A US permanent resident card, commonly known as a green card, grants foreign nationals the legal right to live and work permanently in the United States. It is issued to individuals through family sponsorship, employment-based petitions, humanitarian programs or the Diversity Visa Lottery. Green card holders enjoy many of the same rights as US citizens, such as the ability to work without restrictions, own property and access certain social benefits. However, they do not have the right to vote in federal elections.

Applying for a green card requires meeting strict eligibility criteria and going through an extensive approval process. Once granted, holders must maintain their status by residing primarily in the US and avoiding legal violations that could lead to revocation. Extended travel abroad may be seen as abandoning residency, making it important to take precautions such as applying for a reentry permit if necessary.

Green cards must be renewed every ten years, and conditional residents must file additional paperwork to remove restrictions on their status. After five years, or three years for those married to US citizens, permanent residents may apply for naturalization to become US citizens.

The following guide sets out the eligibility and application requirements for non-US nationals wanting to settle in the USA by applying for a US permanent resident card.

 

What is a US permanent resident card?

 

A lawful permanent resident is someone who has been granted the right to live and work in the United States indefinitely. Permanent residents are given what’s known as a Green Card – a photo ID card that proves their status, officially known as a US permanent resident card.

As the holder of a US permanent resident card you will also have the right to petition for close family members, ie; your spouse and any unmarried children, for the grant of permanent residence to enable them to join you in the States.

However, as a permanent resident you will still remain the citizen of another country. As such, every time you travel outside the United States you must carry the passport of that country with you, as well as your US permanent resident card .You will also need to produce your resident card to re-enter the USA.

Further, if you leave the US with the intention of making your home elsewhere, or for a period exceeding 12 months, you run the risk of being treated as having abandoned your residence and losing your US permanent resident card.

 

Who is eligible for a US permanent resident card?

 

US immigration laws provide a variety of ways for immigrants to apply for a US permanent resident card. The eligibility requirements may vary, however, depending on the immigrant category you are applying under.

Typically, you will need to be sponsored for a resident card through family already living in the United States or by a US employer. By way of example, you may be eligible to apply as the immediate relative of a US citizen, such as a spouse or unmarried child under the age of 21. You may also be eligible as the relative of a lawful permanent resident under one of the family-based preference categories.

Similarly, under the employment-based route, there are various preference-based categories depending on the nature of the work involved and your skill.

Having identified a relevant category, you will need to satisfy the criteria specific to that category, for example, the appropriate level of family relationship. You will also need to ensure that you do not all foul of any of the general grounds of inadmissibility, for example, you have not previously breached any immigration laws and you are able to adequately provide for yourself.

 

How do I apply for a US permanent resident card?

 

The steps you must take to apply for a US permanent resident card will vary depending on your individual situation. Most people who apply for a resident card will need to complete at least two forms: an immigrant petition and a green card application (Form I-485).

Someone else, such as a relative or employer, must usually file the petition on your behalf with US Citizenship and Immigration Services (USCIS), often referred to as sponsoring or petitioning for you, although in some limited cases you may be eligible to file for yourself. The most common forms include Form I-130, Petition for Alien Relative and Form I-140, Immigrant Petition for Alien Worker.

After USCIS approves the immigrant petition, you will then be required to file your visa application. You will need to attend a biometrics appointment to provide fingerprints, photos and a signature, as well as attending an interview before receiving a decision on your application.

Please note, the wait and processing times for US permanent resident card applications can vary greatly depending on whether there are visas available in your category, from several weeks to even several years.

 

US permanent resident card rights & responsibilities

 

A US Permanent Resident Card, commonly called a green card, grants foreign nationals the legal right to live and work permanently in the United States. Green card holders enjoy many privileges similar to US citizens, but they must also comply with specific legal obligations. Failing to meet these responsibilities can result in the loss of permanent residency.

Green card holders have the right to live and work anywhere in the United States without restrictions. They are protected under federal, state, and local laws and can own property, operate a business, and access public education. They may sponsor certain family members for their own green cards and, in some cases, qualify for government benefits such as Social Security and Medicare after meeting eligibility requirements. Permanent residents may serve in the US military under specific conditions and can apply for US citizenship after meeting residency and eligibility criteria.

With these rights come important responsibilities. Permanent residents must obey all US federal, state, and local laws, including tax laws, and report worldwide income to the IRS. Males between the ages of 18 and 25 are required to register with the Selective Service. Green card holders must maintain residency by living primarily in the United States. Extended stays abroad can be seen as abandoning residency, especially if the absence exceeds six months. If a green card holder plans to be outside the United States for more than a year, applying for a reentry permit is advised. Green card holders over the age of 18 are required by law to carry proof of their permanent residency at all times.

A green card is typically valid for ten years and must be renewed before it expires. Conditional green cards, issued in cases such as marriage-based residency, are valid for only two years. Conditional residents must file a petition to remove conditions before their card expires. To renew a green card, applicants must file Form I-90, pay the required fee, and in some cases, attend a biometric appointment. Processing times can vary, so renewal should be initiated at least six months before expiration. A valid green card is necessary for travel, employment, and proving legal status in the United States.

If a green card is lost or stolen, it must be replaced immediately. Those inside the United States must file Form I-90 with USCIS and may request a temporary I-551 stamp at a local USCIS office while waiting for the replacement. If the green card is lost or stolen while outside the United States, the permanent resident must apply for a travel document, known as a Boarding Foil, at the nearest US embassy or consulate before reentering the country.

Permanent residency is not unconditional and can be lost. Extended travel outside the United States without maintaining ties can result in the loss of residency due to abandonment. Certain criminal offenses, including fraud, drug-related crimes, and aggravated felonies, can lead to deportation. Immigration fraud, such as obtaining a green card through misrepresentation, can result in revocation. Failing to file US taxes as a resident or filing as a nonresident can also raise concerns about whether permanent residency is being maintained. Actions that threaten national security or violate immigration laws may lead to removal proceedings. Conditional residents who fail to remove conditions before their two-year green card expires will also lose their status.

A US Permanent Resident Card provides stability, work authorization, and access to various benefits. However, maintaining status requires compliance with immigration laws, timely renewals, and awareness of travel restrictions. Those planning to live in the United States permanently may consider applying for US citizenship, which grants full rights and eliminates concerns about losing permanent resident status.

How does a US permanent resident card differ to US citizenship?

 

The terms “permanent resident” and “US citizen” are often used interchangeably, although in reality they mean completely different things and refer to different status under US immigration law. Permanent residency simply confers on you the right to live and work legally in the United States on an indefinite basis.

It does not, however, offer the same security or rights as US citizenship. Typically obtained through the process of naturalization, US citizenship allows you to share equally in the rights and privileges of other US citizens.

As a naturalized US citizen you will have the ability to travel with a US passport, participate on a jury, vote in US federal and local elections, obtain certain state and federal benefits not available to non-citizens, be eligible for federal and certain law enforcement jobs, obtain citizenship for minor children born abroad, and expand and expedite your ability to bring close family members to the United States. You will even be able to run for elective office where citizenship is required.

In stark contrast, however, these rights are not conferred on the holder of a US permanent resident card. In particular, although US immigration law allows certain foreign nationals who are family members of lawful permanent residents to get a green card based on specific family relationships, these relatives will fall into what’s known as the “family-based preference” categories.

As such, unlike immediate relatives of US citizens, there can be extremely long waiting times, several years in many cases, because there are only limited numbers of visas issued each year in these categories.

 

When can I apply for US citizenship?

 

People can become US citizens by birth in the United States or, in some cases, through US citizen parents, although for the green card holder citizenship is typically obtained through the process of naturalization.

As the holder of a US permanent resident card, you can apply for naturalization after a certain length of time, five years in most cases. However, you must also be able to satisfy various other criteria, including the following:

 

• You must be able to read, write and speak English.
• You must be able to demonstrate a basic understanding of US history and government, otherwise known as civics.
• You must be a person of good moral character.
• You must demonstrate an attachment to the principles and ideals of the US Constitution.

 

If you satisfy the English and civics requirements, together with all the other relevant eligibility criteria, you will then be required to take an oath of allegiance at a public ceremony, thereby accepting certain obligations of US citizenship, at which stage you will officially become a US citizen.

 

Need assistance?

 

NNU Immigration’s specialist US immigration attorneys can help with all Green Card applications, including advice on eligibility and the application process.

If you have a specific question or require support with your application, please get in touch contact us.

 

US permanent resident card FAQS

What is a US Permanent Resident Card?

A US Permanent Resident Card, also known as a green card, allows a foreign national to live and work permanently in the United States. It serves as proof of lawful permanent resident status and provides many of the same rights as US citizens, except for voting in federal elections.

 

How can I get a US Permanent Resident Card?

There are several ways to obtain a green card, including sponsorship by a US citizen or permanent resident family member, employment-based petitions, refugee or asylum status, the Diversity Visa Lottery, and certain special immigrant programs.

 

How long is a US Permanent Resident Card valid?

Most green cards are valid for 10 years and must be renewed before they expire. Conditional green cards, issued to certain categories like marriage-based applicants, are valid for two years and require an additional petition to remove conditions.

 

Can I travel outside the US with a green card?

Green card holders can travel abroad, but extended absences may raise concerns about abandonment of residency. Trips longer than six months may require proof of intent to maintain permanent residence, and stays over one year generally require a reentry permit.

 

Can a green card holder apply for US citizenship?

Most green card holders can apply for US citizenship through naturalization after five years of continuous residence. Spouses of US citizens may be eligible after three years if they meet all requirements.

 

What happens if my green card expires?

An expired green card does not mean you lose permanent resident status, but it may create difficulties when traveling, applying for jobs, or proving your legal status in the US. It is recommended to file for renewal well before the expiration date.

 

Can I lose my US Permanent Resident Card?

A green card can be revoked if a permanent resident commits certain crimes, violates immigration laws, or is found to have abandoned residency by living outside the US for extended periods without maintaining ties.

 

How do I renew my US Permanent Resident Card?

To renew a green card, file Form I-90, Application to Replace Permanent Resident Card, with USCIS. The process includes paying a fee, submitting biometric data, and waiting for approval. Processing times vary but typically take several months.

 

What is the difference between a conditional and permanent green card?

A conditional green card is valid for two years and is issued in cases such as marriage-based residency when the marriage is less than two years old at the time of approval. To transition to permanent residency, the holder must file Form I-751 to remove conditions before the card expires.

 

Can I work in the US with a green card?

Green card holders are authorized to work for any employer in the US without needing a separate work permit. Some government jobs may require US citizenship.

 

Glossary

 

 

Term	Definition
US Permanent Resident Card	Also known as a green card, this document grants lawful permanent resident status, allowing a foreign national to live and work in the US indefinitely.
Green Card	A commonly used term for the US Permanent Resident Card, which proves an individual’s legal right to live and work in the US permanently.
Lawful Permanent Resident (LPR)	A non-US citizen who has been granted the right to live and work permanently in the US.
USCIS (US Citizenship and Immigration Services)	The government agency responsible for processing immigration applications, including green card petitions, renewals, and naturalization.
Adjustment of Status	The process of applying for a green card while already present in the US, without needing to leave the country.
Consular Processing	The process of applying for a green card through a US embassy or consulate in a foreign country.
Family-Based Green Card	A green card obtained through sponsorship by a US citizen or permanent resident family member.
Employment-Based Green Card	A green card obtained through a US employer’s sponsorship, typically for skilled workers, investors, or individuals with extraordinary ability.
Diversity Visa Lottery	A program that grants green cards to individuals from countries with low immigration rates to the US through a random selection process.
Refugee or Asylee Status	A status given to individuals who have been granted protection in the US due to persecution in their home country, allowing them to apply for a green card after one year.
Conditional Green Card	A temporary two-year green card issued in cases like marriage-based residency. Holders must apply to remove conditions before it expires.
Reentry Permit	A document that allows permanent residents to remain outside the US for up to two years without abandoning their status.
Public Charge Rule	A policy that evaluates whether an applicant is likely to become financially dependent on US government assistance when applying for a green card.
Visa Bulletin	A monthly publication by the US Department of State that indicates visa availability for family and employment-based green card applicants.