What permanent residence means
Lawful permanent residence, usually called a green card, lets you make a permanent home in the U.S. and work for almost any employer. The physical card needs renewal each decade, but the status itself does not expire as long as you keep your home here and follow the rules that come with it.
Permanent residents can change jobs freely, start businesses, attend school, receive many public benefits after waiting periods, sponsor certain relatives and, after enough time, apply to become citizens. The main things residents cannot do are vote in federal elections, hold a U.S. passport or remain abroad for long periods without risking their status.
Status can still be lost
Permanent residence is secure but not absolute. It can be put at risk by:
- Long absences that suggest you have moved abroad
- Certain criminal convictions
- Fraud or misrepresentation in any immigration filing
- Filing taxes as a nonresident
- Claiming to be a U.S. citizen when you are not
We talk through these risks at the start so you know how to protect the status once you have it.
Choosing a path
Which path is open to you depends on your family relationships, your work, where you were born and what status you hold today. Many people qualify through more than one route, and choosing the right one can make a difference in cost, risk and waiting time.
For example, a person married to a citizen who also has an employer willing to sponsor them may have two options. The family route is often faster and less expensive, while the employment route may protect status if the marriage has difficulties. Laying out the choices at the start helps you decide with full information.
Family sponsorship
Family cases are the most common route. Immediate relatives (a U.S. citizen's husband or wife, parents, and unmarried children younger than 21) face no annual cap, while other relatives wait in preference categories. Citizens may also sponsor married sons and daughters and brothers and sisters. Permanent residents may sponsor spouses and unmarried children.
- Immediate relatives of adult citizens, with no annual limit
- F1: unmarried adult sons and daughters of citizens
- F2A: spouses and minor children of permanent residents
- F2B: a resident's unmarried children aged 21 or older
- F3: married sons and daughters of citizens
- F4: brothers and sisters of adult citizens
The sponsoring relative must show their own status with a birth certificate, passport, naturalization certificate or green card, and prove the relationship with marriage or birth records. For marriages, the couple must also show the relationship is genuine.
Employer sponsorship
Employment cases fall into the five EB preference categories. Most require an employer to sponsor the worker and to show through a recruitment process called PERM labor certification that no qualified U.S. worker is available. Some categories allow a person to skip that step:
- EB-1: people with extraordinary ability, outstanding researchers and professors, and certain multinational managers and executives
- EB-2: advanced-degree professionals and people of exceptional ability, including those seeking a National Interest Waiver
- EB-3: professionals, skilled trades and some other workers
- EB-4: special immigrants, including some religious workers
- EB-5: investors who fund a qualifying U.S. business that creates jobs
Employer cases require coordination between the company, the worker and our office. The job description, minimum requirements and wage all need to line up across several filings. Small inconsistencies can lead to requests for evidence months later, so we build the case carefully from the first document.
Humanitarian routes
Refugees must apply for residence one year after admission, and asylees may apply one year after their grant. People holding U or T visas, VAWA self-petitioners and certain young people with Special Immigrant Juvenile Status may also become residents after meeting their own requirements.
Humanitarian applicants often have unique documentation challenges, such as identity documents that were lost or never issued. We gather alternative evidence and, where appropriate, request waivers of certain grounds that would otherwise block residence.
The diversity lottery
Each year the State Department runs a free online lottery for people born in countries that have sent relatively few immigrants to the United States in recent years. Registration is typically open for a short window in the fall. Being selected is only the first step: winners must still meet education or work requirements and complete processing before the program year ends. Beware of websites that charge to enter.
Stage one: the petition
Most cases begin with a petition that proves the qualifying relationship or job. Family cases use Form I-130, filed by the citizen or resident relative. Employment cases usually use Form I-140, filed by the employer, although some applicants may petition for themselves. Approval of the petition confirms eligibility for a category; it does not grant residence on its own.
Petitions can take many months to be decided, and the timeline varies by category and service center. While the petition is pending, gather civil documents, police certificates and financial records so the next stage can move quickly once it opens.
Stage two: adjustment or consular processing
Once a visa number is available, the second stage begins.
Inside the United States. Eligible applicants file Form I-485, attend a biometrics appointment and often an interview at the nearest field office.
Outside the United States. The case moves through the National Visa Center to an interview at a U.S. embassy or consulate, and the green card arrives after entry.
Adjustment applicants generally must have entered lawfully and, in many categories, maintained status. Immediate relatives of citizens receive more flexibility on some of these rules. People who entered without inspection usually process abroad and may need a waiver first. We review entry records closely before recommending either route.
Medical exam. A medical exam by an approved civil surgeon or panel physician is part of both processes, along with vaccination records. We tell you when to schedule it so the results do not expire before the interview.
Waiting on a priority date
Categories with annual limits use a queue. Your place is set by your priority date, usually the date your petition was filed. The State Department publishes a monthly Visa Bulletin listing, category by category and country by country, which filing dates are now being processed. Waits range from none at all to many years, driven by category and birthplace. We track your date and plan the timing of each filing around it.
Reading the Visa Bulletin
Two charts in the bulletin matter: one shows when a final decision can be made and the other when an application can be filed. USCIS announces each month which chart applicants in the United States may use. When the filing chart is available, some applicants can submit their green card application earlier and receive work and travel permission while they wait.
Work and travel while pending
Many adjustment applicants may request work authorization and a travel document while the case is pending. Leaving the country without the right permission can cause the application to be treated as abandoned, so always check with us before traveling.
Keep copies of every receipt notice and approval, and check the validity dates on work and travel documents. Renewal applications should go in well before the old card expires to avoid gaps that could affect employment.
Conditional residence
If your residence is based on a marriage that was less than two years old when you became a resident, you receive a two-year conditional card. In the months before it lapses, the couple files jointly to remove the conditions, or the resident requests a waiver if the marriage has ended. Investors also receive conditional status and must file to remove conditions.
Keeping your status
Once you are a resident, a few habits protect the status:
- Keep your main home in the United States
- Avoid trips longer than six months when you can
- Request a reentry permit before any long absence
- File taxes as a resident every year
- Report a new address to USCIS within ten days of moving
Carry proof of status, and talk with a lawyer before resolving any criminal charge.
If you plan to be abroad for a year or more, for example to care for a relative or for an overseas assignment, a reentry permit filed before you leave can help show that you did not intend to give up your residence. Without one, a long absence can lead to questions at the border.
Renew your card about six months before it expires and keep the receipt notice with your expired card. The receipt, together with the card, serves as temporary proof of status.
Where to start
Every case is different and processing times vary by agency and office. A consultation lets us map the route that fits your situation, explain what each step will ask of you and point out anything in your history that should be addressed first.
When you are ready, we will help you choose the right path, prepare a complete filing and stay with you until the card arrives, and after.
