A legal permanent residence in the United States , known informally as having green card , is the immigration status of the person authorized to live and work in the United States permanently. Green cards are valid for 10 years for permanent residents, and 2 years for residents remain conditional. After this period, the card must be updated or replaced. The application process may take several years. An immigrant usually has to go through a three-step process to obtain a permanent residence that includes petitions and processing.
United States permanent resident card (USCIS I-551 Form), formerly known as Alien Registration Card or Alien Reception Card (Form INS I-151), is an identity card showing the permanent resident status of a foreigner in the United States.. Because of its green design from 1946 to 1964, it was unofficially known as a "green card", a nickname that it retained even after its color changed. The card was returned to green in 2010. The "green card" also refers to the immigration process being a permanent resident. The green card serves as evidence that its holder, a legal permanent resident (LPR), has been formally granted immigration benefits, including permission to stay and take employment in the United States. Holders must maintain a permanent resident status, and may be removed from the United States if certain conditions of this status are not met.
Green cards were previously issued by Immigration and Naturalization Services (INS). The 2002 Domestic Security Act (Pub L. No. 107-296, 116 Stat. 2135) dismantles the INS and separates the former into three components within the Department of Homeland Security (DHS). The first, the US Citizenship and Immigration Service (USCIS), handles applications for immigration benefits. Two other institutions were created to oversee the functions of former INS from immigration enforcement: US Immigration and Customs Enforcement (ICE) and US Customs and Border Protection (CBP), respectively.
The permanent residents of the United States who are eighteen years of age or older must carry their actual green card at all times. Failure to do so is a violation of the Immigration and Citizenship Act, bringing the possibility of a fine of up to $ 100 and imprisonment up to 30 days for each violation. Only the federal government can apply this punishment.
Cards issued between January 1977 and August 1989 do not have document numbers or expiration dates and apply indefinitely.
Video Permanent residence (United States)
Reading a permanent resident card
Although most of the information on the card is self-evident, the computer and human signatures that can be read at the bottom do not. This format follows a machine readable TD1 document format:
- First line:
- 1-2: C1 or C2. C1 = population in the United States, C2 = permanent commuter resident (living in Canada or Mexico)
- 3-5: US (publisher country, United States)
- 6-14: 9-digit number (A #, alien number)
- 15: check digits above 6-14 digits
- 16-30: USCIS acceptance number 13 characters, filled with "& lt;" as filler characters
- Second line:
- 1-6: date of birth (in YYMMDD format)
- 7: check the digits above the numbers 1-6
- 8: gender
- 9-14: expiration date (in YYMMDD format)
- 15: check digit above number 9-14
- 16-29: country of birth
- 30: cumulative check digit (more than 630 digits (top line), 1-7, 9-15, 19-29 (underscores))
- Third line:
- surname, given name, middle name, first initial of father, initial first mother (this line is spaced "& lt; & lt;" between the given name and name). Depending on the length of the name, the father and mother's initials may be omitted.
Full list of category codes (ie IR1, E21, etc.) Can be found in the Federal List or Overseas Guides.
Since May 11, 2010, the new green card contains RFID chips and can be accessed electronically remotely. They are shipped with a protective sleeve intended to protect the card from remote access, but are reported to be inadequate.
Maps Permanent residence (United States)
Path to US citizenship
A valid permanent resident may apply for US citizenship, or naturalization, after five years of stay including a 30-month physical presence in a period of five years (valid permanent residents must be physically present on US soil at least 30 months from the 5-year residence period as defined under Title 8 of the Code of Federal Regulation Section 316.2 - there are restrictions on where physical liberation exemptions are waived if permanent residents are employed abroad for example with the US Government including military service, US Government contractors, recognized American research institutions, international public organizations eg Christian missionaries , or organizations defined under the International Immunization Act, eg the International Red Cross, the World Health Organization, the United Nations). This period is shortened to three years if married to a US citizen (8 CFR 319). A valid permanent resident may apply for naturalization at the earliest 90 days before fulfilling the residency requirement. In the United States, 8.8 million people remain legitimate eligible for naturalization. Citizens are entitled to more rights (and obligations) than to permanent residents (who are still classified as foreigners for that matter). Legitimate permanent residents generally have no right to vote, the right to be elected in federal and state elections (although naturalized citizens can not be elected President under Article II of the Constitution), the ability to bring family members to the United States (Permanent residents are allowed to sponsor specific family members, but this is often impractical due to long delays in approval), or eligibility for federal government employment. A permanent male population between the ages of 18 and 25 must register in the Selective Services System. Permanent residents who reside in the United States must pay taxes on their income worldwide (this includes applying for US income tax returns), such as US citizens.
Immigration type
The US immigration law in the Immigration and Citizenship Act (INA) provides that a person may obtain permanent resident status primarily through the proceedings of the following proceedings:
- immigration through family members
- immigration through work
- immigration through investment (from 0.5 to 1 million US dollars)
- immigration through Diversity Sweepstakes
- immigration through refugee or asylum status
- immigration through the provisions of the "Register" of the Immigration and Citizenship Act
- Immigration is approved by the Director of Central Intelligence.
Immigration and quota eligibility
Application process
The whole process can take several years, depending on the type of category of immigrants and state chargeability. An immigrant usually has to go through a three-step process to get a permanent residence:
- Immigrant petition (Form I-140 or Form I-130) - in the first step, the USCIS approves an immigrant petition by an eligible relative, an employer, or, in rare cases, such as with an investor visa, the applicant himself. If siblings register, they must have the same parents as the applicants.
- Availability of immigrant visas - in the second step, unless the applicant is a "direct relative", an immigrant visa number through the US State Department's (DOS) National Visa Center (NVC)) must be available. Visa numbers may not be available immediately even if USCIS approves the petition, as the number of immigrant visa numbers is limited annually by the quotas set out in the Immigration and Citizenship Act (INA). There are also certain additional restrictions by the state of chargeability. Thus, most immigrants will be placed on long waiting lists. Immigrants who are direct relatives of US citizens (spouses and children under 21 years of age, and parents of US citizens aged 21 years and over) are not subject to this quota and may proceed directly to the next step (since they qualify for IR immigrant categories).
- Immigrant visa adjudication - in step 3, when an immigrant visa number is available, applicants must register with USCIS to adjust their current status to a permanent resident status or apply with DOS for immigrant visas at the nearest US consulate before being allowed to come to the United States.
- Status adjustment (AOS) - The status adjustment is when immigrants are in the United States and enter the US legally. Except for direct relatives of US citizens, immigrants also have legal status when applying for status adjustment. For close relatives and other relative categories whose current visa number, a status adjustment may be filed simultaneously with a petition (step 1 above). The status adjustment is submitted to USCIS via the I-485 form, Application for Enrolling Permanent Residence or Custom Status . USCIS conducted a series of background checks (including fingerprints for FBI criminal background checks and name checks) and made decisions about the application. After the application adjustment status is accepted, aliens are permitted to live in the United States even if the original period of official residence on Form I-94 is out of date, but it is generally not allowed to leave the country until the application is approved, or the application will be abandoned. If the alien has to leave the United States during this time, he may apply for travel documents in USCIS with form I-131, also called Parole . If there is a potential risk that the applicant's work permit will expire or become invalid (dismissed by the employer and the visa sponsor) or the applicant wants to start working in the United States, while he is awaiting a decision on his application to change his status, he may file Form I -765, to get the Work Authorization Document (also called EAD ) and be able to continue or start working legally in the United States. In some cases, the applicant will be interviewed at the USCIS office, especially if it is a marriage-based adjustment of the K-1 visa, in which case both spouses (US citizens and applicants) will be interviewed by USCIS. If the application is approved, the alien becomes an LPR, and the actual green card is sent to the last known alien mail address.
- Consular process - This is the process if immigrants are outside the United States, or are not eligible for AOS. It still requires an immigrant visa application to be completed and approved in advance. Applicants may make an appointment at the US embassy or consulate in their home country, where consular officers try the case. If the case is approved, an immigrant visa is issued by the US embassy or consulate. Visa entitles the holder to travel to the United States as an immigrant. At the entry port, immigrant visa holders are immediately permanent residents, and processed for permanent resident cards and received the I-551 stamp on their passports. Permanent resident cards are sent to their US address within a few weeks.
An applicant (alien) in the United States may obtain two permits while his case is delayed after a certain stage is passed in processing a green card (filing I-485).
- The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows aliens to take jobs in the United States.
- The second is a temporary travel document, parole, which allows the aliens to reenter the United States. Both permits provide benefits that are independent of any given status to aliens. For example, an alien may already have permission to work in the United States on an H-1B visa.
Family-sponsored visa application process for both parents and children
US citizens may sponsor permanent residence in the United States of the following relatives:
- Couples, and unmarried children under the age of 21;
- Parents (after US citizens are at least 21 years of age);
- Unmarried children over the age of 21 (called "sons and daughters");
- Married boys and girls;
- Brothers and sisters (after US citizens are at least 21 years of age).
US permanent residents may sponsor permanent residence in the United States as the following siblings:
- Couples, and unmarried children under the age of 21;
- Unmarried children over the age of 21 (called "sons and daughters");
The "Foreign Visa" Bulletin issued every month, gives the priority date for the petitionees who are currently eligible to apply for immigrant status through immigrant visas or status adjustments. There is no annual quota for spouses, unmarried children, and US citizens, so there is no waiting period for these applicants - only the processing time required. However, all other family-based categories have significant backlogs, even with US citizen applicants.
Regardless of whether a sponsored family member is located in the United States (and therefore may apply for a status adjustment) or outside the United States (in which case an immigrant visa is a possible option), the process begins with the filing of I-130 Petition for Alien Relative. Forms and instructions can be found on the US Citizenship and Immigration Services website. Required later in the process will be additional biographical data on recipients (sponsored persons) and medical examinations. Additional documents, such as a police certificate, may be required depending on whether an immigrant visa (consular processing) or status adjustment is being used. In the case of consular processing outside the United States, one should ensure that there is a new one with certain practices from relevant US embassies or consulates. All petitioners must provide Letter I-864 Affidavit of Support.
Green and family card holders
Green cardholders who are married to non-US citizens can legally bring spouses and young children to join them in the US, but must wait for their priority dates to be smooth. Foreign couples from green card holders must wait for "immigrant visa" approval from the State Department before entering the United States. Due to the numerical limitations on this number of visas, the waiting time for approval may be months or years. In the interim, a spouse can not be legally present in the United States unless he or she obtains a visa by other means. Green card holders may choose to wait to become US citizens, and then sponsor spouses and their children, because the process is much faster for US citizens. However, many green card holders may choose to apply to spouses or children and update their applications after becoming US citizens.
The issue of US green card holders separated from their families for many years is not a new issue. A mechanism to unify the family of green card holders was created by the Law LIFE with the introduction of "V visa", signed into law by President Clinton. The law expired on December 31, 2000, and visa V was no longer available. From time to time, the bill was introduced in Congress to return V visas, but so far none of them succeeded.
Enhances the application process in obtaining green cards
The most common challenges facing USCIS in providing services in the green card process are: (1) length of application and approval process, and (2) green card quotas granted. USCIS tries to shorten the time of qualified applicants waiting to receive a permanent residence.
Challenges with application processing time
Under the current system, immediate family members (spouses, children, and dependent mothers and fathers), have priority statuses for green cards and generally wait 6 months to a year for their green card application to be approved. For indirect family members, the process can take up to 10 years. Documents are processed by first coming, first served, so new apps may not be untouched for several months. To solve the problem of slow processing time, USCIS has created a policy enabling applicants to submit forms I-130 and I-485 at the same time. This has reduced processing time. Another delay in the process occurs when the app has an error. In this case, the paper is sent back to the applicant, which further delayed the process. Currently the biggest problem creating long waiting times is not the processing time, but the immigrant visa quotas set by Congress.
Quota system challenge
Long waiting times are a symptom of another problem - quotas that prevent immigrants from receiving immigrant visas. Georgia Augusta Chronicle in 2006 stated that approximately two million people are on the waiting list in anticipation of becoming a legal and permanent resident in the United States. Immigrants need a visa to get out of this waiting list, and Congress needs to change immigration laws to accommodate them with legal status.
The number of green cards that can be granted to family-based applicants depends on what category of preference they are pursuing. Infinite close relatives can accept green cards because there are no quotas for that category. Family members who fall into other categories of preference have fixed quotas, but the number of visas issued from each category may vary because unused visas from one category can be rolled out into other categories.
Application process for work-based visa
Every year, some 50,000 immigrant visas are available through the Diversity Visa (DV) program, also known as the Green Card Lottery to people born in countries with low immigration to the United States (less than 50,000 immigrants in the past five years). Applicants may only qualify under a country that can be held accountable, not by citizenship. Anyone selected under the lottery will be given the opportunity to apply for a permanent residence. They can also apply for their spouses and unmarried children under 21 years of age.
If a permanent residence is awarded, the winner (and/or his/her family, if applicable) receives an immigrant visa in their passport (s) which must be "activated" within six months of issuance at each port entering the United States. If already in the US status adjustment can be pursued. The new immigrant receives a stamp on the visa as a valid receipt of evidence to the United States, and the individual is now authorized to live and work permanently in the United States. Finally, the actual "green card" is usually received by mail in a few months.
Recent developments
More than 6.4 million applications for fiscal year (TA) 2008 Diversity Visa Lottery are submitted. This is an increase of more than 5.5 million applications submitted in the 2007 Lotus Diversity Visa. Considering dependents, there are more than 10 million participants in the 2008 Diversity Visa Lottery. Most applications are from Africa and Asia: 41 percent of the total comes from Africa, 38 percent from Asia, 19 percent from Europe, and two percent from South America, Central America, and the Caribbean. The largest number of applicants came from Bangladesh (more than 1.7 million applicants), followed by Nigeria (684,735) and Ukraine (619,584).
Usually somewhat less than 100,000 applicants will be announced as winners to ensure that all 50,000 green cards will be issued.
For fiscal year 2008 there were 5,983 Bangladesh, 8,773 Nigerians and 5,018 Ukrainian applications declared winners. Of this number, some eventually used 2,286 Bangladeshi winning numbers, 3,425 winners and 1,914 winners of Ukraine to get a green card within the deadline. In the end, 46,633 issued in FY 2008, 3,367 less than planned. Therefore, the opportunity to be a winner in a draw is different from the country of origin you are proposing. It also differs from year to year.
More than 14.7 million applications for 2012 Lottery Diversity Visas are submitted. This is an increase of more than 2.7 million applications submitted in the 2011 Diversity Visa Lottery. Considering dependents, there are more than 19.6 million participants in the 2012 Lottery Diversity Visa. The largest number of applicants comes from Bangladesh (more than 7.6 million applicants) followed by Nigeria (2,144,626) and Ukraine (1,080,091).
Crime: green lottery card fraud
There are a growing number of fraudulent cheating green card scams, where counterfeit agents take money from applicants by promising to submit an application form for them. Most agencies do not work for distribution services. Some claim that they can increase the chances of winning the lottery. This is not true; in fact, they can delay or not submit the application. Likewise, some claims to provide to the winners of free flight tickets or other benefits, such as delivery in the coming years or cash funds. There is no way to guarantee their claims, and there are many cruel excuses for them not to fulfill their promises. Applicants are advised to use only the official US government website, where the URL ends in.gov.
Green card lottery fraud e-mail
Other perpetrators of fraud will send e-mails to potential victims posing as State Department or other government officials with requests to transfer or transfer money online as part of "processing fees." These fake e-mails are designed to steal money from unsuspecting victims. The sender often uses fake e-mail addresses and logos designed to look like official government correspondence. One easy way to know that email is a fraud is that it does not end with ".gov". One of the most common e-mail scams asks potential victims to transfer money via Western Union to an individual (varied name) at the following address in the UK: 24 Grosvenor Square, London. This email comes from various email addresses designed to imitate the US State Department. The US Citizenship and Immigration Services blog has published information about these email scams and how to report fraudulent emails to authorities.
The Department of Foreign Affairs, the Department of Homeland Security and the Federal Trade Commission have issued warnings about this type of fraud or similar business practices.
Registry
"Registry" is a provision of the Immigration and Citizenship Act that enables a person who previously entered the United States illegally to obtain a permanent residence legally only on the basis of having a de facto residing in that country over time which is old. In order to avail himself of the benefits of this provision, immigrants must prove that he has continued to dwell since before the specified "date of registration".
The concept of "registry" was first added to the INA in 1929, with registration dates set to June 3, 1921. Since then, the registration date has been adjusted several times, set on July 1, 1924; June 28, 1940; and June 30, 1948. The most recent adjustment to the date of enrollment came with the 1986 Immigration and Control Reform Act, when it was adopted on January 1, 1972. A number of bills have been introduced in Congress since then to further change the date of registration, but have not been crossed.
Conditional permanent residence
As part of immigration reforms under the 1986 Immigration and Control Reform Act (IRCA), as well as further reforms enacted in the Immigration Immigration Reform and 1996 Immigrant Responsibility (IIRAIRA), eligible persons and applicable to permanent residence based either on a recent marriage with a US citizen or as an investor granted permanent residence only under conditional , for two years. The exception to this rule is the case of US citizens who legally sponsor a couple in which the marriage at the time of adjustment status (I-485) is more than two years old. In this case, conditional status is released and a 10-year permanent card is issued upon USCIS approval of the case. A permanent resident under the conditional clause may receive the I-551 stamp as well as the Permanent Resident Card. The expiry date of the conditional period is two years from the date of approval. The immigrant visa category is CR (conditional resident).
When this two-year conditional period expires, the permanent residence automatically terminates and the applicant is subject to deportation and dismissal except, up to 90 days before the conditional residence expires, the applicant must file I-751 Petition for Removing Residence Conditions (if conditional permanent home is obtained through marriage) or I-829 Petition by Employers to Remove Conditions (if conditional residence is obtained through investment) with USCIS to have the condition deleted. Once the application is accepted, the permanent residence is extended within 1 year intervals until the request to remove the terms is approved or rejected. For permanent residency acquired through marriage, both partners shall sign the I-751 form; if the spouse is divorced, it is possible to get a waiver of the other pair's signing requirements, if it can be proved that the marriage was bona fide.
USCIS requires that applications to eliminate provisions provide general and specific supporting evidence that the grounds on which the applicant obtains a non-counterfactual conditional residence. For marriage-based applications, birth certificates, joint financial statements, and letters from superiors, friends and relatives are some acceptable types of evidence. That is to ensure that the marriage is in good faith and is not a fun fraudulent marriage with the sole purpose of obtaining a green card. Follow-up interviews with immigration officers are sometimes required but may be revoked if the evidence submitted is sufficient. Both couples usually have to attend the interview.
Applicants received the I-551 stamp in their foreign passport after approval of their case. Applicants are then exempt from conditional terms after application is approved. The new Resident Permanent Card from the applicant arrives by post to their residence a few weeks to several months later and replaces the old 2 year old conditional residential card. New cards must be renewed after 10 years, but permanent resident status is now granted for an indefinite period if residence conditions are met at all times. USCIS may request to update the previous card due to increased card security or as part of a revalidation campaign to exclude fake green cards from circulation.
It is important to note that this two-year residency is calculated to meet residency requirements for U.S. naturalization, and other purposes. Applications to remove conditions must be disconnected before separate naturalization applications can be reviewed by USCIS on their own merits.
Difference between permanent residents and conditional permanent residents
Conditional permanent residents have all "equal rights, privileges, responsibilities and duties applicable to all other legitimate permanent residents."
The only difference is the requirement to meet the requirements (such as showing marital status or meeting the requirements of the entrepreneur) before the two year period ends.
Waiver or permanent loss of status
The green card holder can leave the permanent residence by filling in the I-407 form, with a green card, at the US Embassy.
Under certain conditions, permanent residence status may be lost unknowingly. This includes committing a criminal offense that keeps one out of the United States. A person may also be found to have abandoned his or her status if he has moved to another country to live there permanently, remain outside the US for more than 365 days (without obtaining a reentry permit before leaving), or not to file income tax returns on their income in the whole world. Permanent resident status may also be lost if it is found that the application or reason for obtaining a permanent residence is a fraud. Failure to update a permanent resident card does not result in a loss of status, except in the case of the conditional permanent residents as noted above. However, it is still a good idea to update the green card on time because it also acts as a work permit and travel permit (parole), but if a green card is updated late, there is no penalty or additional fee to pay.
A person who loses permanent residence status is immediately released from the United States and must leave the country as soon as possible or face deportation and dismissal. In some cases the person may be banned from entering the country for three or seven years, or even permanently.
Green card release fee
Because the Foreign Workers Law which has had a green card in eight of the last 15 years and chooses to release it will be subject to a dismissal tax, which is an unrealized profit tax above $ 600,000, anywhere in the world. However this will only apply to people who have a federal tax liability greater than $ 139,000 per year or have a value of more than $ 2 million or have failed to certify to the IRS that they have complied with US federal tax obligations for the past five years.
If the green card is not released then the holder is subject to double taxation when living or working outside the United States, either in their home country, although double taxation may be reduced by foreign tax credit.
Visa-free travel for green card holders
Note: This list excludes countries that allow visa-free travel on valid US visas (eg Costa Rica, Dominican Republic, Mexico, Panama) Also note that Green Card holders may already have visa-free access to many destinations based on nationality already held.
- Albania: 90 days in 180 days
- Antigua and Barbuda: 30 days
- Bahamas: 30 days
- Belize: permanent residents in the US may obtain a visa upon arrival, provided that prior approval is obtained from Belizean Immigration (USD 50 fee). Visitors also have to pay the cost of repatriation.
- Bosnia and Herzegovina: 90 days in 180 days
- Bermuda
- British Virgin Islands: 1 month
- Turks and Caicos Islands: 30 days
- Canada: 6 months ETA is required for travel by air
- Caribbean Netherlands (Netherlands Antilles, Bonaire, Aruba, Sint Maarten, or CuraÃÆ'§ao): 30 days
- Costa Rica: 30 days
- Cayman Islands: 30 days
- Dominica: 6 months
- Dominican Republic: 30 days
- Georgia: 90 days in 180 days
- Guatemala: 90 days
- Honduras: 3 months
- Jamaica: 6 months
- Mexico: 180 days
- Nicaragua: 3 months
- Panama: 90 days
- Serbia: 90 days
- Montenegro: 30 days
- Taiwan: max. 30 days for holders of ROC (Taiwan) Business and Academic Travel Card, issued by the Republic of China (Taiwan).
- Kosovo: 15 days
See also
- Blue Card (EU)
- Stay permanently in Canada
- Unlimited leave for permanent, UK residence status equivalent to Canadian Resident Permanent Card
- Permanent residence
References
External links
US Government immigration site
- USCIS: Green Card
- How Do I Get Work Permit
- How Do I Become Legitimate Permanent Legs While in the United States?
- 2008 Visas Immigrants Diversity (DV-2008) Program
- State Department warning on fake diversity visa website
- Type of work-based Green Card app category
- Information for Permanent Residents
- Petition Procedure: Bringing a Spouse (Spouse or Spouse) to Live in the United States
- General Tips on USCIS Application Assembly for Mailing
- USCIS Civil Surgeon
- IRS Green Card Test
- The PERM application process time.
Source of the article : Wikipedia
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