What a Green Card Means
Lawful permanent residents (LPRs) are non-citizens authorized to live in the United States permanently. The physical card, Form I-551, is valid for ten years (two years for conditional residents) and must be renewed, but the underlying status continues.
Rights of permanent residents
- Live and work anywhere in the United States for almost any employer
- Own property, attend school, and receive certain public benefits after waiting periods
- Travel abroad and return, subject to rules on long absences
- Petition for a spouse and unmarried children to immigrate
- Apply for naturalization after meeting residence requirements
Responsibilities
- Obey all federal, state, and local laws
- File U.S. income tax returns and report worldwide income
- Report a change of address to USCIS within 10 days (Form AR-11)
- Register with the Selective Service if male and between 18 and 25
- Carry proof of permanent resident status
Permanent residents cannot vote in federal elections. Falsely claiming U.S. citizenship or voting illegally can lead to removal.
The Main Paths to a Green Card
| Path | Who qualifies | Key notes |
|---|---|---|
| Immediate relatives of U.S. citizens | Spouses, unmarried children under 21, and parents of citizens who are 21 or older | No annual numerical limit |
| Family preference categories | Other relatives, such as adult children and siblings of citizens, and spouses and children of permanent residents | Annual limits; waits can be many years |
| Employment-based (EB-1 to EB-5) | Workers with extraordinary ability, advanced degrees, skilled workers, special immigrants, and investors | About 140,000 visas a year plus unused family numbers; many categories need a job offer and labor certification |
| Diversity visa lottery | Nationals of countries with low U.S. immigration rates who meet education or work requirements | Up to 55,000 visas a year, selected by random lottery |
| Refugees and asylees | People granted refugee or asylum protection | Can apply for a green card after one year |
| Special categories | Certain special immigrant juveniles, religious workers, crime and trafficking victims (U and T visa holders), and others | Specific eligibility rules |
The worldwide limits are set by 8 U.S.C. § 1151 and the preference system by 8 U.S.C. § 1153.
The Application Process
Most green cards involve two stages:
- Petition. A relative files Form I-130 or an employer files Form I-140 (often after obtaining a Department of Labor labor certification). Some applicants, such as EB-1 extraordinary ability and EB-2 national interest waiver applicants, can petition for themselves.
- Visa availability. For categories with annual limits, applicants wait until their priority date is current in the State Department's monthly Visa Bulletin.
- Final step — one of two routes: - Adjustment of status (Form I-485) inside the United States, for applicants who are eligible to adjust (8 U.S.C. § 1255). - Consular processing at a U.S. embassy or consulate abroad, followed by entry on an immigrant visa.
- Biometrics, interview, and medical exam. USCIS or the consulate reviews eligibility and admissibility.
Conditional Residence
If a green card is based on a marriage that was less than two years old when residence was granted, the spouse receives a two-year conditional green card. The couple must jointly file Form I-751 in the 90 days before it expires to remove the conditions (8 U.S.C. § 1186a). Investor (EB-5) green cards are also conditional.
Travel and Abandonment
Long trips abroad can put status at risk:
- Absences of more than six months may lead to questions about whether you abandoned residence and can break continuous residence for naturalization.
- Absences of one year or more generally mean the green card can no longer be used to return, unless you obtained a reentry permit (Form I-131) before leaving.
How Permanent Residence Can Be Lost
- Abandonment by living outside the U.S.
- Removal (deportation) for certain crimes, immigration fraud, or other grounds of deportability
- Rescission if the status was granted in error or through fraud
Permanent residents facing criminal charges should consult an immigration attorney before entering any plea.
