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A Green Card, or Permanent Resident Card, is an identification card that shows the cardholder has been granted legal permanent residency in the United States. The card proves that the individual has the right to live and work in the U.S. permanently and to travel in and out of the country as they please.
Importance of a Green Card
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Permanent Residency
A Green Card is proof of legal permanent residency in the United States, allowing the holder to live and work permanently.
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Employment
Many employers require their employees to have valid work authorization, such as a Green Card, to work in the United States.
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Education
Green Card holders are eligible for certain educational benefits, such as in-state tuition rates at colleges and universities.
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Travel
A Green Card allows the holder to travel in and out of the United States without needing a visa and also allows for easier reentry into the country after traveling abroad.
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Social Security and Other Benefits
Green Card holders are eligible for certain benefits, such as Social Security and Medicare, and may also be eligible for other government programs and services.
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Path to Citizenship
Green Card holders may be eligible to apply for U.S. citizenship after a certain period, typically five years, which can provide additional benefits and opportunities.
Eligibility for a Green Card
Eligibility for a Green Card in the United States depends on several factors, including:
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Family-Based Sponsorship
A U.S. citizen or permanent resident can sponsor certain family members, such as a spouse, parent, or unmarried child, for a Green Card.
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Employment-Based Sponsorship
An employer can sponsor an employee for a Green Card if they can demonstrate that no qualified U.S. workers are available.
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Refugee or Asylee Status
Individuals granted refugee or asylee status in the United States may be eligible for a Green Card.
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Diversity Lottery
The Diversity Immigrant Visa Program, also known as the green card lottery, is a program that provides a limited number of Green Cards to individuals from countries with low rates of immigration to the United States.
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Other Special Categories
There are other special categories of eligibility for Green Cards, including victims of abuse or human trafficking, certain types of investors, and certain long-time residents of the United States.
In addition to meeting the eligibility requirements for a Green Card, applicants must undergo a background check and meet other requirements, such as passing a medical exam and demonstrating proficiency in English. The requirements and application process for a Green Card may vary depending on the individual's circumstances and the type of Green Card they are applying for.
How to Apply for a Green Card
- Determine Eligibility. Review the eligibility requirements for the specific category of Green Card you are applying for and ensure that you meet all the criteria.
- File a Petition. Depending on the category of Green Card you are applying for, you or your sponsor may need to file a petition with the U.S. Citizenship and Immigration Services (USCIS) for initiating the process.
- Wait for Approval. Once your petition is approved, you will receive a priority date establishing your place in the queue for a Green Card. Depending on the category and your country of origin, there may be a waiting period before a Green Card becomes available.
- Submit an Application. Once a Green Card is available, you will need to submit an application to USCIS, including biographic information, supporting documents, and payment of fees.
- Attend a Biometrics Appointment. USCIS will schedule a biometrics appointment, where you will provide fingerprints, photographs, and other identifying information.
- Attend an Interview. USCIS may require an interview to review your application and ask questions about your eligibility and supporting documentation.
- Receive a Decision. USCIS will decide on your application and notify you of the outcome.
- Receive a Green Card. If your application is approved, USCIS will issue a Green Card, which you must carry as proof of your legal permanent resident status.
Key Terms for Green Cards
- Legal Permanent Resident: A person granted the right to live and work permanently in the United States.
- Priority Date : The date that establishes a person's place in line for a Green Card.
- Sponsorship: The act of someone else, such as a family member or employer, petitioning for a person to receive a Green Card.
- Adjustment of Status: The process of applying for a Green Card while already present in the United States.
- Visa Bulletin: A monthly publication that provides updates on the availability of Green Cards for different categories and countries.
Final Thoughts on Green Cards
It's important to note that the specific steps and requirements may vary depending on the category of Green Card you are applying for and your circumstances. It's also important to follow the most up-to-date instructions and requirements from USCIS, which may change over time.
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Jocelyn A. Walters-Hird focuses her practice on conservation law and other real estate matters. She has provided counsel on dozens of conservation easement transactions as well as fee sales and acquisitions, including the structuring, negotiating, and closing of such projects. Prior to joining the conservation community, Jocelyn worked as a litigator, which has informed her approach to drafting workable documents and resolving post-transaction issues. With both in-house counsel and private practice experience, Jocelyn has a unique skillset allowing her to problem solve and provide sound legal advice to land trusts, landowners, and other organizations. She is the former Sr. Staff Attorney at the Minnesota Land Trust, where she led the legal team of the state’s largest non-profit land trust. She also worked as Attorney for Conservation Partners, LLP, a nationally-recognized boutique law firm that has assisted land trusts and landowners in protecting hundreds of thousands of acres of land. Jocelyn now serves as Contracted Counsel for the firm.
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