​​What is the Green Card?

A Permanent Resident, or Green Card, allows you to live and work in the United States without worrying about visa expiration or renewals. The United States can truly become your home. Did you know that it’s commonly called the green card because the card background is green?

If you’ve come across conflicting and confusing information regarding eligibility and requirements, look no further. We have expertise in U.S. immigration and Green Card applications and a deep understanding of the process. HBM Law, our immigration law firm in Iowa, can help guide you through your options and make your application experience as smooth and stress-free as possible.

Understanding Green Card Terminology

What’s in a name? When researching U.S. permanent residency, there are several common terms related to the Green Card that might have you scratching your head. These include:

1. Permanent Resident Card: This is the official name for the Green Card.
2. Green Card: A widely used informal term referring to the Permanent Resident Card.
3. Legal Permanent Resident (LPR): A term used to describe an individual who has been granted the right to live and work in the United States permanently.
4. Immigrant Visa: Although not the same as a Green Card, this term is often used in the context of the process leading to obtaining a Green Card from a U.S. Embassy or Consulate abroad.
5. Adjustment of Status: The process by which a person inside the United States changes their status to that of a lawful permanent resident.

Understanding these terms can help you navigate the Green Card application process and better understand the different aspects of the U.S. immigration status.

The Green Card is not “permanent” in the sense that it is unconditional or forever guaranteed. Green Card holders must renew their cards every 10 years and maintain their residency status by living in the United States.

The Benefits of a Green Card

There are undeniable benefits of obtaining a Green Card. You are no longer at the mercy of sudden changes in immigration rules or unpredictable discretionary decisions. In fact, the Green Card grants you most of the advantages that U.S. citizens enjoy. It is the first step on your journey to becoming a U.S. citizen.

• No need to apply for visas or extend periods of stay.
• No more 90-day reporting requirements or overnight-stay forms at hotels.
• Fewer hassles with banks, border crossings, and obtaining driver’s licenses.
• No need to transfer funds from abroad to purchase property.

Additionally:

• You can apply for U.S. citizenship after three years if married to a U.S. citizen, and after five years if you are not.
• You, as a foreign national, may hold dual citizenship with your home country.
• A Green Card protects you from deportation and exempts you from changes in U.S. immigration laws.
• As a permanent resident, you are protected by local, federal, and state laws of the United States. However, breaking laws or committing crimes means you are at risk of deportation and impact your residency status.
• You can sponsor immediate family members for permanent residency.
• You may be eligible for in-state tuition at some colleges and student loans. If you are in the United States long enough, you become eligible for Social Security benefits.
• You can apply for government jobs and positions and those that require security clearance.

How to Get the Green Card in the United States

If you’re dedicated to making the United States your permanent home, the Green Card journey is worthwhile and rewarding. The best path to obtaining a Green Card largely depends on your individual circumstances and goals. There are several categories through which you can apply for permanent residency with HBM Law:

Marriage-Based and Family-Based Green Cards

Marriage-Based Green Cards: You are married to a U.S. citizen or a lawful permanent resident, and your relationship meets the requirements for spousal sponsorship. This is often one of the most straightforward and reliable paths to a Green Card. It generally involves fewer hurdles and a clearer process compared to other categories.
Family-Based Green Cards: You have a close family relationship with a U.S. citizen or a lawful permanent resident, such as being a child, parent, or sibling, and your family member can sponsor you for permanent residency. This route can also be effective. The process can take time, depending on the relationship and visa category, but it remains a strong option if you have family connections. Immediate family members – parent, spouse, or child under 21- may apply. Some fiancé(e)s, widows, and victims of abuse are also eligible.

Special Immigrants

You have a unique skill or background, such as working with a qualifying organization or holding a special position that meets specific criteria set by U.S. immigration laws. This path can be advantageous. It requires specific qualifications and endorsements but offers a viable route for those with relevant backgrounds. Individuals with special circumstances can apply for this type of green card. Here are the eligibility requirements.

• Afghan or Iraqi national
• Juveniles needing court protection
• Non-profit religious worker
• International broadcaster
• Retired worker of an international organization such as NATO

Things to Know about the Green Card Application

Applying for a green card demands precise attention to detail and a lot of documentation. If you’re still unsure about eligibility, visit the United States Customs and Immigration Services (USCIS) website for more detailed information.

Documentation: There’s Quite a Bit, So Preparation is Key.

We will be discussing the marriage green card since it is a common pathway for spouses of U.S. citizens or permanent residents to gain legal residency and build a life together in the United States. Applicants must present many documents to the U.S. Immigration including but not limited to:

Proof of identity and status: passport-style photos, a government-issued ID, birth certificate, and relevant passport pages.
Proof of marriage: marriage certification, joint financial records, photos, and statements (also known as affidavits) from friends affirming the genuine nature of the relationship.
Records related to your background, such as medical examination results, criminal record checks, and any required waivers or additional forms.

This is a non-exhaustive checklist that covers the essential documents required, but individual cases may need additional or specific documents based on personal circumstances. Some forms have filing fees so check the USCIS fee schedule and ensure you include the correct amount. For detailed instructions, see the Form I-485 instructions and filing tips.

Essential Forms: What You Need for a Marriage Green Card Application

The numerous forms in the Green Card application process ensure that all aspects of your eligibility and background are thoroughly reviewed. Each form serves a specific purpose:

1. Application Forms: Such as Form I-485, which is the main application for adjusting your status to a Green Card holder.
2. Supporting Documentation: Forms like Form I-864 (Affidavit of Support) are required to prove that you won’t rely on government assistance, and Form I-693 (Medical Examination) ensures you meet health requirements.
3. Background Checks: Forms related to criminal records and waivers (like Form I-601) address any issues related to past legal or immigration issues.
4. Status Verification: Forms such as Form I-94 or proof of nonimmigrant status confirm your current legal standing in the U.S.
5. Additional Requirements: Forms like Form I-212 or I-566 handle specific situations such as reentry after deportation or requests related to special nonimmigrant statuses.

These forms collectively help USCIS assess your eligibility, verify your identity, and ensure compliance with U.S. immigration laws. They are part of the documentation submission. While it might seem overwhelming, each form is designed to address different elements of the application process to provide a comprehensive review.

Processing Times for Different Categories

Processing times are varied and different depending on your location by each state and country. If you’d like to know more in detail about your processing time with the embassy abroad and consulate processing services near you, we recommend you to get in touch with us

Tips about the Green Card Application Process

• Confirm your eligibility before you apply, and be sure to have all your documentation.
• Confirm you are not subject to any grounds of inadmissibility, and if you are, do you have a waiver available to overcome the inadmisibility?
• Confirm that your sponsor meets the minimum income requirements or if need to secure a joint sponsor.
• Keep the USCIS informed of any relocation during the processing time.
• Obtain an advance parole – a travel permit if you need to leave the country while you wait.

HBM Law Offices Ease Your Stress

Navigating the rules to obtain a green card doesn’t have to be stressful. The sooner you begin, the more time you’ll have to gather the necessary documents and address any issues that may arise, especially if you change your current visa status. What’s more, if there is a language barrier, you are even more anxious about getting everything right. That’s why we provide hands-on service and care to overcome immigration, cultural, and language challenges.

At HBM Law Offices, we specialize in helping individuals and families work through the U.S. immigration process. Contact us on Whatsapp or email to learn how we can offer professional immigration guidance unique to your green card needs. Don’t wait until later. Get started in minutes by scheduling a consultation today.