Obtaining a U.S. Green Card is a long-cherished aspiration for millions of people across the globe. It offers the comfort of living and working in the United States on a permanent basis. In this article, you will learn what a Green Card is, how you can obtain a Green Card, and the advantages and disadvantages associated with Green Cards.
Green Card members also face some responsibilities and limitations expounded on in terms of restrictions on travel and duties that a holder has to perform.
A Green Card, formally known as a Permanent Resident Card, is awarded to non-US citizens who wish to stay and work in America on a long-term basis. It is a document that proves the status of a person as a legal permanent resident. Green Card holders, by and large, access many of the privileges enjoyed by the citizens of the United States, but one of the penalties placed upon them is in respect of voting in governmental elections.
There are certain requirements that an applicant must meet in order to qualify for a Green Card. These include:
Every category has its own specific requirements and processes.
There are several categories of Green Cards according to the different people in the Society. They include the main types are:
There are specific criteria for each type, process involved and documents required.
Nobody likes filling out applications for residency and enduring the lengthy application process. But in due diligence, you need not make these barriers a norm.
This green card or the U.S Permanent Residents Status grants an individual one’s indefinite stay in the U.S. And the individual is free to do an employment that satisfies him/her without the need of seeking any employment authorization. You may also decide to stay in any of the available states.
The first step towards becoming an American citizen is being issued with a Green Card. After a required period of holding a Green Card, there are chances of becoming a citizen. This process is called naturalization.
More services like the green card holders are provided access to various social services. Some of them are public education, healthcare, and also other government benefits. You can also get financial assistance for college.
Through a Green Card, it gives a sense of assurance that one will be able to stay in the US for as long as one wishes. Such assurances are very vital in the determination of both his/her future and family.
People in different movements with a green card are not allowed to travel everywhere. There are travel issues that affect green card holders. Perhaps if an individual spends in excess of a year out of the US and does not return with a re-entry permit, such a person stands to lose his or her resident status. It is always advisable to make all your movements in a planned manner so as not to experience this problem. Other than that, there are also desirables that counsel against long absences due to the negative impact that such is likely to have on the assumptions of one’s permanent residency.
Renewing and maintaining a green card needs an emphasis on the deadlines and other documents required. Green cards are generally valid for a period of ten years after which renewal is necessitated. If you do not submit an application for renewal on time you can face many problems. Furthermore, your change of address must be reported to US Citizenship and Immigration Services.
You have some responsibilities as a holder of a green card. You are required to file a tax return every year with the US Internal Revenue Service and pay the taxes for income earned anywhere in the world. You are also supposed to refrain from engaging in criminal activities while in the United States as this will endanger your status as a resident. There are adverse legal repercussions for aiding any person in residence within the United States through illegal means, including the and possible deportation from the U.S.
Green card holders should understand and keep abreast of their rights and duties as these should help them comprehend the impact of statutory interpretation on the green card status.
Immigration law in the US is always prone to evolution. This can change the procedure and timeline or how people do the filing in order to apply for a Green Card. For instance, the new changes for the H-1B visa will bring in a positive or negative influence either to the workers or the employers. Failure to monitor these developments may lead to complications.
The fact remains that as new laws are made, the processes of obtaining a Green Card are also changed. New rules and exceptions brought in can at times complicate the processing. Nevertheless, they as well are likely to hasten it. Understanding how the law works at present will enable you to plan your course accordingly.
There is no guarantee that laws regarding immigration will remain the same in the future. There’s always the risk of elections and new administrations changing everything. It’s wise to pay attention to the media and consult someone. At such a point, you would be able to adapt yourself as per the new regulations that are likely to come forward. Staying informed about immigration policies can make a big difference in your Green Card application process. An immigration attorney can assist you to understand the process better and guide you through your petition.
Immediate relatives of U.S. citizens enjoy a visa equity for a green card. This encompasses spouses, unmarried children under 21, as well as parents of citizens who are above 21 years old. They will not have to wait until a visa number is available; they can file I-485 once their I-130 is approved anyway. Family Preference Categories Other family members fall under the family preference categories. These include
First Preference (F1): Unmarried sons and daughters of U.S. citizens who are 21 years and older.
Second Preference (F2A): It includes spouses and children (unmarried and under 21) of lawful permanent residents.
Second Preference (F2B): Unmarried sons and daughters (taking ages above 21 years) of lawful residents of the USA.
Third Preference (F3): Married son or daughter of a citizen of America.
Fourth Preference (F4): Adult citizen of the USA and her brothers and sisters.
As for the application process for family members, there are several stages:
Petition Filing: The U.S. citizen or lawful permanent resident files a petition with USCIS.
Approval and Visa Number: After the petition has been granted, the family member is required to wait until a visa number is made available except for immediate relatives.
Consular Processing or Adjustment of Status: The family member may process through a consular facility in his or her country of residence or apply for status adjustment thereafter if in America.
It may be a long and painful process, but it is quite important especially in relation to dealing with legal issues and needing to keep the family together.
The employment based green cards are classified into several categories and preferences. Some of the categories of employment-based preference green cards include the following:
It is necessary to mention that in most cases the employment based green card application requires a sponsor –employer. This means that on behalf of the worker, a U.S. employer must submit a petition. The process usually contains the following procedures:
Labor Certification: The employer has to show that there are no willing and able US workers for the job available.
Filing the Petition: The employer formally introduces form I140 petition for employment based immigration.
Adjustment or Consular Processing: The worker applies for the green card in either of the following ways: adjustment of status if they are in USA, or consular processing if they are residing outside USA.
However, in some circumstances, a person may seek this type of green card on their own. Specifically, this is the case when applying for an immigration based on the EB category:
EB-1. This category is for the individuals with extraordinary ability, they do not have to seek a sponsor to self-petition.
EB-2. This type of individual suffices for self-petitioning or applying for NIW self-petition.
Self-petitioning enables individuals of exceptional abilities or skills to obtain a green card without the assistance of an employer from the United States.
While the entire procedure from applying for a job to eventually getting the employment based green card itself can indeed be a bit burdensome and traumatic, it is also clear that if one is able to categorize the different aspects as well as alternatives available, then one can be able to get the most appropriate route under the circumstances.
To conclude, obtaining immigration to the United States in the form of a US Green Card is one such beneficial step for most individuals wishing to go to the United States for either a permanent basis or provision of their services. It opens up a lot of opportunities and can lead to citizenship. Indeed, it can be long and sometimes difficult for many people, however it’s worth the wait. If you’re gearing up to submit an application, be sure to check and recheck all queried factors as this path is not only long but also tedious. With perseverance and hard work, there is always a way that will lead off the chance of making your dream of living in America- a possibility.