Becoming A Lawful Us Resident: The Essential Guide

how do you become a lawful resisdent of the us

To become a lawful permanent resident of the US, you must obtain a green card, which grants you the right to live and work in the US indefinitely.

The process of becoming a lawful permanent resident is commonly known as getting your green card. As a lawful permanent resident, you can live and work permanently in the US, as long as you do not commit any crimes or acts that would make you removable from the country under federal immigration laws.

To obtain a green card, you must first have an immigrant visa number. The number of immigrant visa numbers available each year is limited, so you may have to wait years before receiving one. Once you have your visa number, you'll need to complete and file various forms with the US Citizenship and Immigration Services (USCIS), including two colour photographs taken within the last 30 days. You may also have to pay a filing fee, which is usually $1,010, though this can vary depending on your age and circumstances.

After submitting your application, you'll be required to submit to an FBI fingerprint background check and, in most cases, a medical examination by a USCIS-approved civil surgeon. You'll then be invited to a USCIS office for an interview, where you'll answer questions about your application.

While you wait for your application to be approved, you can apply for a work permit and, if you receive advance permission, you can leave the country. This is called advance parole.

Once you have your green card, you can use it to re-enter the US. You will also need to carry the passport of your country of citizenship, as permanent residents remain citizens of another country.

Characteristics Values
Age 18 or over
Lawful permanent resident For at least 5 years
Continuous residence in the US For at least 5 years
Physical presence in the US For at least 30 months out of the 5 years
Residence in a state or USCIS district For at least 3 months
Good moral character Demonstrated
Attachment to the principles and ideals of the US Constitution Demonstrated
English language skills Basic reading, writing and speaking skills
Understanding of US history and government Demonstrated
Oath of Allegiance to the US Taken

lawshun

Hold an immigrant visa number

To become a lawful resident of the US, you must first hold an immigrant visa number. There are two types of US visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live and work permanently in the US. Nonimmigrant visas are for foreign nationals who wish to enter the US on a temporary basis.

An immigrant visa is issued to a foreign national who intends to live and work in the US permanently. In most cases, a relative or employer sponsors the individual by filing an application with US Citizenship and Immigration Services (USCIS). Certain applicants, such as workers with extraordinary ability, investors, and certain special immigrants, can petition on their own behalf. The application is then forwarded to the appropriate US Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible.

The intending immigrant must present the immigrant visa at a US port of entry before its expiration. Once the immigrant visa and accompanying paperwork have been reviewed and endorsed by a Customs and Border Protection (CBP) Officer, the intending immigrant becomes a lawful permanent resident.

To be eligible for an immigrant visa, you must meet certain requirements. These include:

  • Having a relative or employer sponsor your application
  • Being a worker with extraordinary ability, an investor, or a special immigrant (in which case you can petition on your own behalf)
  • Presenting your immigrant visa at a US port of entry before its expiration

lawshun

Complete and file forms with the USCIS

To become a lawful permanent resident of the US, you will need to complete and file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for lawful permanent resident status if you are in the United States.

You can file Form I-485 online or by mail. If you are filing by mail, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, your form may be rejected.

You will need to pay a filing fee when you submit Form I-485. You can pay the fee with a money order, personal check, cashier's check, or pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

It is important to note that filing fees are final and non-refundable, and you cannot dispute the payment if you pay by credit or debit card.

In addition to Form I-485, you may also need to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record. This form must be submitted with Form I-485; otherwise, your application may be rejected.

You can find more information about the required forms and filing instructions on the USCIS website.

The Bill's Journey: A Law is Born

You may want to see also

lawshun

Pay the filing fee

Paying the filing fee is a crucial step in the process of becoming a lawful resident of the US. The US Citizenship and Immigration Services (USCIS) requires a fee for many immigration forms, and failure to submit the correct fee will result in the rejection of the form. The fees vary depending on the type of visa or application and are subject to periodic adjustments. For instance, the fee for a marriage green card (Form I-130/I-485) can be up to $3005, while the fee for a K-1 fiancé visa (Form I-129F) is $675. It is important to note that USCIS does not accept all forms of payment from abroad, and applicants should refer to the appropriate international USCIS office or the US Embassy or Consulate for payment information.

When filing a form with USCIS, there are specific instructions to follow regarding payment methods. If filing from inside the US, payments can be made online using a card or bank withdrawal, or by mail with a card, check, bank draft, or money order. It is important to note that USCIS only accepts cards issued by US banks and does not support payment by gift cards. Additionally, each filing fee must be paid separately, and a single payment method must be used for each application, such as a personal check or credit card. USCIS also requires that checks be dated within the previous 365 days and be made payable to the "U.S. Department of Homeland Security".

USCIS provides resources to help applicants with the payment process, such as the Fee Calculator, which determines the exact filing and biometric services fees for forms processed at a USCIS Lockbox facility. The USCIS website also offers instructions for completing the required payment authorization form, Form G-1450, Authorization for Credit Card Transactions. This form must be submitted along with the application when paying with a credit, debit, or prepaid card.

It is important to note that filing and biometric service fees are final and non-refundable, even if the application is rejected or withdrawn. However, USCIS has established a fee waiver process for certain forms and benefit types for applicants who are unable to pay the filing fees.

lawshun

Submit to an FBI fingerprint background check

To submit to an FBI fingerprint background check, you will need to follow a few steps. Firstly, you will need to download and print two forms: FD-1164 and form-I-783. You will then need to carefully follow the instructions to take your fingerprints and fill out the forms. Make sure to sign both documents.

The next step is to include a payment of $18, following the instructions on the I-783 form. After that, you will need to mail the request to the FBI CJIS Division, again following the instructions on the I-783 form. You will need to use a return address that is inside the United States.

If you are already living abroad, you can request your FBI criminal background check by mail. This involves submitting two forms: FD-1164 and the Identity Request Form, as well as an additional Applicant Information Form. You can take your fingerprints at a local police station, placing them on the FD-1164 form, or you can do this yourself, being careful to follow the instructions carefully.

There is an $18 fee to retrieve your FBI criminal background check, which can be paid by credit card or money order. If paying by credit card, you must fill out the Credit Card Payment Form and include it with your other forms.

You can then mail all of the necessary forms and payment to the following address:

> FBI CJIS Division – Summary Request

> 1000 Custer Hollow Road

> Clarksburg, WV 26306

You will receive your report via first-class US Postal Service mail within three to five weeks, depending on your location. There may also be an additional international shipping fee.

It is important to note that the process of obtaining an FBI background check from abroad can be slower and more challenging than if you were in the United States.

lawshun

Submit to a medical examination

To become a lawful resident of the US, you will need to pass a medical examination to show that you are not inadmissible to the US on health-related grounds. This is a requirement for all applicants, regardless of age.

Arranging a Medical Examination

You will need to pay a fee for the exam, the cost of which is determined by the physician. In the US, the doctors who can perform the exam are known as "civil surgeons". You can find a list of approved civil surgeons on the USCIS website or by calling the USCIS Contact Center. Overseas, the doctor is known as a "panel physician", and you can find one by checking with the relevant embassy or consulate.

What to Bring to the Appointment

  • Exam fee (typically between $130 and $450 in the US)
  • Medical insurance card (if in the US)
  • Copies of prior medical records, immunisation or vaccination records, and chest X-rays (if you have them)
  • Certificate from your doctor describing the circumstances, treatment, and duration of any positive skin test for tuberculosis
  • Written certification from your doctor including the diagnosis, duration of treatment, and prognosis if you have been treated or hospitalised for psychiatric or mental illness, or alcohol or drug abuse
  • List of diagnoses and medication names, or a doctor's certificate describing any chronic medical conditions and current treatment plan and prognosis
  • Professional report describing your condition and any special educational or supervision requirements if you have an intellectual or learning disability
  • Government-issued photo identification, such as a valid passport, driver's license, laissez-passer, or travel document
  • Copy of your consular interview appointment notice (if applying from overseas)
  • Copy of your "Immigrant Visa and Alien Registration Application" confirmation page (if applying from overseas)
  • Passport photos (the number required depends on where you're applying from)
  • Printed copy of USCIS Form I-693 (if applying in the US)

What the Medical Examination Involves

The medical examination is more like a screening exam than a regular physical check-up. It is designed to see whether it is safe to allow you into the US, so you do not have to be in perfect health, but you must not have any serious or communicable diseases, mental disorders, or drug problems.

The doctor will ask for your medical history, including any time you have been in hospital, had to be institutionalised for a chronic condition, or been seriously ill or disabled. They will ask specific questions about psychoactive drug and alcohol use, as well as any history of harmful behaviour or psychiatric illness not documented in your medical records. They will also review chest X-rays and treatment records to check for tuberculosis.

The doctor will then give you a physical examination, which will include checking your eyes, ears, nose, throat, extremities, heart, lungs, abdomen, lymph nodes, skin, and external genitalia. They will also perform a mental status examination, assessing your intelligence, thought, comprehension, judgment, affect, mood, and behaviour.

Any necessary tests will be carried out to diagnose or confirm suspected diagnoses of diseases that could make you inadmissible. This usually includes a blood draw and chest X-rays.

Validity of Medical Examination Results

If you are applying from overseas, your medical examination results will be valid for six months. If you are applying from within the US, your results will be valid indefinitely, according to a 2024 USCIS policy. However, USCIS can always order you to supply additional evidence or have a later exam done if they suspect you have since developed a medical ground of inadmissibility.

Frequently asked questions

A lawful permanent resident is a non-US citizen who has been granted permission to live and work in the US on a permanent basis. Lawful permanent residents are also known as 'green card' holders.

There are several steps to becoming a lawful permanent resident. First, you must obtain an immigrant visa number. Then, you must complete and file various forms with US Citizenship and Immigration Services (USCIS), including two colour photographs taken within the last 30 days. You will also need to pay a filing fee, unless you are under 14, over 80, or were admitted to the US as a refugee. You will then be required to submit to an FBI fingerprint background check and a medical examination. After submitting your application, you will be invited to a USCIS office for an interview, where you will answer questions about your application.

Lawful permanent residents can remain outside of the US for up to one year without losing their resident status. US government personnel and their spouses and minor children who hold lawful resident status may remain outside of the US for the duration of an official overseas assignment plus four months. Lawful permanent residents who wish to remain outside of the US for longer than one year must obtain a re-entry permit or a new immigrant visa.

Lawful permanent residents who have held this status for at least five years can apply for naturalisation. To be eligible, you must: be at least 18 years old; demonstrate continuous residence in the US for at least five years; be physically present in the US for at least 30 of those 60 months; show that you are a person of good moral character; demonstrate an attachment to the principles and ideals of the US Constitution; be able to read, write and speak basic English; and pass a civics test.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment