GREEN CARDS

“GREEN CARD” – LAWFUL PERMANENT RESIDENCE 

What is a “Green Card”?
A United States Permanent Resident Card (form I-551) is an identification card for a lawful permanent resident (LPR) who does not have U.S. citizenship.  While the popular term is “Green Card”, the identification card is not green in color.  The name comes from the fact that the card’s predecessor, form I-151 (Alien Registration Receipt Card), introduced at the end of WWII, was printed on green paper.

Why does everyone want a “Green Card”?

A “Green Card” gives one official immigration status (Lawful Permanent Residency) in the United States.  It is proof that the holder has permission to conditionally reside and be employed in the U.S.  The holder must maintain resident states by residing in the United States and can be removed if certain crimes are committed. 

Which government department issues a “Green Card”?
The USCIS currently issues them.  Formerly, “Green Cards” were issued by the Immigration and Naturalization Service (INS).  That agency has been absorbed into the U.S. Citizenship and Immigration Service (USCIS) in the Department of Homeland Security.

Do I file for a “Green Card” while living in the United States or at a U.S. embassy or consulate abroad?
To obtain Permanent Resident Status, a person must generally be eligible in an immigrant category and be admissible to the US. Certain present or past conduct including, for example, drug abuse, serious criminal conduct, giving false information to the immigration authorities or receipt of welfare assistance can create admissibility problems. Some people may obtain Permanent Resident Status directly from the INS while in the US - this is called Adjustment of Status. Permanent Residence can also be obtained through the immigrant visa process at a US consulate or embassy outside the US - this is called Consular
Processing.

Is it possible to lose permanent resident status?
Yes.  Under certain circumstances, permanent resident status can be lost.  This includes committing a criminal act that makes a person removable from the United States.  A person might also be found to have abandoned his status if he moves to another country to live there permanently, stays outside the U.S. for more than 6 months (without obtaining a re-entry permit prior to leaving), or does not file income tax.

How do I qualify for a “Green Card”?
One qualifies for permanent residency through the following paths:

• Family-based immigration – link to employment based on our site???
• Employment-based immigration – link to employment based on our site??
• “Green Card” Diversity Lottery

Family Based Immigration
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process. 

1. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
2. The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
3. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

• They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
• They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

• If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.
• If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
• Husband or wife, or
• Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.
Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.

Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant status based on employment, please see How Do I Apply for Immigrant Status Based on Employment?. In addition, please see our index of Infolinks that will provide information on bringing relatives to live in the United States. For more information on visa numbers, please see the How Do I Get an Immigrant Visa Number?.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information.
(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)
How Do I Apply?
To find out how you can apply to become a lawful permanent resident of the United States, please click here to see Application Procedures, which will help you identify what you need to do. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.
How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

Do I file for a “Green Card” while living in the United States or at a U.S. embassy or consulate abroad?
To obtain Permanent Resident Status, a person must generally be eligible in an immigrant category and be admissible to the US. Certain present or past conduct including, for example, drug abuse, serious criminal conduct, giving false information to the immigration authorities or receipt of welfare assistance can create admissibility problems. Some people may obtain Permanent Resident Status directly from the INS while in the US - this is called Adjustment of Status. Permanent Residence can also be obtained through the immigrant visa process at a US consulate or embassy outside the US - this is called Consular Processing.

Immigration through Employment

Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.

• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available.  If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Eligibility
There are four categories for granting permanent residence to foreign nationals based upon employment:

EB-1 Priority workers

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability

• Foreign nationals of exceptional ability in the sciences, arts or business
• Foreign nationals that are advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

EB-3 Skilled or professional workers

• Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
• Foreign national skilled workers (minimum two years training and experience)
• Foreign national unskilled workers

EB-4 Special Immigrants

• Foreign national religious workers
• Employees and former employees of the U.S. Government abroad

How do I Apply?
If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number.
To check the status of a visa number you can review the Department of State's visa bulletin.

Where do I apply?
If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form I-140, Petition for Alien Worker must be filed at the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-140.
For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center.  Detailed filing information is provided in the instructions for Form I-360.

Green Card Lottery

What is the Green Card Lottery?

Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States. Of such visas, 5,000 are allocated for use under NACARA beginning with DV '99. The State Department (DOS) holds the lottery every year, and randomly selects approximately 110,000 applicants from all qualified entries. The DOS selects the approximately 110,000 applications since many will not complete the visa process. However once 55,000 are issued or the fiscal year ends, the DV program is closed. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

What does the Law Say?
The legal foundation for the Diversity Visa Lottery Program comes from the Immigration and Nationality Act (INA). Please see section 203 of the INA for more information.

Who is Eligible to Enter the Diversity Visa Lottery?

• You or your spouse must be a native of a country that is eligible to participate in the Diversity Visa Lottery. You may also be eligible to apply if your parent was born in a country that is eligible to participate. (The State Department will publish the names of countries that are eligible to participate before each year's lottery.)
• You must have a high school diploma or the equivalent, defined in the United States as successful completion of a 12-year course of elementary and secondary education; OR you must have two years of work experience within the last five years in an occupation that requires at least two years of training or experience to perform.
• See the State Department information on the DV program.

How Do I Apply?
Before each year's lottery drawing, the Department of State will publish explicit instructions on how to apply in press releases and the Federal Register. Please follow all directions exactly. Millions of applicants are rejected each year for failure to follow the directions. Please watch the State Department Website for more information on the Diversity Visa Lottery Program. Instructions are usually posted in August, and the registration period is usually held in October each year. Please note that the Diversity Visa Lottery Program for 2007 has ended.

How Much Does the Lottery Cost?
There is no fee for entering the diversity visa lottery. If you win, you must pay a fee for an immigrant visa and a separate visa lottery surcharge.

How Can I Find Out If I Won?
Only the winners will be notified by mail at the addresses listed on their applications. Winners will be sent instructions and information on fees. Being selected as a winner in the diversity visa lottery does not automatically guarantee that you will be issued a visa, even if you are qualified. The number of entries selected is greater than the number of immigrant visas available, because not everyone selected will be qualified for the visa or will choose to complete the processing. Once all 50,000 visas have been issued, the diversity visa program for the year will end.

How Can I Find Out More Information?
Please watch the State Department Website for more information on the Diversity Visa Lottery Program. You may also call the State Department's Visa Lottery Information Center at 1-900-884-8840 for more information. Please note: There is a charge for each call. You may also contact your nearest U.S. Embassy or Consulate. A listing of U.S. Embassies and Consulates can be found on the State Department website.

BEWARE OF GREEN CARD LOTTERY SCAMS
Beware of anyone who promises he can increase you chances of winning the Green Card Lottery for a fee.  Applicants are selected at random to win the lottery.  No one can increase your chances of winning a random drawing.  Remember, if something sounds too good to be true, it usually is. 

There are many known Green Card Lottery Scams where individuals submit an application, charge a fee, and promise unrealistic results.  This is fraud. In fact, a person engaged in such a scam may submit your application late or not at all.

Always consult a reputable attorney.  If you have any doubts about your attorney, consult the website of the Bar Association of the state in which you live. 

Remember, there is no fee for simply entering the Diversity visa lottery.   If you win, you must pay a fee for an immigrant visa and a separate visa lottery surcharge

DV-2008 REGISTRATION HAS EXPIRED.  It is currently too late to register for the Diversity Visa Lottery of 2008.  See below for the DV-2007 results.