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Permanent Residence in the United States

Written by Luis Minvielle Moderated by Oleksandra Dosii
Luis Minvielle

Luis Minvielle

Luis is a writer with over 5 years of experience in B2B software. Even though he has always worked in tech, a sector he regularly publishes about, his initial incursions into writing were, curiously enough, music essays discussing scenes from different parts of the world—most likely to deal with his unfulfilled ambition of becoming a neo-soul crooner.

Oleksandra Dosii

Oleksandra Dosii

Oleksandra is a dedicated marketer with a passion for growing HR-tech products. She believes content marketing is about delivering high-quality content that provides value—not just generating leads. Since 2016, Oleksandra has been involved in tech talent relocation.

Last update: September 15, 2024

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Next update: Scheduled for February 1, 2025

To obtain legal permanent residence in the United States, also known as the Green Card, you must be sponsored by an employer. You don’t need to live for a certain amount of years for them to be able to sponsor you, which sharply contrasts how permanent residences work in Europe but matches how they work in the Americas. If you ever read about the specific number of years you need to live in the U.S. to receive the Green Card, it’s probably related to a different course of action that does not involve being sponsored.

This is because there are other possible pathways to obtain the Green Card, such as being an asylum receiver or having family ties to citizens of the United States, but those are more restricted pathways compared to being sponsored. They’re restricted in a sense that you can’t do anything about them—you either have family in the U.S., or you don’t. Still, they’re the most effective ways to obtain permanent residence, since around two-thirds of Green Cards are granted because of family ties.

Another way to get the Green Card is to join the lottery and get lucky. The lottery awards around 50,000 permits a year, and it’s free to join if you’re eligible. This article checks on every pathway so you know what you need to obtain the Green Card.

 

What is the U.S. permanent residence permit?

The U.S. Permanent Residence Permit, or Green Card, is an official document that grants non-U.S. citizens the right to live in the country indefinitely. It allows the holder to work legally, travel in and out of the U.S., and live permanently in any U.S. state.

Is the Green Card the same as the legal permanent residence?

Yes, Green Card and legal permanent residence—LPR—are interchangeable terms in the United States. So if you read about LPR or Green Card alike in an article or informative page, it’s the same topic they’re talking about. With the Green Card or LPR, foreigners can live permanently in the U.S.

Do many people apply for and obtain the Green Card?

According to the CATO Institute, a reputable research group from Massachusetts, around 35 million people apply for the Green Card each year. Only around a million receive it.

 

What are the benefits of a U.S. permanent residence permit?

The main benefit of holding a Green Card is the ability to live and work in the U.S. with fewer restrictions than temporary visa holders. As a Green Card holder, you can work for any employer, start a business, or join the military. You can also travel in and out of the U.S., as long as you do not spend too much time abroad, which might impact your residence status.

Green Card holders can sponsor close family members for permanent residency and enjoy many of the same legal protections as U.S. citizens, including access to Social Security benefits and certain government services.

Is permanent residence the same as being an American citizen?

Permanent residency and U.S. citizenship are not the same, although both come with important benefits. Permanent residents can live and work in the U.S. indefinitely, but they have some limitations compared to citizens. For example, they cannot vote, serve on juries, or apply for certain government jobs that require citizenship. They must also renew their Green Card on time and avoid extended trips outside the U.S.

Keeping trips 180 days or less is still the best way to avoid drawing too much attention when you come back, though there isn't a strict limit under a year.

In contrast, U.S. citizens can vote, access more government benefits, and their status cannot be revoked. Many permanent residents eventually apply for citizenship once they meet the requirements, such as residing in the U.S. for a continuous period of five years.

 

When can you apply for the U.S. permanent residence permit?

Eligibility for a Green Card depends on factors like family relationships, employment, or special statuses such as refugee or asylee. For example, individuals can apply through immediate relatives who are U.S. citizens or lawful permanent residents, including spouses, unmarried children, parents, and siblings.

Another route is through employment. For expats, jobseekers, and people who can’t access the lottery—more about it later—or don’t have a family in the United States, employment is easily the best path toward permanent residence (and, eventually, to citizenship). This is called an “employment-based” or EB visa and stipulates that a company sponsors you and files certain documentation on your behalf. The company sponsoring you spends money during the process—it’s not just about filing forms or endorsing you.

There are very notable exceptions through which you’re excused from having a company sponsoring you, such as having “,” but it’s unclear what it implies.

Individuals who have been granted refugee or asylum status may apply for permanent residence after living in the U.S. for one year. Other categories include special immigrant classifications, such as young people who need protection due to neglect or abuse. The right time to apply depends on your eligibility and the availability of visas in your category.

What is the Green Card lottery?

The Green Card lottery, also known as the Diversity Visa—or DV—Lottery, is an official program which grants around 50,000 visas a year by a lottery system. Applicants from a select list of countries—which are nations that the government deems as having low immigration—can apply for free and wait for the good news. According to the government, applicants from any country except those off the following list are invited to apply:

Bangladesh, Brazil, Canada, The People’s Republic of China (including mainland and Hong Kong born), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela, and Vietnam.

Yes, it looks like a short list, but plenty of those countries are among the 20 most populated in the world, and, if you include the United States, you’re easily restricting 60% of the world population from accessing the lottery. All in all, the CATO Institute estimates that around 20 million people apply for the lottery each year. Just over 50,000 receive it.

Despite the low odds, the lottery is a good pathway because the requirements are quite simple. And it’s free. There are some stories of expats paying a fee to a middleman, but there’s no evidence that paying a fee could improve the chances of winning the lottery in any way.

Do you need a residence certificate to work?

While a residence certificate itself is not required, your Green Card proves your lawful status in the U.S. and your right to work. In most cases, once you have a Green Card, you do not need a separate Employment Authorization Document (EAD) unless you are waiting for your permanent resident status to be approved.

 

What documents are required to apply for the U.S. permanent residence permit?

The required documents depend on your eligibility category. Typically, the process involves submitting an immigrant petition and then Form I-485. If you are applying through family sponsorship, your family member, who is a U.S. citizen or lawful permanent resident, will file a petition on your behalf using Form I-130. For employment-based applications, your employer will submit Form I-140. Additional documents like a valid passport, birth certificate, two passport-style photographs, biometrics, and medical exam results are also required.

 

How to apply for permanent residence in the United States?

One overlooked aspect about getting a Green Card is that you can apply and obtain it both while living in the U.S. or by living elsewhere in the world. The process of applying for a Green Card varies depending on whether you’re in the U.S. or abroad:

Adjustment of Status

If you're already in the U.S. and have an approved immigrant petition, you can apply for a Green Card by filing Form I-485 with USCIS. In some cases, you may file the immigrant petition and Form I-485 together. After submission, you’ll attend a biometrics appointment and possibly an interview before you receive a decision.

Consular Processing

If you're outside the U.S., you'll apply through your local U.S. embassy or consulate. You'll submit your visa application once a visa becomes available in your category. After approval, you’ll attend an interview at the consulate. If successful, you’ll receive an immigrant visa to enter the U.S. as a permanent resident, and your Green Card will be mailed to you after arrival.

 

How long is the waiting time for U.S. permanent residence?

Waiting times for U.S. permanent residence applications have slowed down recently. For Form I-130 (Petition for Alien Relative), the processing time is currently about 11.5 months. Form I-140 (Immigration Petition for Alien Worker) takes approximately 7 months to process. Form I-485 (Application to Register Permanent Residence or Adjust Status) varies depending on the category: around 6.4 months for employment-based adjustments and 9.2 months for family-based adjustments.

 

Can your family members get permanent residence?

Yes, your family members can apply for permanent residence. If you are applying for a Green Card through employment or a family-based preference category, your spouse and unmarried children under 21 can file for a Green Card with or after your application. This is known as applying as a derivative applicant, and their applications depend on the approval of your Green Card.

Still, if you are an immediate relative of a U.S. citizen (spouse, unmarried child under 21, or parent), your family members cannot apply as derivative applicants. They must independently qualify for and file their own Green Card applications.

 

What are the U.S. permanent residence permit fees?

Green Card application fees vary based on your application category. Filing Form I-485 (Application to Register Permanent Residence or Adjust Status) costs $1,440, or $950 if you are under 14 and file with a parent. Filing Form I-130 (Petition for Alien Relative) costs $625 online or $675 by paper. The fee for Form I-140 (Immigrant Petition for Alien Worker) is $715, with additional costs for certain categories like asylum-related petitions.

For Consular Processing, you’ll pay a $325 visa application fee to the U.S. Department of State at the U.S. embassy or consulate. Once your immigrant visa is approved, you must also pay the $220 USCIS Immigrant Fee to cover the cost of processing your visa packet and producing your Green Card when you enter the U.S.

 

What if your application is rejected?

If your Green Card application is rejected, the decision will generally explain why, such as missing documents or failure to meet eligibility requirements. In many cases, you can appeal the decision or file a motion to reopen or reconsider your case. For simple issues like clerical errors or missing documents, you may correct the problem and resubmit your application. But if the denial is based on ineligibility, it might be a good idea to consult with an immigration expert to explore other options.

 

How to renew permanent U.S. residence

A Green Card is usually valid for 10 years. To renew your Green Card, you must file Form I-90, Application to Replace Permanent Resident Card. You must replace it if it’s expired or will expire within six months, or if it's lost, stolen, or has errors. In September 2022, USCIS extended the validity of Green Cards to 24 months for those who file Form I-90. In a surprise announcement, on September 18, 2024, they extended this validity to 36 months. You can use your Form I-90 receipt notice with your expired Green Card as proof of status during this period.

 

Talk to an immigration expert

If you’re looking to make the United States your permanent home, getting a job is one of the best ways to start. In plenty of specialties and trades, the United States still has the best salaries in the globe. And to access those salaries, first getting an employer and then getting professional assistance can simplify the Green Card application process.

Relocate.me can be your platform for this. The site features a job board in which companies posting are willing to help jobseekers relocate. So, virtually every job ad on the platform means a relocation opportunity.

If you already have a job offer or have sorted out your temporary residence in the United States, we can also connect you with immigration experts. They’re ready to guide you through every step and help you meet all the requirements for your Green Card. 

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