Green Card Information and Permanent Residence
This article will answer common questions about getting a green card and other related immigration law issues. You will learn about permanent residency in the U.S., what a green card is, how to get one, renewals, sponsorship, form I-485, form I-407, what to do if your green card is lost or stolen, and other important information about green cards.
Q: What is a Green Card?
A: Immigrants who enter legally enter the United States can apply for Lawful Permanent Residency (LPR) which will give them the legal right to live and work in the USA as long as they maintain their permanent status. The cards for Permanent Residency got their popular name because of their green color.
Q: Who issues Green Cards?
A: The U.S. Citizenship and Immigration Services (USCIS) is the issuing agency. The INS, Immigration and Naturalization Service had previously issued them but it was later replaced by the BCIS, Bureau of Citizenship and Immigration Services which was a part of the Department of Homeland Security. The BCIS was later renamed the USCIS and remains under that name today.
Q: Can a Green Card be revoked?
A: Yes, Green Card holders must maintain the permanent residence status by meeting certain conditions or it will be revoked.
Q: Can the alien work in the U.S. while waiting for his or her Green Card?
A: Yes, a temporary permit to work can be issued while waiting for permanent residency status. The Employment Authorization Document is also known as the temporary work permit can be obtained by application.
Q: How does an alien immigrant get a Green Card?
A: Obtaining a green card is not easy:
- Obtain a passport while in your native country.
- Have someone in the U.S. to sponsor you and file a petition for a visa. This can be a relative or employer who offers you a job in the U.S.
- You will have to undergo an interview and prove you are eligible for permanent residence.
- Fill out the application form for an immigrant visa
- Upon approval by the U.S. Embassy or consulate, an immigration visa will be stamped on your passport.
- Travel to and enter the U.S. using your immigration visa before the expiration date.
- File for an adjustment to your status by submitting form I-485, Application to Register Permanent Residence or Adjust Status to the USCIS within six months after entering the U.S. Failure to do so will cause your green card status to be lost.
- Maintain your permanent residence in the U.S. and do not remain out of the country for more than six months
Q: Who may qualify for a green card? What category of visas may qualify?
A: The following are the most common visa categories (IR, F-1, F-2A, F-2B, F-3, F-4, EB-1, EB-2, EB-3, EB-4, EB-5):
- Relatives of U.S. Citizens
- Spouse
- Unmarried child (under 21)
- Unmarried stepchild (under 21)
- Adopted child (under 18)
- Parent or stepparent
- Unmarried son or daughter (over 21)
- Married son or daughter (any age)
- Brother or Sister
- Relatives of Green Card holders
- Spouse
- Unmarried child (under 21)
- Unmarried stepchild (under 21)
- Adopted child (under 18) or
- Unmarried son or daughter (over 21)
- Employment Based (specialties, extraordinary skills, etc.)
- Green Card Lottery Winners conducted by the U.S. Department of State
- Foreign Investors of greater than $500,000
- Children under 16 adopted by U.S. citizens or green card holders.
- Asylum granted to foreign nationals unable or unwilling to return to their home country because of persecution
- Foreign refugees displaced by war, famine, and civil and political unrest or, unable or unwilling to return to their home country because of persecution
Q: Do Green cards have an expiration date?
A: Only the card expires, not the status. All Green cards issued from 1989 until present, expire 10 years after the date they are issued and must be renewed. However, those issued before 1989 do not have to be renewed.
Q: What are the benefits of a Green Card?
A: there are several benefits to possessing a Green Card in the U.S. Benefits include:
- Freedom to leave and return to the U.S. without risking being denied re-entry by an immigration official. You should make sure you re enter the country legally by entering the border checkout and show your Green Card to the officials.
- You will have the right to receive Government sponsored financial aid for education
- Green Card holders pay less for tuition, it is the same as “in state” or “resident” tuition and is considerably less than foreigners pay.
- You will not need an employer sponsorship and can work any where in the U.S.
- You will be allowed to work for your self and own a business
- Future immigration laws will not affect you
- Ability to work in government jobs
- You will have all rights as other citizens except for the right to vote
- You do not need to apply for citizenship unless you want too. You can live permanently in the U.S. as long as you maintain your Green Card status
- Ability to obtain a home mortgage loan at a reduced rate than non Green Card holders
- Ability to make campaign contributions where as non foreign nationals can’t
- May be eligible for tax benefits
- You can legally own property, fire arms and automobiles just as any citizen can
- Ability to become a naturalized citizen
Q: How does a Green card help one become a naturalized citizen?
A: Green Card holders can qualify to become a naturalized citizen after having permanent residence status for at least 5 continuous years of physical presence in the United States. Spouse of American citizens who possess a Green card can qualify after only 3 years. (There can not be an absence for more than one continuous year) Remaining in the country to become a naturalized citizen is called “preserving residence for the purpose of naturalization”.
Q: How does one renew a Green Card?
A: All Green Cards issued after 1989 must be renewed every 10 years. The expiration date is clearly indicated on the front of the card. To renew, send in application Form 1-90, Application to Replace a Permanent Resident Card at least 6 months before the expiration date. A filing fee of $110 will be charged.
Q: What if the Green Card has expired? Is there a penalty?
A: No penalty is charged. Simply apply for a new one immediately.
Q: Can a Green Card be given back or surrendered?
A: It is rare that anyone would want to give back their Green Card, however it does sometimes happen. To surrender you Green Card and abandon your Legal Permanent Resident status, file form I-407 to a consular officer. Your LPR will be stamped and signed by the documenting officer and returned to you. Keep a copy with your passport to document your prior U.S. immigration status.
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6 Comments on “Green Card Information and Permanent Residence”
Hello,
My wife is a Japanese citizen and I am a US citizen. We have already applied for the I-130 and were approved. We are waiting for a response for our DS-230 and I-864 submissions, but this may take a long time. We have already been apart for 6 months and want to be with each other. Is there any way that she can come to the US while waiting for her Green Card?
Any suggestions would be greatly appreciated.
Thank you kindly.
Since you have already applied for an immigrant visa, your choices are limited. The only thing you can do is to apply for another Immigrant intent visa. In this case, you can apply for an H1-B (no visas available until Oct 2009) or to apply for L1A (that will require for that she is a business owner in Japan, and intents to expand her business in US). Other then those two options, there is nothing you could do. US immigration attorneys have contacts within embassy and could find a status for your application, if you can provide a case number in Tokoyo(i am assuming that this is where your case is pending). So, contact a US immigration attorney for an update, they will charge you money to find out, but if status is (delayed due to administrative reasons) this means that State Department has to clear her name. I am not an attorney, but work for one. So, I can not give you a legal advice.
Hi,
My brother is a Romanian citizen and he’s been living in US since August 2007. He came here with his wife and their son at the same time, with a visitor visa. Now he is living ilegally here. I want apply for I-130, but I would like to know if I could apply at same time for the adjustment of his status. How long usually takes to get employment authorization for? Is there any bad consequences if we do apply so late? What would you advice? Thank you in advance for the advice.
I have been a permanent resident since I was 7 ( ‘89). I got married and forgot to update my information with INS. What kind of trouble can I be in? My card expires in 2 years, but I need to take care of this. Does anyone know the fees and/or penalties for delaying updating marital status? ( I never even knew I was supposed to keep them informed of my addres).
Here is a question how much does it cost to send in the i-485 form? And if it gets denied what happens to the money that was already paid? And can it be redone?
ahudson - I believe that the fee for an i-485 form is close to $1,000 (or it was $930 or so last time I checked.) You’ll get more replies by posting a question at the .