Green Card Information
Applying for a permanent resident card, commonly called a "Green Card", is one of the first steps to take for a non-citizen to become United States citizen. A green card allows a person to live in the U.S. Obtaining one can lead to many of the rights that citizens enjoy, such as the right to work and the right to vote.
A non-citizen can apply for a green card under several different categories, such as work visas or marriage visas. The application process can involve long wait periods and several documents, so it is best to contact a lawyer to ensure early and accurate filing.
U.S. Immigration Agencies
If you have been living in America for a while, you may be used to referring to the immigration department as the "INS", or Immigration and Naturalization Services. In 2002, the functions performed by the INS were transferred to a branch of the Department of Homeland Security known as the Bureau of Citizenship and Immigration Services or "BCIS" (sometimes also "USCIS").
Hearings regarding deportation and investigations of illegal immigrants are now conducted by the Immigration and Customs Enforcement, or "ICE" for short.
So instead of hearing about the "INS", you will be hearing more and more people refer to the "BCIS" or "ICE" when talking about immigration issues.
Categories for Applying for Green Cards
The BCIS divides applicants for green cards into several different categories, depending on the nature of their migration and any sponsors who petition them. Each category is associated with a different waiting period. This is because the agency puts a limit or "quota" on the number of visas issued for each category every year.
Visas that are in high demand (such as family associated visas) have a longer waiting period because the BCIS issues less of these per year. Waiting periods can be anywhere from a number of months to several years. Some of the green card categories are:
- Family Member or Close Relative Visas- Relatives of U.S. Citizens may apply for permanent residence visas. This involves a U.S. citizen petitioning their relative. This category is further divided into sub-categories based on an order of "preference". These include:
- Immigrants who are married to U.S. citizens
- Unmarried children of U.S. citizens under 21 years old
- Married children of U.S. citizens over 21 years old
- Parents of U.S. citizens
- Step-children and step-parents of U.S. citizens
- Children adopted by a U.S. citizen
- Employment Visas- also known as a "work visa", these are based on skills and work experience that satisfy various employment criteria. Work visas are also divided into categories of preference associated with a yearly quota
- Marriage or Fiancé Visas- Non-citizens who are married or engaged to a U.S. citizen may apply for a green card. These visas are subject to more rigorous procedures and involve proof that the couple is actually married or engaged. Spouses of citizens can obtain a "conditional permanent residence" visa that allows them to live in the U.S. while green card applications are being processed
- Illegal Aliens who have been Long-term Residents in the U.S- In extremely limited cases, aliens who have illegally resided in the U.S. can sometimes be granted a green card so long as:
- Their immediate family members are citizens of the U.S.
- The person and their family would be subjected to extreme hardship if ordered for deportation
- They otherwise have good legal standing despite their illegal residence (no criminal charges or outstanding warrants)
When applying for a green card under one of the above categories, be mindful of wait periods and quotas, which can change quite frequently. Visit the BCIS website to view a schedule of quotas and wait periods.
Also, if you are applying under the illegal resident category, please be aware that an application will reveal your illegal residency and may have the undesired result of deportation.
Applying for a Green Card
There are several steps in applying for a green card. The different green card categories involve different procedures for applying.
For example, some of the preference categories under the close relative visa allow for a "streamlined" application, wherein you may file all papers at once. Other categories require that you provide the information in various steps with waiting periods in between. Double check your application category for specific procedures.
The basic steps for application are:
- Identify a sponsor who will be responsible for petitioning your case. Depending on the visa category, a sponsor will usually either be a family member, spouse, or an employer. They must already be a U.S. citizen.
- Obtain the proper application form that corresponds to your green card category. You can obtain forms at BCIS website and file them at a U.S. consulate or embassy.
- Provide the necessary documents, fees and photographs as they are requested.
Your application will be subject to a rigorous background check to determine if you are "inadmissible". Things that might make a person inadmissible are:
- Criminal records, especially those involving multiple felonies or crimes of moral turpitude
- Mental, physical, or emotional disorders
- Any type of behavior or actions that might be deemed "subversive" (i.e., seeking to overthrow the government of your home country)
Required Information and Documents for Application
You will be required to provide the immigration authorities with several documents in order to obtain a green card. The level of detail of information required will vary depending on the category, but some requirements are:
- Identification documents such as a birth certificate
- Valid passport
- Other certificates such as a marriage, divorce, or death certificates as requested
- Fingerprints
- Photograph- must be 2x2 inches, clearly visible, and must not obstruct face with objects such as headgear
- Documentation of previous places of residence
- Verification of financial support or financial capability
- Proof of employment and statement of your job position and skills (for work visas)
- If you are already located in the U.S., any existing visas you may currently have such as a temporary visa
- If you are filing under the marriage or fiancé categories, proof that you are actually married to or engaged to the U.S. citizen. This may include such things as photographs of the two of you together, or travel receipts showing that the citizen visited the applicant
Be aware that you may also be subjected to a number of interviews, and the agency may sometimes require additional documentation. Immigration agents are granted access to your criminal record (if you have one) for a period of up to 5 years prior to your application.
Points to Consider
If you will be applying for a green card, or are a U.S. citizen who will be petitioning a non-citizen, be sure to remember the following points when reviewing your application:
- Immigration laws and authorities are by necessity very strict. A great deal of your future is dependant on your application, so be sure to be completely truthful and accurate in your statements and documents
- Be familiar with the various immigration agencies such as the BCIS and ICE
- Determine which category of green card will be most suitable to your specific situation. Although you may qualify for several categories, you are allowed to file under only one
- Be sure your application is complete; any errors or omissions can result in delay or even denial of your application
- Consider hiring a lawyer who can help you in preparing the necessary documents and requirements. They can also keep you updated on the latest changes in immigration quotas and laws