Cameron Miranda
Lawful permanent residents (LPRs) in the US, also known as green card holders, are individuals who are legally permitted to live and work in the country permanently. They are typically immigrants who have been granted the privilege of permanent residency by the US government. The process of obtaining a green card involves several steps, including obtaining an immigrant visa number, filing various forms, undergoing background checks, and paying fees. LPRs have certain rights and benefits, such as the ability to work without restrictions, own property, and petition for their close family members to join them in the US. They can also apply for US citizenship after a certain period.
| Characteristics | Values |
|---|---|
| Status | Can live in the US permanently |
| Rights | Can work without restrictions, own property, receive financial assistance, and join the armed forces |
| Rights not included | Cannot vote in US elections, may be prevented from some activities exclusive to citizens such as certain jobs or scholarships |
| Application process | Via petition by a family member who is a US citizen or LPR, through unique employment or skills, or by being granted a green card via the diversity visa lottery |
| Requirements | Must have lived in the US for five years with limited exceptions |
| Additional benefits | Can petition for residency for immediate family members |
| Limitations | May lose status by spending extended periods outside the US or by violating certain laws |
| Path to citizenship | Can become a US citizen after five years of permanent residency, or three years if married to a US citizen |
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What You'll Learn
Family sponsorship
If you are a U.S. citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card (also known as a Green Card). To do this, the person you are sponsoring must first apply for a family-based immigrant visa. There are two categories of this type of visa: one for close relatives of U.S. citizens (spouses, unmarried children under 21, or parents), and one for other relatives (such as eligible children or siblings).
For close relatives of U.S. citizens, there is an unlimited number of visas available. This includes F2A visas for spouses and unmarried children under 21 of legal permanent residents. For other relatives, F1 visas are available for unmarried children who are 21 or older.
If your family member is outside the U.S., the first step of the immigration visa process is to submit Form I-130, Petition for Alien Relative. If you are currently in the U.S., you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This form should be filed together with Form I-130.
It's important to note that to be eligible for a Green Card as a family preference immigrant, certain requirements must be met. These include being present in the U.S. after being "inspected and admitted" or "inspected and paroled" by an immigration officer, with some limited exceptions. Additionally, the relationship with the family member who filed Form I-130 must still exist, and none of the applicable bars to adjustment of status should apply.
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Employment or skills
Lawful Permanent Residence (LPR) status gives you the right to live and work in the United States on a permanent basis. LPRs enjoy similar rights as citizens, including working without special restrictions, owning property, receiving financial assistance, and joining the armed forces. They also have to file income taxes similar to citizens.
There are several ways to become an LPR, one of which is through unique employment or skills that are recognized as beneficial to the U.S. This means that if you possess specialized skills or qualifications that are in high demand or are considered valuable in the U.S., you may be eligible for LPR status. This could include skills in fields such as science, technology, engineering, mathematics, medicine, or other areas where there is a recognized need or shortage of skilled workers.
Additionally, certain employment categories may be considered for LPR status. For example, individuals with expertise in specific industries or occupations that are deemed beneficial to the U.S. economy or society may be eligible. This could include fields such as business, entrepreneurship, innovation, or other areas that contribute to economic growth and development.
It is important to note that while employment or skills can be a pathway to LPR status, there may be other requirements and considerations as well. For instance, the specific criteria for what constitutes a beneficial skill or employment category may vary and be subject to change over time based on the needs of the U.S. economy and labor market.
Furthermore, the process of applying for LPR status through employment or skills may involve providing evidence and documentation to support your qualifications or expertise. This could include educational degrees, professional certifications, letters of recommendation, proof of work experience, or other relevant documents that demonstrate your skills and their potential benefit to the United States.
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Diversity visa lottery
The Diversity Immigrant Visa program, also known as the Green Card Lottery, is a United States government program that provides 55,000 immigrant visas annually. The program aims to diversify the immigrant population in the United States by selecting applicants from countries with low historical rates of immigration to the United States. The program is administered by the Department of State and conducted under the Immigration and Nationality Act (INA).
The Diversity Visa was established by the Immigration Act of 1990, which was passed with bipartisan support and signed by President George H. W. Bush. The Act established a permanent Diversity Visa (DV) program where 55,000 immigrant visas are available annually through a lottery system. The number of visas available through the DV program has been reduced in some years to compensate for the number of immigrants under other programs, such as the NACARA program and the National Defense Authorization Act for Fiscal Year 2024. As a result, the number of visas available through the DV program was reduced to 50,000 from fiscal years 1999 to 2019, about 54,800 from 2020 to 2024, and about 51,350 in 2025.
To be eligible for the DV lottery, applicants must have been born in an eligible country. Specifically, they must have been born in a country that sent less than 50,000 immigrants to the United States over the past five years. There is some variation in the eligible countries each year, but countries that send large numbers of immigrants to the United States, such as Canada, China, India, Mexico, and the United Kingdom, are never on the list of eligible countries. Additionally, applicants must have at least a high school degree or at least two years of work experience within the past five years in a profession that requires at least two years of training. There are also other ways to qualify for the Diversity Visa if your native country is not eligible. For example, applicants can choose their spouse's birth country on their application if their spouse was born in an eligible country. Alternatively, if neither of the applicant's parents were legal residents in their country of birth, they can choose their mother or father's country of birth.
The Diversity Visa Lottery offers a unique opportunity for individuals and families to obtain permanent residency in the United States, even if they do not have family or employment ties. More than 22 million people apply for the lottery each year, and only those selected must pay a fee to continue the process. Applicants can check online to see if they have been selected and can use the Entrant Status Check portal to see if they have won.
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Human rights infringements
Lawful Permanent Residence (LPR) status can be granted to individuals facing certain human rights infringements in their home countries. This is one of several ways to obtain LPR status, which grants immigrants/non-citizens the right to live and work in the United States on a permanent basis. LPRs enjoy similar rights to citizens, including the ability to work without special restrictions, own property, receive financial assistance, and join the armed forces. However, they do not have the right to vote in U.S. elections and may be excluded from some activities exclusively for citizens, such as specific jobs or scholarships.
LPR status can be obtained through various pathways, including family sponsorship, unique employment or skills recognised as beneficial to the U.S., and the "diversity visa lottery" system. Immediate relatives of U.S. citizens, such as spouses, parents, children, or siblings, can sponsor family members for LPR status without any waiting period. For other relatives, there may be longer waiting periods, and the number of green cards available each year for these categories is limited.
Individuals facing human rights infringements in their home countries may be granted LPR status in the United States as a form of protection. This could include individuals facing persecution or those whose fundamental rights are violated in their home countries. By granting LPR status, the United States offers a safe haven and permanent residence to those at risk. This pathway recognises the importance of upholding human rights and providing opportunities for individuals seeking a better life free from rights abuses.
The process of obtaining LPR status due to human rights infringements may involve demonstrating evidence of the abuses faced in the applicant's home country. This could include documentation, testimonies, or other forms of evidence that substantiate the claims of rights violations. The specific criteria and eligibility requirements may vary, and it is advisable to seek legal assistance to navigate the process effectively.
While LPR status provides a pathway to permanent residence, it is important to note that it can be revoked. LPRs must comply with certain conditions, including not spending extended periods outside the U.S. and adhering to the country's laws. Violating certain laws or extended absences from the country could result in the loss of LPR status and potential deportation. Therefore, upholding the rights and responsibilities associated with LPR status is crucial to maintaining this residence status.
After obtaining LPR status and residing in the United States for a specified period, individuals can apply for naturalisation to become U.S. citizens. This process typically requires living in the country for five years as an LPR or three years if married to a U.S. citizen. Citizenship grants full rights and privileges, including the right to vote and access to all benefits and opportunities available to citizens of the United States.
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Already in the US under another status
Lawful Permanent Residence (LPR) status can be obtained by immigrants already in the US under another status. LPR status grants immigrants the right to live and work in the US permanently, declaring the US as their residence. LPRs have similar rights to citizens, including the right to work without restrictions, own property, receive financial assistance, and join the armed forces. They are also required to pay income taxes like citizens. However, LPRs cannot vote in US elections and may be excluded from certain activities and benefits reserved for citizens, such as specific jobs or scholarships.
There are several pathways to obtaining LPR status for those already in the US. One common way is through family sponsorship. Immediate relatives, such as spouses, parents, children, or siblings, who are US citizens or existing LPRs, can petition for residency for their family members. There is no cap on the number of green cards available for immediate relatives, so they can apply concurrently for an immigrant visa petition and a green card with no waiting period. However, if the sponsoring family member is not an immediate relative, there may be a longer waiting period, and the number of green cards issued in this category is limited each year.
Another way for individuals already in the US to obtain LPR status is through their unique employment or skills that are recognised as beneficial to the country. Additionally, individuals from countries with limited historical US immigration or those facing specific human rights violations may be eligible for LPR status.
It is important to note that LPR status, while permanent, can be revoked by immigration authorities if an LPR spends extended periods outside the US without a return card or violates certain laws, including criminal laws. LPRs who wish to become US citizens must live in the country for at least five years (or three years if married to a US citizen) before applying for naturalisation.
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Frequently asked questions
A lawful permanent resident (LPR) is an individual who is lawfully authorized to live permanently in the United States but remains a citizen of another country. LPRs are often referred to as "green card" holders.
To become an LPR, you must first obtain an immigrant visa number. You will then need to complete and file various forms with the U.S. Citizenship and Immigration Services (USCIS) and pay a filing fee, which is usually $1,010. You may also be required to submit to an FBI fingerprint background check and a medical examination.
LPRs can live and work in the U.S. permanently, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They can also petition for close family members, such as their spouse and unmarried children, to receive permanent residence and join them in the U.S. LPR status is also a necessary step towards becoming a naturalized U.S. citizen.
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