Are you looking to obtain permanent residency status in the United States? The process of getting a Green Card can feel daunting and complex. But you don't have to take this journey alone. The experienced immigration attorneys at Bailey & Galyen are here to guide you every step of the way. With law offices throughout the state of Texas, including Houston, Dallas, San Antonio, and Austin, and a headquarters in Bedford, Bailey & Galyen makes it convenient for you to access the knowledgeable legal counsel you need. Our Texas immigration lawyers thoroughly understand both federal and state law related to the Green Card process. We are dedicated to making the path to permanent residency as smooth as possible for you.
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What Is a Green Card?
A Green Card, officially known as a Permanent Resident Card, allows someone who is not a U.S. citizen to live and work permanently in the United States. Green Card holders, also known as permanent residents, are granted many of the same rights and responsibilities as U.S. citizens. Some key benefits of having a Green Card include:- The legal right to live permanently in the U.S. (as long as you abide by certain terms)
- Ability to work for almost any U.S. employer
- Option to later apply for U.S. citizenship, if eligible
- Access to many government benefits and services
Who Issues a Green Card?
Green Cards are issued by the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). USCIS is responsible for processing and adjudicating applications for permanent residence and many other immigration benefits. While USCIS is the main agency handling Green Card issuance, in some cases, other U.S. government entities are involved in the process:- Department of State: If you are applying for a Green Card from outside the United States, you will work with a U.S. Embassy or Consulate, which is part of the Department of State.
- Department of Labor: Certain employment-based Green Cards first require labor certification through the Department of Labor to verify that no U.S. workers are available for the position to be held by the Green Card holder.
- Immigration Courts: If you are in deportation proceedings, an Immigration Judge may grant you permanent residence as a form of relief, leading to a Green Card.
Paths to Getting a Green Card
There are several different ways to be eligible for a Green Card. Some of the most common include:
Family-Based- Employment-Based
- Diversity Visa Program
- Refugee or Asylee Status
- Other special circumstances
Family-Based Green Cards
Many people obtain permanent residency through family ties. There are two main types of family-based Green Cards:- Immediate Relative Green Cards—These are for spouses, unmarried children younger than 21, and parents of U.S. citizens. The number of these Green Cards issued each year is unlimited.
- Family Preference Green Cards - These are for more distant family members of U.S. citizens and some close relatives of current Green Card holders. There are annual caps on these, meaning waiting periods can be long.
Employment-Based Green Cards
Another common way to get a Green Card is through your job or occupation. The U.S. makes a certain number of these available each year across five eligibility categories:- EB-1 - Priority workers with extraordinary abilities, outstanding professors/researchers, and multinational executives/managers
- EB-2 - Professionals with advanced degrees and individuals with exceptional abilities
- EB-3 - Skilled, professional, and unskilled workers
- EB-4 - Special immigrants like religious workers, broadcasters, Iraqi/Afghan translators, and others
- EB-5 - Immigrant investors who make qualifying investments in U.S. enterprises
Other Green Card Eligibility
The diversity visa program makes Green Cards available to individuals from countries with low rates of immigration to the U.S. Selection is done by random lottery. Refugees and asylees granted such status in the U.S. may apply for a Green Card one year after obtaining refugee or asylee status. In some other special cases, you may be eligible for a Green Card. For example, if you have been a victim of abuse or human trafficking or you have served in the U.S. military. Consulting with an immigration attorney is the best way to understand all your potential options.Life as a Green Card Holder: Rights and Responsibilities
Obtaining a Green Card is a major milestone that grants many key rights and privileges. These include:- Living and Working in the U.S.: Green Card holders can permanently live and work anywhere in the United States without needing employer sponsorship or other special permission.
- Traveling Abroad: Permanent residents can travel outside the U.S. and reenter without a visa as long as trips abroad are temporary.
- Government Benefits: Green Card holders are eligible for many federal benefits, including social security, Medicare, and Medicaid, assuming other qualifications are met.
- Sponsoring Relatives: In some cases, permanent residents can sponsor certain close relatives, such as spouses and children, to get Green Cards.
- Path to Citizenship: Getting a Green Card is an essential first step for those who eventually wish to apply for U.S. citizenship through naturalization.
- Obeying All Laws: Green Card holders must follow all federal, state, and local laws, just like U.S. citizens. Certain criminal convictions can jeopardize permanent resident status.
- Paying Taxes: Permanent residents are required to report all worldwide income and file U.S. tax returns each year, even if living abroad.
- Keeping Address Current: Green Card holders must notify USCIS within 10 days of moving to a new home address.
- Renewing the Green Card: Permanent resident cards are valid for 10 years and must be renewed before expiring. Failing to renew can complicate your ability to live and work in the U.S.
Traveling With a Green Card
One key advantage of having a Green Card is greater ease of international travel. Permanent residents can visit other countries and reenter the U.S. with only their Green Card in most cases. However, there are some important considerations to keep in mind:- Trips Under 6 Months: In most cases, the Green Card alone is sufficient to reenter from an international trip of less than 6 months. Be sure your card will be valid for your entire trip.
- Trips Over 6 Months: For trips longer than 6 months, you may need a reentry permit to avoid issues when returning to the U.S. Apply before leaving the country.
The Green Card Application Process
While the specifics vary by category, in general, the Green Card application process involves:
- Determining your basis for eligibility
- Filing the appropriate petition, often through a sponsor like a family member or employer
- Waiting for a visa to become available in your category (for some types)
- Submitting a Green Card application along with supporting evidence
- Attending a biometrics appointment
- Interviewing with U.S. immigration officials
- Receiving a decision on your application
How Long Does It Take to Get a Green Card?
The timeline for obtaining a Green Card ranges widely from a few months to many years. It depends on factors like:- Your eligibility category
- What country you are from
- How quickly you can gather necessary documents
- How efficiently USCIS processes your case
- Whether you are inside or outside the U.S. while applying