Methods of Obtaining a Green Card
There are several methods of obtaining a green card.
1) Becoming a Lawful Permanent Resident While in the United States?
The U.S Citizenship and Immigration Service (USCIS) says an immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
2) Green Card Through Family Members
-Immediate relatives of an American citizen (a spouse, child, parent or sibling). The wife/husband/children of a U.S. citizen is usually eligible for a green card/visa immediately (upon application). Additional family members may take longer to process.
3) Green Card Through Employment
Foreign individuals who will be employed in the United States and have employers, who will sponsor them for green cards.
4) Green Card Through Diversity Lottery
-The Diversity Immigrant Visa program is a congressionally mandated lottery program for receiving a Permanent Resident Card. It is also known as the Green Card Lottery. The lottery is administered on an annual basis by the Department of State. The Act makes available 50,000 permanent resident visas annually to people from countries with low immigration rates to the United States.
To find out who may apply for permanent residence in the United States, please see eligibility information at USCIS.
5) Green Card Through Immigration & Nationality Act
In many cases those who have been in the U.S. since January 1, 1972 can be eligible to apply for permanent residence, even if they entered the country illegally or are present in the U.S. illegally. To do so, the provision requires continuous residence in the U.S., good moral character, no participation in terrorist or Nazi activities. You are ineligible for 10 years if you failed to attend a required removal hearing, did not depart after agreeing to a voluntary departure. See the USCIS website for more information on this provision.
How to Apply?
To find out how you can apply to become a lawful permanent resident of the United States, visit the USCIS website. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications.
Getting a Work Permit
USCIS says applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status as permanent residents can work freely within the United States.
Traveling Outside the United States?
USCIS says if you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, contact USCIS.
Checking the Status of My Application
Contact the USCIS office where you applied.
Finding the Law
USCIS says the Immigration and Nationality Act is a law governing immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Appeals?
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which occurred while the alien's application was in process or appeals based on Section 586 of Public Law 106-429, adjustment of status for selected nationals of Vietnam, Cambodia and Laos. Appeals must be made to the Administrative Appeals Unit (AAU).
Generally, appeals must occur within 33 days after the immigration judge removes you from the country. After your appeal form, and required fee are processed, the appeal is referred to the Board of Immigration Appeals in Washington, D.C.
External Help
If advice is needed, USCIS says one option is to contact the USCIS District Office near your home for a list of community-based, non-profit organizations that can perhaps assist you in applying for an immigration benefit. USCIS field offices home pages can provide for more information on contacting USCIS offices.