Cecily Zamora
Permanent residency is a person's resident status in a country where they are not a citizen but where they have the right to live and work. Permanent residents are usually citizens of other countries, and their permanent residency may be revoked if they commit certain crimes. In the US, permanent residency is commonly known as having a green card, and it is a necessary step to becoming a naturalized citizen. In Canada, permanent residents must carry and present their valid PR card or permanent resident travel document (PRTD) when travelling to Canada.
| Characteristics | Values |
|---|---|
| Permanent Resident Card (Green Card) | Allows you to live and work permanently in the United States |
| Application Process | Apply to become a lawful permanent resident with an immigrant visa number |
| Work Permit | Can apply for a work permit while waiting for the application to be approved |
| Naturalization | Path to citizenship after five years of permanent residence, or three years if married to a U.S. citizen |
| Travel | Must carry the Green Card when travelling outside the United States and re-entering |
| PR Status Obligations | Permanent residents of Canada must carry a valid PR card or PRTD when travelling to Canada; must have been in Canada for at least 730 days over the last five years |
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What You'll Learn
Getting a green card
A Permanent Resident Card, also known as a Green Card, allows you to live and work permanently in the United States. Here are some ways to get a Green Card:
Family-based visas
If you are a close family member of a U.S. citizen (such as a spouse or unmarried child), you can apply for a family-based visa. This will allow you to receive permanent residence and join your family in the U.S. However, there is a limit to the number of visas available in this category each year, so you may spend a long time on a waiting list.
Fiancée visas
If you are engaged to a U.S. citizen, you can apply for a fiancée visa. This will allow you to enter the U.S. and marry your fiancé within 90 days of your arrival. Once married, you can then apply for a Green Card as a spouse of a U.S. citizen.
Work visas
If you have a job offer from a U.S. employer, you can apply for a work visa. This will allow you to live and work in the U.S. for a specified period, after which you can apply for a Green Card to extend your stay.
Diversity Visa Lottery
The Diversity Visa Lottery is a program that randomly selects individuals from countries with low immigration rates to the U.S. to receive visas. This can be a way to obtain a Green Card without having to meet the specific requirements of other visa categories.
Refugee or asylum status
If you are seeking refuge or asylum in the U.S., you may be eligible for a Green Card. This is a way to obtain permanent residence if you are fleeing persecution or danger in your home country.
It is important to note that the process of obtaining a Green Card can be complex and may require the guidance of an experienced immigration lawyer. Additionally, maintaining your Green Card status requires that you do not commit any acts that would make you removable from the U.S. under federal immigration laws, such as certain crimes.
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Naturalization
To apply for naturalization, you need to submit Form N-400, Application for Naturalization. In addition, you must meet the following requirements:
- Show that you have been physically present in the United States for at least 30 months out of the five years immediately before submitting Form N-400.
- Prove that you have lived in a state or USCIS district with jurisdiction over your place of residence for at least three months.
- Demonstrate that you are a person of good moral character and have been so for at least five years before applying.
- Pass an English test and a civics test as part of the naturalization process, unless you qualify for an exemption.
It is important to note that if your LPR status was not obtained lawfully, you are ineligible for naturalization. This includes cases where there was fraud, willful misrepresentation, or non-compliance with applicable laws in the process of obtaining LPR status.
USCIS may request additional evidence (RFE) regarding residences, travel, and employment information during the naturalization process. Failure to respond to an RFE will result in the denial of the naturalization application. Certain applicants may seek to preserve their residence for naturalization if they need to leave the United States for extended periods for qualifying employment.
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Family-based visas
There are different types of family-based visas, including F2A visas for spouses and unmarried children under 21, and F2B visas for unmarried children aged 21 and older. To sponsor a family member, a United States Citizenship and Immigration Services (USCIS) Form I-130 must be submitted. Each sponsored person requires a separate Form I-130, which can be submitted online or by mail. The process for a relative to immigrate depends on whether they are already in the US or abroad.
If a family member is in the US, they may be eligible for an Adjustment of Status. To be eligible for a Green Card as a family preference immigrant, certain requirements must be met, including filing Form I-485, being inspected and admitted or paroled into the US, and being physically present in the country when filing Form I-485. An immigrant visa must also be immediately available.
For those outside the US, consular processing is required to apply for a Green Card as a family preference immigrant. The National Visa Center assists in preparing visa applications for interviews at US Embassies and Consulates. The process involves an interview, and the applicant must meet certain requirements, including being admissible to the US for lawful permanent residence.
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Work visas
If you want to immigrate to the United States based on your job skills, there are five employment-based immigrant visa preferences that you can consider. These employment-based (EB) "preference immigrant" categories include:
- First preference (EB-1) – certain multinational managers and executives.
- Second preference (EB-2) – members of professions holding advanced degrees or those with exceptional ability (including requests for national interest waivers).
- Third preference (EB-3) – skilled workers, professionals, or other workers.
You can apply for lawful permanent residence (a Green Card) in the EB-1, EB-2, and EB-3 categories while in the United States. This is called "adjustment of status". To do this, you must be physically present in the United States and meet certain other requirements. For example, none of the applicable bars to adjustment of status should apply to you, and you should be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you may generally apply for a change of status to a nonimmigrant classification that does provide employment authorization. Alternatively, you can apply for an adjustment of status to become a lawful permanent resident. This may require you to obtain an approved immigrant visa.
If you are already in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).
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Immigrant visa numbers
To become a lawful permanent resident of the United States, you will need a Permanent Resident Card, also known as a Green Card. This allows you to live and work in the US permanently.
There are a limited number of immigrant visas available, and the US Department of State (DOS) allocates these according to preference categories, an applicant's country of chargeability (usually their country of birth), and priority dates. The DOS Visa Bulletin is published monthly and summarizes the availability of immigrant visas. It also provides the most recent dates for when a visa number is available for the different categories and countries for family-sponsored, employment-based, and diversity (lottery) visas.
The Visa Bulletin allows applicants to check their place in the immigrant visa queue. When the priority date becomes available, or is "current," immigrants may be able to apply for adjustment of status or apply for an immigrant visa with the DOS if they are outside the US.
The DOS uses the priority date to determine an immigrant’s place in the visa queue. When the demand for a particular category and country of chargeability is higher than the supply of visas, a queue or backlog forms. In such cases, the DOS considers the category and country oversubscribed and must impose a cut-off date to keep within the statutory limits.
Your A-Number and DOS Case ID can be found on your immigrant data summary, USCIS Immigrant Fee handout, or immigrant visa stamp. Your A-Number is the letter "A" followed by 8 or 9 numbers. Your DOS Case ID is 3 letters followed by 9 or 10 numbers.
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Frequently asked questions
A lawful permanent resident (LPR), also known as a "green card" holder, is an individual who is lawfully authorised to live permanently within a given country, in this case, the United States. LPRs may accept job offers without special restrictions, own property, and join the Armed Forces.
To become an LPR in the US, you must fill out Form I-485, the Application to Register Permanent Residence. You may also need to fill out other forms, such as Form I-140, depending on your specific situation.
LPRs in the US may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They can also apply to become US citizens if they meet certain eligibility requirements.
