Green Card Holders or Residency

Lawful Permanent Resident (LPR)

Having a green card as a lawful permanent resident grants an immigrant certain important rights and privileges in the U.S. With a green card, a person can live, study, and work legally in the U.S. The permanent resident is also granted legal protection under U.S. law.

Once LPR status is granted, it does not expire as long as the individual meets all the conditions regarding U.S. permanent residency. However, the actual Green Card or Residency Card does expire and must be renewed every 10 years.

There are several ways an immigrant to the United States can receive a green card:

Family-Based Green Cards
If you are an immediate relative of a U.S. citizen, you may be able to obtain a green card or permanent residency status. Other relatives can also receive a green card if a U.S. citizen (over 21) or lawful permanent resident petitions on their behalf, but more distant family members may face a substantial waiting period.

A U.S. citizen can file a petition for:

• Spouse
• K-1 Fiancé Visa
• Children (unmarried and under age 21)
• Son or daughter (married and of any age)
• Parent
• Sibling

A lawful permanent resident (a green card holder) can file a petition for:

• Spouse
• Unmarried children (under age 21)
• Unmarried son or daughter (over age 21)

Other family members who may qualify include surviving or abused spouses of U.S. citizens or lawful permanent residents. (Abused spouses may qualify even if they have gotten a divorce.) The family-based green card process can sometimes become complicated if a family member entered the country illegally or has certain issues on their record that could hinder the process. Even when everything is in order, it is important to submit the information properly to avoid delays in the green card process.

Work-Based Green Cards
Workers in several categories may qualify for employment-based green cards. These categories include individuals with extraordinary abilities, advanced degrees (such as professors and researchers), professionals, multinational managers, skilled and unskilled workers, entrepreneurs and investors, and other special categories. If you hold an H-1B visa, you may also be able to apply for a work-based green card. Often, the employer will file the petition.

Refugee Status and Crime Victims
Refugees, asylum seekers, and certain victims of violent crime or sex trafficking may also be eligible to seek a green card or permanent resident status.

Visa Lottery
“Immigration through the Visa Lottery” specifically refers to the “Diversity Visa Program,” a random selection process commonly known as the “Green Card Lottery.” Individuals from countries with historically low immigration rates to the United States can apply for a chance to obtain a permanent resident visa (green card).

Marriage Visa
A U.S. citizen may petition for a green card for their fiancé or spouse. There are several ways to help your spouse or fiancé obtain a green card.

If your spouse is living abroad, you can submit a petition in the U.S. for your spouse to immigrate as an immediate relative. A U.S. citizen can use a K-1 visa to allow a fiancé to enter the U.S. However, the couple is generally required to marry within 90 days.

Marriage fraud is considered a major issue by the government. If required, there will be an interview where documentation and explanations will be reviewed to test the validity of the marriage. Additionally, any past immigration violations by the entering spouse may cause problems.