Green Cards

Individuals who are eligible to apply for a Green Card because they fall into one of the above-mentioned eligibility categories must determine the specific requirements for their application category. Although there are potential variations in the application categories and specific requirements, the general application process consists of two main parts. For individuals in the United States, the first step is the immigrant petition, which usually has to be filed on behalf of the applicant by a sponsor. There are, however, certain individuals who can petition on their own behalf. Once USCIS grants the immigrant petition, and any applicable visa is available, then the Green Card application is submitted to USCIS. The next step will include a biometrics appointment. Finally, an applicant will be scheduled for an interview after which, a decision will be rendered on the application.

If an applicant is outside of the United States, they would file their application with the US Department of State and go through consular processing. This means that the applicant will wait for their immigrant petition to be approved outside of the United States. They will then receive a notification from the National Visa Center (NVC) to submit evidence and applicable fees. Next, an interview will be set at a US embassy or designated US diplomatic mission. If the individual is approved, they will receive a visa packet that should not be opened. This packet will be presented to US Customs and Border Protection (CBP) upon arrival to the US. The CBP officer at the port of entry will open the packet and review the documentation and will ultimately make the decision to allow the individual into the US. Once admitted, the individual will be considered a Lawful Permanent Resident. The Green Card will be sent via mail to the US address of the immigrant after arrival into the country.

At times, the government will need additional information or documentation to make a decision on an application. When this occurs, an official Request for Evidence (RFE) will be sent seeking additional information. This often occurs when all required documents were not submitted, or if submitted evidence is no longer valid, or if eligibility cannot be determined based on the original evidence submitted. The RFE will indicate the exact evidence being requested. The time frame to submit the additional documentation will be indicated. It is important to respond to any issued RFEs in the time frame specified otherwise the application may be denied.

Most Green Card applicants will need an immigrant petition filed via one of the following forms:

• Form I-130, Petition for Alien Relative

• Form I-140, Immigrant Petition for Alien Worker

• Form I-730, Refugee/Asylee Relative Petition

• Form I-589, Application for Asylum and for Withholding of Removal

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

• Form I-526, Immigrant Petition by Alien Entrepreneur

• Form I-918, Petition of U Nonimmigrant Status

• Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant

Once the immigrant petition is approved, a Green Card application form will have to be submitted using the following form:

• Form I-485, Application to Register Permanent Residence or Adjust Status.

• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable)

Certain conditional permanent residents cannot renew their two-year Green Cards. They must file a petition to remove conditions 90 days before their Green Card expires. If this is not done within the specified time period, the individual will lose their status. In most cases, conditions are removed by filing Form I-751, Petition to Remove Conditions on Residence or Form I-829, Petition by Entrepreneur to Remove Conditions.

LPRs must replace their Green Card if it has expired or expires within 6 months if the card was lost, damaged, or contains incorrect information, or if the original card was issued prior to the individual’s 14th birthday and they are now 14 or older. The Green Card must also be replaced if an individual was previously considered a commuter and has now taken up final residence in the US, or if the individual is taking up the commuter status. If an individual’s status has automatically converted to permanent resident or if the individual has a previous alien registration card version must also replace their Green Card. Additionally, any legal name changes or biographic information changes require a replacement Green Card, or if a previous card was never received.

Conditional permanent residents must replace their Green Card if the card was lost, damaged, or contains incorrect information. Any legal name changes or biographic information changes require a replacement Green Card, or if a previous card was never received.

LPRs can travel outside of the US and they will be admitted back into the US after such trips. However, LPRs who remain abroad for longer than 1 year will need a re-entry permit to be admitted back into the United States.