People's Republic of China for youth between the ages of 14 and 28, run by the ...
, for example.
Rights and responsibilities of a lawful permanent resident
Lawful permanent residents, also known as green card holders, have certain rights and responsibilities as highlighted by the United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
and other federal agencies.
LPRs can secure many types of jobs just like U.S. citizens can. LPRs can register property under their names and live anywhere within the United States. They can similarly operate any type of business in the United States.
LPRs are also subject to similar obligations as U.S. citizens. For example, male LPRs between the ages of 18 and 25 are subject to registering in the Selective Service System
The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, United States government that maintains information on U.S. Citizenship of the Unite ...
. Like U.S. citizens, LPRs must pay taxes
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or ...
on their worldwide income (this includes filing annual U.S. income tax returns). LPRs are not permitted to vote in federal elections and they cannot be elected to federal office. They may vote in certain local elections, and hold local and state offices (subject to state/city law and Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
).
Rights
* Reside permanently in the United States provided they do not commit actions that would make them removable under the INA.[
* Join and serve in the ]United States Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
, including in many law enforcement agencies
A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws.
Jurisdiction
LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction.
LEA ...
.
* Work anywhere in the United States (with the exception of many federal jobs and some companies under contract by the federal government).
* Be protected equally by the law of the United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
, their State of residence, and local jurisdictions.
* Travel freely outside the United States for up to one year as a tourist.
* Petition for (or sponsor) certain family members to immigrate to the United States as lawful permanent residents. Such family members include spouse and unmarried children of any age.
Responsibilities
* Required to obey all laws of the United States, including state laws, and localities.
* Required to file income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
returns and report income to the U.S. Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
(IRS) and state taxing authorities.
* Register with the Selective Service System
The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, United States government that maintains information on U.S. Citizenship of the Unite ...
(if male and aged 18 through 25).
Conditional permanent residents
As part of immigration reform under the Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
The Immigration Reform and Control Act altered U.S ...
(IRCA), as well as further reform enacted in the (IIRIRA), eligible persons who properly apply for permanent residency based on either a recent marriage to a U.S. citizen or as an investor are granted such privilege only 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 after the USCIS approves 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 unless, up to 90 days before the conditional residence expires, the applicant files form I-751 ''Petition to Remove Conditions on Residence'' (if conditional permanent residence was obtained through marriage) or form I-829 ''Petition by Entrepreneur to Remove Conditions'' (if conditional permanent residence was obtained through investment) with USCIS to have the conditions removed. Once the application is received, permanent residence is extended in 1-year intervals until the request to remove conditions is approved or denied. For conditional permanent residence obtained through marriage, both spouses must sign the form I-751; if the spouses are divorced, it is possible to get a waiver of the other spouse's signing requirement, if it can be proved that the marriage was bona fide.
The USCIS requires that the application for the removal of conditions 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 may be accepted. That is to ensure that the marriage was in good faith and not a fraudulent marriage of convenience
A marriage of convenience is a marriage contracted for reasons other than that of love and commitment. Instead, such a marriage is entered into for personal gain, or some other sort of strategic purpose, such as a political marriage. There are ...
with a sole intention of obtaining a green card. A follow-up interview with an immigration officer is sometimes required but may be waived if the submitted evidence is sufficient. Both the spouses must usually attend the interview.
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 house several weeks to several months later and replaces the old two-year conditional residence card. The new card must be renewed after 10 years, but permanent resident status is now granted for an indefinite term if residence conditions are satisfied at all times. The USCIS may request to renew the card earlier because of security enhancements of the card or as a part of a revalidation campaign to exclude counterfeit green cards from circulation.
The two-year conditional residence period counts toward satisfying a residency requirement for U.S. naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
, and other purposes. Application for the removal of conditions must be adjudicated before a separate naturalization application could be reviewed by the USCIS on its own merits.
Differences between permanent residents and conditional permanent residents
Conditional permanent residents have all of the equal "rights, privileges, responsibilities and duties which apply to all other lawful permanent residents." The only difference is the requirement to satisfy the conditions (such as showing marriage status or satisfying entrepreneur requirements) before the two-year period ends.
Abandonment or loss of permanent residence status
A green-card holder may abandon permanent residence by filing form I-407, with the green card, at a U.S. Embassy.
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 they move to another country to live there permanently, stay outside the US for more than 365 days (without getting a re-entry permit A re-entry permit is required by some countries, for their citizens or tourists who leave the country for an extended period of time. For example, the United States issues a re-entry permit to a resident alien who plans to travel abroad for an exte ...
before leaving), or fail to file an income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
return on their worldwide income. 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. Nevertheless, it is still a good idea to renew the green card on time because it also acts as a work permit and travel permit (advance parole
Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission ...
), but if the green card is renewed late, there is no penalty or extra fee to pay.
A person who loses permanent residence status is immediately removable from the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
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
''Permanently'' is the third studio album by American country music singer Mark Wills. Released in 2000 on Mercury Nashville Records, the album produced three singles on the ''Billboard'' Hot Country Singles & Tracks (now Country Songs) charts: ...
.
Tax costs of green card relinquishment
Due to the Heart Act
foreign workers who have owned a green card in eight of the last 15 years and choose to relinquish it will be subject to the expatriation tax
An expatriation tax or emigration tax is a tax on persons who cease to be tax resident in a country. This often takes the form of a capital gains tax against unrealised gain attributable to the period in which the taxpayer was a tax resident of t ...
, which taxes unrealized gains above $600,000, anywhere in the world. 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.
If the green card is not relinquished, then the holder is subject to double taxation
Double taxation is the levying of tax by two or more jurisdictions on the same income (in the case of income taxes), asset (in the case of capital taxes), or financial transaction (in the case of sales taxes).
Double liability may be mitigated i ...
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 credit
A foreign tax credit (FTC) is generally offered by income tax systems that tax residents on worldwide income, to mitigate the potential for double taxation. The credit may also be granted in those systems taxing residents on income that may have be ...
s.
Reading a permanent resident card
While most of the information on the card is self-evident, the computer- and human-readable signature at the bottom is not. The format follows the machine-readable travel document
A machine-readable passport (MRP) is a machine-readable travel document (MRTD) with the data on the identity page encoded in optical character recognition format. Many countries began to issue machine-readable travel documents in the 1980s.
Mos ...
TD1 format:
* First line:
:1–2: C1 or C2. C1 = resident within the United States, C2 = permanent resident commuter (living in Canada or Mexico)
:3–5: USA (issuing country, United States)
:6–14: 9-digit number (A#, alien number)
:15: check digit over digits 6–14
:16–30: 13-character USCIS receipt number, padded with "<" as a filler character
* Second line:
:1–6: birth date (in YYMMDD format)
:7: check digit over digits 1–6
:8: gender
:9–14: expiration date (in YYMMDD format)
:15: check digit over digits 9–14
:16–29: country of birth
:30: cumulative check digit (over digits 6–30 (upper line), 1–7, 9–15, 19–29 (lower line))
* Third line:
:surname, given name, middle name, first initial of father, first initial of mother (this line is spaced with "<<" between the surname and given name). Depending on the length of the name, the father's and mother's initials may be omitted.
A full list of category codes (i.e. IR1, E21, etc.) can be found in the ''Federal Register'' or Foreign Affairs Manual.
Since May 11, 2010, new green cards contain an RFID
Radio-frequency identification (RFID) uses electromagnetic fields to automatically identify and track tags attached to objects. An RFID system consists of a tiny radio transponder, a radio receiver and transmitter. When triggered by an electromag ...
chip and can be electronically accessed at a distance. They are shipped with a protective sleeve intended to protect the card from remote access, but it is reported to be inadequate.
Visa-free travel for U.S. permanent residents
The following countries and territories generally allow U.S. permanent residents to enter the country without a visa for purposes of tourism.
* : 90 days within 180 days
* : 30 days
* : 30 days
* : permanent residents of the USA can obtain a visa on arrival, provided prior approval is obtained from Belizean Immigration (fee US$50). Visitors may also have to pay a repatriation fee.
*
* : 90 days within 180 days
* : 1 month
* : 6 months (no eTA required)
* : 30 days
* : 30 days
* : 6 months
* : 30 days
* (Aruba
Aruba ( , , ), officially the Country of Aruba ( nl, Land Aruba; pap, Pais Aruba) is a constituent country of the Kingdom of the Netherlands physically located in the mid-south of the Caribbean Sea, about north of the Venezuela peninsula of ...
, Curaçao
Curaçao ( ; ; pap, Kòrsou, ), officially the Country of Curaçao ( nl, Land Curaçao; pap, Pais Kòrsou), is a Lesser Antilles island country in the southern Caribbean Sea and the Dutch Caribbean region, about north of the Venezuela coast ...
, Sint Maarten
Sint Maarten () is a constituent country of the Kingdom of the Netherlands in the Caribbean. With a population of 41,486 as of January 2019 on an area of , it encompasses the southern 44% of the divided island of Saint Martin, while the north ...
, Caribbean Netherlands
)
, image_map = BES islands location map.svg
, map_caption = Location of the Caribbean Netherlands (green and circled). From left to right: Bonaire, Saba, and Sint Eustatius
, elevation_max_m = 887
, elevation_max_footnotes =
, demographics ...
): 30 days
* : 90 days within 180 days
* : 90 days
* : 90 days
* : 90 days
* : 15 days
* : 180 days
* : 30 days
* : 3 months
* : 90 days
* : 90 days[Travel to Serbia]
". ''Embassy of the Republic of Serbia in Washington, D.C.'' Retrieved February 8, 2019. "Foreign nationals who have a valid US visa or lawful residence in the United States (green card) may enter the Republic of Serbia without visas and stay no longer than 90 days within six month period. Visa must be valid for the whole duration of stay in the Republic of Serbia."
* : 30 days max. for holders of a ROC (Taiwan) Business and Academic Travel Card, issued by Republic of China (Taiwan).
* : 30 days
See also
*Blue Card (European Union)
The blue card is an approved EU-wide work permit (Council Directive 2009/50/EC) allowing highly skilled non-EU citizens to work and live in 25 of the 27 countries within the European Union excluding Denmark and Ireland, which are not subject to ...
*Chinese Foreign Permanent Resident Identity Card
The Permanent Resident Identity Card for Foreigners of the People's Republic of China, formerly known as the Permanent Resident Card for Foreigners, is a legal identity document for foreigners who have obtained permanent residence qualifications in ...
*Indefinite leave to remain
Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay a ...
in the United Kingdom
*Permanent residency in Canada
Permanent residency (PR) in Canada is a status granting someone who is not a Canadian citizen the right to live and work in Canada without any time limit on their stay. To become a permanent resident a foreign national must apply to Immigratio ...
*Permanent residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
*Green card marriage
A sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage.
Definitions of sham marriage vary by ...
References
''This article in most part is based on law of the United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
, including statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
and published
Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
.''
External links
Green Card
{{DEFAULTSORT:Americans
History of immigration to the United States
American people
Immigration to the United States
International travel documents
Identity documents of the United States
Residency
United States immigration law
Immigration documents
1940s establishments in the United States
1940s introductions
Residence permit