A green card grants lawful permanent residency in the United States, allowing individuals to live and work indefinitely. It is a crucial step for those seeking long-term stability, career opportunities, and a pathway to U.S. citizenship.
Gagliano Law, PLLC assists individuals, families, and employers with employment-based, family-based, and other green card processes, ensuring compliance with U.S. federal immigration laws and guiding applicants through every stage of the process.
What is a green card?
A green card, or Permanent Resident Card, allows foreign nationals to legally live, work, and travel in and out of the U.S. without needing a visa. Green card holders enjoy many of the same rights as U.S. citizens, except they cannot vote in federal elections.
Types of green cards
1. Employment-based green cards, the EB categories
- EB-1: for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives
- EB-2: for professionals with advanced degrees or exceptional ability, including National Interest Waivers
- EB-3: for skilled workers, professionals, and other workers
- EB-4: for religious workers, translators, and certain special immigrants
- EB-5: for investors who create jobs in the U.S., with a minimum investment required
2. Family-based green cards
- Immediate relatives, meaning spouse, parents, and unmarried children under 21
- Family preference categories, including siblings, married children, and adult children of U.S. citizens or green card holders
3. Humanitarian green cards
- Asylum or refugee status
- Victims of crimes through the U visa, or human trafficking through the T visa
- Violence Against Women Act petitions for abused spouses, children, or parents of U.S. citizens
4. Diversity visa, lottery-based green cards
Each year the U.S. government issues Diversity Visas to individuals from countries with low rates of U.S. immigration. Selection is random, and only eligible applicants can apply.
The green card application process
- Determine eligibility. Applicants must confirm they qualify under an employment-based, family-based, humanitarian, or investment category before starting the process
- File the appropriate petition. Employment-based applicants have an employer file Form I-140. Family-based applicants have a U.S. citizen or green card holder file Form I-130. Investors file Form I-526
- Wait for visa availability if required. Some green card categories are subject to annual limits, meaning applicants may need to wait for their priority date to become current
- Adjustment of status or consular processing. If already in the U.S., applicants may file Form I-485. If outside the U.S., applicants complete consular processing at a U.S. embassy
- Attend biometrics and the green card interview. Applicants provide fingerprints, photos, and signatures for background checks and attend an interview with a USCIS officer
- Receive the green card. If approved, the applicant receives a physical green card granting permanent residency
Green card rights and responsibilities
Green card holders enjoy several benefits:
- The right to live and work anywhere in the U.S
- Protection under U.S. laws, including labor and employment protections
- The ability to sponsor certain family members for green cards
- Access to public education and healthcare benefits
- Eligibility to apply for U.S. citizenship after meeting residency requirements
Green card holders must also:
- Maintain residency in the U.S., since extended absences can result in loss of status
- File U.S. taxes and report worldwide income
- Obey all federal, state, and local laws
- Update USCIS with address changes
Processing time
Green card processing times vary based on visa category, USCIS workload, and country of origin. Some categories may take a few months, while others involve years of waiting due to visa backlogs. Premium processing is available for some employment-based petitions but does not apply to I-485 adjustment of status applications.
Transitioning from a green card to U.S. citizenship
Green card holders can apply for U.S. citizenship through naturalization after five years, or three years if married to a U.S. citizen, with continuous residence and physical presence in the U.S., and after passing English and civics exams.
Alternatives if a green card is not approved
- Non-immigrant visas such as H-1B, O-1, L-1, or TN status
- Reapplying with stronger evidence
- Seeking waivers for certain inadmissibility grounds
Frequently asked questions
How long does it take to get a green card?
Processing times vary. Employment-based and family-based petitions can take several months to years, depending on visa availability.
Can I travel outside the U.S. with a green card?
Yes, but extended absences longer than six months may lead to questions about residency. A re-entry permit is recommended for long-term travel.
Can my employer sponsor me for a green card?
Yes. Employers can file an employment-based green card petition, EB-1, EB-2, or EB-3, if they meet the sponsorship requirements.
What happens if my green card application is denied?
You may file an appeal, a motion to reopen, or reapply with stronger evidence. Some applicants may qualify for waivers.
Do green card holders need to renew their status?
Yes. Green cards expire every 10 years, requiring Form I-90. However, permanent residency itself does not expire unless abandoned.
For guidance on obtaining a green card, Gagliano Law, PLLC assists individuals and families. Contact us to explore your options.
