A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card."
One can become a permanent resident several different ways:
- Through family. One may be able to apply for a Green Card as:
- An immediate relative of a U.S. citizen, including spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older.
- A family member of a U.S. citizen fitting into a preference category including unmarried sons or daughters over the age of 21; married children of any age; brothers and sisters of U.S. citizen petitioners 21 or older.
- A family member of a Green Card holder including spouses and unmarried children of the sponsoring green card holder.
- A member of a special category, including battered spouses or children, a K nonimmigrant, a person born to a foreign diplomat in the U.S., a V nonimmigrant, or a widow(er) of a U.S. citizen.
- Through a job. One may be eligible to become a permanent resident based on:
- An offer of permanent employment in the U.S.
- Making an investment in an enterprise that creates new U.S. jobs.
- A self-petition as an “alien of extraordinary ability” or certain individuals granted a National Interest Waiver.
- A specialized job that is described in the Immigration and Nationality Act (INA)
- Through refugee or asylee status - One admitted to the U.S. as a refugee, one granted asylee status, or a qualifying family member of an asylee may apply for a Green Card one year after his/her entry into the U.S. A refugee is required to apply for permanent residence after one year, whereas an asylee is not.
- Other – Special categories of family, jobs, and programs allow immigrants to apply for green card status, including the Diversity Immigrant Visa Program, often referred to as the Green Card Lottery. Fifty thousand diversity visas are available annually. More information on special categories can be found on the USICS website: http://www.uscis.gov/portal/site/uscis/
Note: A legal permanent resident (LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or beyond the validity period of a re-entry permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. Under provisions of immigration law, to qualify for returning resident status, one needs to prove to the Consular Officer:
- He/She had the status of a lawful permanent resident at the time of departure from the U.S.;
- He/She departed from the U.S. with the intention of returning and has not abandoned this intention; and
- He/She is returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond control and for which the LPR or CR was not responsible.