Cecily Zamora
Lawful Permanent Resident (LPR) status gives individuals the right to live and work in the United States indefinitely, declaring the US as their residence. There are several ways to become an LPR, including through family, employment, or lottery. For instance, an individual can be sponsored by an immediate relative (spouse, parent, child, or sibling) or apply for a Diversity Visa Lottery. After five years of being an LPR, one may be eligible to become a US citizen through naturalization.
| Characteristics | Values |
|---|---|
| How to get lawful permanent residence in the US | File an Application for Adjustment of Status (Form I-485) or an immigrant visa petition at an American Consulate abroad when visa numbers are available |
| What is a Green Card? | Officially known as a Permanent Resident Card, it allows the holder to live and work permanently in the United States |
| How to apply for a Green Card | Eligibility categories vary depending on individual situations; research your category and learn how to apply |
| Naturalization | The process by which an alien not born in the US can become a US citizen; the most common path to citizenship is through being a lawful permanent resident for at least five years |
| Requirements for naturalization | Must be at least 18 years old, have been a lawfully admitted permanent resident of the US for at least five years, have demonstrated continuous residence in the US for at least five years, have been physically present in the US for at least 30 months out of the last five years, have lived for at least three months in a state or USCIS district with jurisdiction over your place of residence, and be a person of good moral character |
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What You'll Learn
What is a Green Card and how do I get one?
A Green Card, officially known as a Permanent Resident Card, allows you to live and work in the United States indefinitely. The application process for a Green Card depends on your specific situation. You must first determine your eligibility category and then research the application process. Family members may also be able to apply with you.
To be eligible for a Green Card, you must fall into one of the immigration categories. These include family-based, fiancé, and work visas. You can also apply through the Diversity Visa Lottery or as an investor through the EB-5 Immigrant Investor Program. Once you have determined your eligibility, you can begin the application process.
If you are already in the United States, you can file an Application for Adjustment of Status (Form I-485). This form allows you to adjust your status from a non-immigrant to a permanent resident. If you are outside the United States, you can file an immigrant visa petition at an American consulate abroad. After your petition is approved, you will be placed on a waiting list for a Green Card.
Once you have obtained your Green Card, you can use it as evidence of your permanent resident status when entering the United States. You may also be eligible to become a U.S. citizen through a process called naturalization after being a lawful permanent resident for at least five years, or three years if you are married to a U.S. citizen. To be eligible for naturalization, you must meet certain requirements, including being at least 18 years old, demonstrating continuous residence in the United States, and showing good moral character.
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What is the EB-5 Investor Petition?
The EB-5 Immigrant Investor Program was created in 1990 by the Immigration Act of 1990. It is a method for eligible immigrant investors to become lawful permanent residents by investing substantial capital in a new commercial enterprise in the United States. The program is intended to stimulate the U.S. economy through foreign investment and economic growth, creating at least 10 new, full-time jobs for Americans and work-authorized immigrants.
The EB-5 visa is one of five employment-based paths to permanent residency in the U.S. The required investment amount depends on the location of the enterprise. Specifically, an investor must invest $800,000 if the project is in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. The minimum investment amount has increased over time to account for inflation. As of 2023, the standard minimum investment amount is $1.8 million, while the minimum investment in a TEA is $900,000.
The EB-5 program is administered by the United States Citizenship and Immigration Services (USCIS). To apply for the EB-5 Immigrant Investor Program, investors and their legal counsel must first file Form I-526, Immigrant Petition by Alien Investor. This petition determines whether the investment qualifies under the EB-5 classification. If the I-526 petition is approved, the investor can then apply for an immigrant visa and file an Application for Adjustment of Status (Form I-485) to become a lawful permanent resident.
It is important to note that the I-526 petition is not an application for permanent residency. It is a petition to determine eligibility for an immigrant visa, which, if approved, allows the investor to apply for permanent residency when their turn is reached on the green card waiting list. The investor must still meet other eligibility requirements for permanent residency, such as demonstrating continuous residence in the United States for a specified period.
The EB-5 Immigrant Investor Program has been a popular pathway for foreign investors seeking permanent residency in the United States. It provides an opportunity for investors to obtain permanent residency by investing substantial capital and creating jobs in the U.S. economy.
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How do I apply for US citizenship through naturalisation?
To apply for US citizenship through naturalization, there are several requirements and eligibility criteria that you must meet. Here is a step-by-step guide to help you understand the process:
Step 1: Check Your Eligibility
Before starting the naturalization process, ensure that you meet the basic eligibility requirements. Generally, you must:
- Be at least 18 years old.
- Be a permanent resident (have a Green Card) for at least 5 years. If you obtained your Green Card through marriage to a US citizen, the period is generally 3 years.
- Have continuous residence in the US for at least half of the qualifying period (2.5 years for a 5-year requirement or 1.5 years for a 3-year requirement).
- Be physically present in the US for at least 30 months out of the 5 years (or 18 months out of the 3 years if applying based on marriage to a US citizen).
- Have continuous residence in a state or district for at least 3 months before applying.
- Be able to read, write, and speak basic English.
- Have a basic understanding of US history and government (civics).
- Be a person of good moral character.
Step 2: Prepare the Required Documents
Gather and prepare the necessary documents, which may include:
- A completed and signed Form N-400, Application for Naturalization.
- Two photographs that meet the specifications provided in the Form N-400 instructions.
- A copy of your Green Card (both sides).
- Evidence of your residency and presence in the US, such as tax returns, lease agreements, utility bills, employment records, or travel records.
- Evidence of any name changes, such as marriage certificates or court orders.
- Evidence of your good moral character, such as references or certificates of disposition for any criminal charges.
Step 3: Submit Your Application
Submit your Form N-400 and supporting documents to United States Citizenship and Immigration Services (USCIS) by mail or online, depending on the instructions for your specific situation. Pay the filing fee, which is typically a couple of hundred dollars, and don't forget to make a copy of your completed application for your records.
Step 4: Biometric Appointment
After USCIS accepts your application, you will receive a notice for a biometric appointment, where you will provide your fingerprints, photograph, and signature. This step is mandatory and helps confirm your identity and conduct background checks.
Step 5: Interview and Exam
You will be invited to a naturalization interview with a USCIS officer, during which your English proficiency and knowledge of US civics will be assessed. The officer will also review your application, ask questions about your background, and determine whether you meet all the eligibility requirements.
Step 6: Oath of Allegiance
If your application is approved, you will be invited to participate in a naturalization ceremony, where you will take the Oath of Allegiance to the United States. After taking the oath, you will receive your naturalization certificate and officially become a US citizen.
Remember that the naturalization process can vary depending on individual circumstances, and additional steps or requirements may apply. Always refer to the USCIS website or consult an immigration attorney for the most up-to-date and accurate information regarding your specific case.
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What is Form I-485 and when do I use it?
Form I-485, officially called the "Application to Register Permanent Residence or Adjust Status," is a crucial form for individuals seeking to become lawful permanent residents of the United States. This form allows eligible individuals to apply for a Green Card and adjust their status from a non-immigrant visa holder or other eligibility categories to that of a permanent resident. Here's a detailed guide to understanding Form I-485 and its use:
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Purpose of Form I-485: The primary purpose of Form I-485 is to provide a pathway for foreign nationals already in the United States to change their immigration status and obtain permanent resident status, commonly known as a Green Card. It allows them to live and work permanently in the U.S. and enjoy many of the same benefits as U.S. citizens. By submitting Form I-485, applicants can seek to transition from temporary visa status or certain eligibility categories to permanent residency.
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Eligibility for Form I-485: Not everyone is eligible to file Form I-485. To be eligible, individuals must meet specific criteria. They must have been inspected and admitted or paroled into the United States and maintain continuous residence in the country while holding a valid non-immigrant visa or be in specific eligibility categories. Examples include being an immediate relative of a U.S. citizen, a special immigrant, or eligible under the Violence Against Women Act (VAWA). Additionally, applicants must not have committed any acts that would make them inadmissible for permanent residency, such as criminal activities or immigration fraud.
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When to Use Form I-485: Form I-485 is typically used when an individual is already present in the United States and wants to adjust their status to become a permanent resident. This form is commonly used by individuals who entered the U.S. on a non-immigrant visa, such as a student visa or work visa, and now wish to remain in the country permanently. It is also used by individuals who qualify through family-based immigration, employment-based immigration, or other specific eligibility categories. Applicants must ensure that they meet the eligibility requirements and have all the necessary supporting documentation before submitting Form I-485.
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Required Documentation: Along with Form I-485, applicants must submit various supporting documents. These typically include a copy of the applicant's birth certificate, passport, and other travel documents, as well as evidence of their eligibility category (such as marriage certificates for spouses of U.S. citizens). Medical examination reports, proof of financial support, and photographs are also commonly required. Additionally, applicants may need to provide additional documents specific to their situation, such as evidence of their relationship to a U.S. citizen relative or employment offer letters.
By understanding the purpose, eligibility requirements, and documentation needed for Form I-485, individuals can effectively navigate the process of adjusting their status and taking a significant step towards becoming lawful permanent residents of the United States. It is essential to carefully review the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) and seek legal guidance if needed to ensure a complete and accurate application.
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What is Advance Parole and Reentry Permit?
Advance Parole and Reentry Permit are two types of travel documents for lawful permanent residents of the United States who are travelling or have travelled abroad and wish to return.
Advance Parole
Advance parole is a document that includes the recipient’s photograph and identification details. It is typically valid for one year and must be renewed if additional travel is planned. To use it, travellers must also present a valid foreign passport at the border. Advance parole allows you to apply for re-entry into the United States, but it does not guarantee admission.
Reentry Permit
A re-entry permit is specifically for legal permanent residents (green card holders) who plan to spend extended time outside the United States. It is generally valid for two years, allowing green card holders longer flexibility for international stays. Without this permit, prolonged absences may be seen as abandoning your permanent residency, which could lead to losing your green card. A re-entry permit looks like a U.S. passport, which can sometimes cause confusion. Unlike the single-page advance parole document, the re-entry permit is a bound booklet.
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Frequently asked questions
Lawful permanent residents (LPRs), or "green card" holders, are aliens who are lawfully authorized to live and work permanently in the United States.
The steps to become an LPR vary depending on your individual situation. You must first find the eligibility category that fits your immigration situation, then research how to apply. The Immigration and Nationality Act provides several broad classes of admission for foreign nationals to gain LPR status, including family reunification, economic and humanitarian immigrants, and immigrants from countries with relatively low levels of immigration to the US.
LPRs can accept job offers without special restrictions, own property, receive financial aid at public colleges and universities, and join the Armed Forces. They can also apply to become US citizens after five years (or three years if married to a US citizen) if they meet certain eligibility requirements.
If you plan to reside outside the US for more than a year, you must obtain prior approval from US Citizenship and Immigration Services (USCIS) in the form of a re-entry permit. Remaining outside the US for more than a year without this approval may result in a loss of LPR status.
You can renew or replace your Permanent Resident Card (also known as a Green Card) using Form I-90.
