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What Is A Green Card And Its Benefits?
A green card in the United States of America is officially recognized as a Permanent Resident Card or identification card issued by the U.S. government, which allows an individual to live and work permanently in the United States. Over the decades, the green card of the USA has been the most popular identification document among immigrants from across the globe. A person with a green card in the USA has freedom to live in any part of the U.S. while starting their own business or working in the U.S. Any person having a green card has no restrictions of staying in the same company that helped them apply for the green card.
The card was named “Green Card” as they were green in colour from 1950 to 1964. In 2010, they became green again and during the intervening decades, they were of different coloured such as blue, pink, and yellow “Green Card”.
A green card holder is allowed to avail a variety of benefits that provide them security, stability, and seamless opportunities for their personal and professional growth. Below are some of the most prevalent benefits that come with holding a green card and lets you live like a responsible citizen of the country.
Key Benefits of Green Card
Permanent residency
It emerges as one of the best green card benefits. A person obtaining a green card in the USA holds the right to live in the United States as long as he renews his green card. The renewal of the green card proceeds after every 10 years.
Freedom to work
Non-immigrants visa holders are often restricted to specific employers that allow them to relocate in the USA. They have certain job roles and restrictions, while green card holders have freedom to work anywhere and in any industry of the United States.
Sponsoring family members
With a green card, an individual can file a petition for their immediate family members like spouse and unmarried children to have legal permanent resident status in the U.S..
Pathway to citizenship
U.S. citizenship comes with additional rights to cast vote in federal elections and various other such authorities. However, it comes with a condition of maintaining resident status for at least 5 years and 3 years when married to a U.S. citizen.
Government benefits and loan
An individual having permanent residency can avail many types of financial aid which may include business grants, home loans or any financial assistance programs.
Protection from deportation
The person complying with the U.S. laws and residency requirements can avail limited protection from deportation unlike visa holders who have higher chances to lose their status because of job termination or visa expiration.
Social security and medical benefits
If a person has worked in the United States for 10 years, he may be eligible to secure various social security and medicare benefits after reaching retirement age.
Legal protection
After obtaining a green card in the USA, an individual is eligible to have the same legal rights or authorizations as U.S. citizens. They are protected under federal and state laws that assure access to no partiality in employment, education, medical benefits, financial aid etc.
Types of Green Card USA:
There is no denying the statement that obtaining a Green Card of the USA is a major milestone on the path of living and working in one of the most financially robust and popular countries in the world’s map. The U.S government has categorised the green card into different types and categories and each of them is tailored to different situations. Given below is a brief explanation of those common types that will help you to apply for the most suitable green card for suiting to your purpose-
- Family based green card
Family based immigration has come up as one of the most common ways to get lawful permanent residency in the United States. A significant number of people apply for this card while sponsoring their family members such as the spouse of the U.S. citizen (IR1/CR1), parents of the U.S. citizen (IR5) and also siblings of the U.S. citizen (IR2/CR2). All of these types fall into different preference categories and may have different annual limits.
The family based immigration process includes intrinsic complexities which require expert guidance from expert immigration consultants that can assure the applicant about thorough documentation and smoother immigration process in a timely manner.
- Employment-based Green Card
Employment-based green cards are generally the permanent residence cards that permit U.S. foreign citizens to live and work in the United States for a lifetime. Given below are certain employment-based green card categories with eligibility requirements of an individual-
The U.S. government grants employment-based green cards based on the above-mentioned specialized skills or talent. Under this category, the spouses and children of the workers can be eligible for green card.
- Diversity Visa Lottery green card
Under this category of diversity visa lottery or DV Lottery, the U.S. government provides visas to immigrants from different nooks and crannies of the world and that too at low rates of immigration to the United States. It is a special program named Diversity Visa Lottery Program which is administered by the Department of State or DOS. Under this program, the U.S. government selects up to 50,000 people from applications it receives from six geographic locations that include Africa, Oceania, and Asia. Only people from these countries who earlier had opportunities of little immigration to the United States can be a part of this lottery system. People having different migration status or applicants living in their home counties cast their entries under this category of green card.
- Special category or other green cards
The major difference between these two is that special categories of green cards are for individuals who are granted permission by the government to enter the United States based on a specific type of eligibility category. However, the other green card category refers to those who have obtained their green card through other means.
Who Is Eligible For A Green Card?
In order to apply for a green card, one must be eligible for one of the given categories listed below. After finding out the most suitable category, they can proceed with the application step-by-step.
Family-based: Spouses, children, parents, or siblings of U.S. citizens and permanent residents can apply under the family based green card of the United States.
Employment-based: Priority workers who belong to EB-1 category, advanced degree professionals who belong to EB-2 category, and skilled or other workers who belong to EB-3 category can apply for a green card.
Diversity lottery: It includes random selection of people from various countries. Countries with low U.S. immigration rates are likely to be selected easily.
Special category: religious workers, retirees, broadcasters, special immigrant juveniles, and afghan and iraqi nationals are eligible to apply for a green card under this category.
Documents Required for a Green Card USA
To apply for a Green Card USA, an individual may require below-mentioned common documents. The need for additional paperwork and other documents entirely depends on the category of the green card selected by the applicant.
- Valid passport
- Birth certificate
- Marriage certificate (if applicable)
- Proof of sponsor’s U.S. citizenship or Green Card status
- Proof of employment (job-based applications)
- Investment proof (EB-5 applicants)
- Medical examination report (Form I-693)
- Affidavit of Support (Form I-864) for family-sponsored applications
- Police clearance certificate (if required)
Step-by-Step Green Card Application Process
Step 1:
Identifying the most suitable green card category based on the requirements such as employment, family ties, investment, or other qualifying factors comes on the top of the process.
Step 2:
The applicant or their sponsor needs to file an immigration petition with the USIC which may belong to different categories of forms such as Form I-130 (family based green cards), Form I-140 (employment based green cards), and Form I-526 (investment based green cards of EB-5).
Step 3:
Green cards are subject to annual limits which means that the applicant may need to wait for visa availability. People from different countries need to face different wait times depending upon the demand and India remains on the top requiring larger applications to be approved.
Step-4:
It is filing form I-485 or consular processing. Once the applicant finds availability of a visa, he may proceed with adjustment of status under Form L-485 if already in the U.S. and consular processing if outside the U.S. attending the interview at U.S. embassy.
Step 5:
It is a biometric interview in which an applicant has to provide fingerprints, photographs, and signature along with a possibility of scheduled interview by the USIC.
Step 6:
It is the last step. After the approval of the above-mentioned steps, the applicant receives a U.S. green card having rights to live and work like a permanent resident of the United States.
How Long Does It Take To Get A Green Card?
The U.S. Green card processing time or wait time can significantly vary depending upon the category.
Family-sponsored: 1–20 years depending on preference category and relationship with the U.S. citizen. Spouses, parents, and minor children of the U.S. citizen belong to this category which does not have any yearly quota limit.
Employment-based: For the EB-1 category, the wait time remains 1–3 years. For the EB-2/EB-3 category, the wait time may last up to several years due to a backlog for people from several counties. For the EB-5 Investor category, the wait time typically remains 2–3 years depending upon the country.
Right and Responsibilities of Green Card Holders
An individual having a green card is entitled to receive all the rights of U.S. citizens except the right to vote. Once becoming a permanent resident, they are eligible to protect their family, to cross the border without needing a visa, to take credits, to avail discounts, to start business, to apply for a scholarship for education and much more. However, obtaining the green card does not simply mean that the green card holder is eligible to avail the benefits associated with the card. It also comes with certain responsibilities along with the provided rights. Therefore, it is important to understand those obligations in order to become a responsible permanent resident of the country. Below is a quick overview of the rights and responsibilities a green card holder has:
The Rights That A Green Holder Poses:
- The green card entitles the holder to legal residence in the United States for 10 years. Once the period is over, the green card eligibility can be extended
- The green card USA allows its beneficiary to leave the USA and come back to the country within a year. In case of leaving the USA for more than a year, the card holder must obtain a special return before travelling by filling up an application form L-131 with a fee of approximately $70.
- With the card, the individual can call their relatives to visit them but they cannot claim to receive their own green card to immigrate to the USA.
- The person obtaining the green card works in any field other than in politics without requiring additional documentation for employment purposes.
- After completing 10 years, a green card holder can seek social and financial assistance in case of certain disability, pension, and unemployment.
- It becomes much easier for the green card holder to get credit processing and reduced bank interest in comparison with foreign citizens.
- There is a benefit of free education at state and municipal schools for all the green card holders. Also, the educational fee in the state universities for the green card holders is significantly lower than for international students.
- Becoming a citizen is one of the greatest benefits. If a person has completed 5 years as a permanent resident in the country, he is eligible to apply for citizenship in the country.
The Responsibilities A Green Card Holder Needs To Fulfill
- All US residents are entitled to pay taxes and so a green card holder needs to complete their personal tax return annually right from the day of receiving the green card. Being sincere at paying tax is a must to-do thing, in case of avoidance of any financial report, the government has to keep your status as an American resident at risk.
- Green card holders, like other US residents, are obligated to obey the laws of the country, their state of residence and their local jurisdictions.
- It is extremely important for the green card holders to carry their green card USA with them at all times. Not having the card can lead them to up to 30 days in jail.
- The green card holders have certain restricted rights as they may not be able to engage in any attempts to change the form of government through any kind of legal means.
Green Card Renewal and Replacement
When to renew your green card?
You may be required to renew your existing green card for several reasons including expiration, loss/ theft/ damage, and name change or other correction related to the card.
When to replace your green card?
As a lawful permanent resident, one can renew or replace their green card. However, in the case of a conditional permanent resident, one can only replace the card.
How to renew your green card?
Both processes- renewing or replacing the green card can be done online or by mail by filing up the form of Form I-90 (for lawful permanent resident) and Form I-751 or Form I-829 (for conditional permanent resident). To complete the process, one needs to pay the filing fee for a Green card renewal or replacement. The cost may vary based on the reason for requiring a new card.
Or if one decides to complete this task with the help of an expert like Phoenix Business Advisory, they may ensure flawless filing and prompt response from the government to resume their permanent residency with no hassle.
Common Reasons of Refusal of Green Card Applications and Ways to Avoid Them:
Before availing the benefits of permanent residency, green card requirements associated with the application comes with a complex process. This complexity often leads to increased risk of green card refusal. A denial can potentially and emotionally cause slowdown or extended application processing time of the green card process. However, by following legal, step-by-step and appropriate approach and understanding of common reasons for denials can certainly form a practical way to avoid them significantly. Good understanding of these reasons can increase the chances of success in the green card process. Mentioned below are some of the common pitfalls that many applicants go through and they must be avoided strictly for success application process-
Green card eligibility
A green card application must fulfill certain eligibility criteria which is usually based on the situations of an applicant. It is important to determine the eligibility category under which the applicant should file immigration petition such as family-based, employment-based, diversity visa lottery, or refugee green card. Selecting the wrong category can lead to failure. Lack of proof, insufficient employment-based requirements, and failure in required consular processing may come up with application rejection. In case of any uncertainty, it is always a wise choice to consult an expert like Phoenix Business Advisory who can help avoid such reasons of denial.
Incomplete application form
Failing to know the right category can make the filing incorrect application and lead to immediate rejection, delays, or Request for Evidence (REF). Missing forms, lack of supporting documents, improper or incomplete answers, incorrect personal information, and document submission without an English translation are few factors that need to be considered through professional assistance.
Insufficient supporting documents
The USIC requires evidence or supporting documentation to verify eligibility for permanent residence. While reviewing the process, if any document including relationship proof, financial supporting form, or evidence of qualification is found incomplete, the application may get rejected. Submission of organized documents while following the USIC check can help avoid rejection.
Criminal history or security issues
Any individual holding criminal history or security related concerns can raise a red flag to rejection of the green card process. Crimes involving mortal turpitude or aggravate felonies lead to denial which may also include conviction for fraud, money laundering, drug trafficking, sex crimes, terrorism, and affiliation with criminal organizations. These are the grounds for denial of the application process of the green card.
Health related concerns
Any diseases or conditions that could be a risk for public health and cause safety risk may be considered as a reason for application rejections. An applicant needs to pass a medical exam under supervision of a government-approved civil surgeon. The most common health related grounds could include communicable disease, missing vaccination, drug addiction, mental condition, and serious physical illness can be a public risk.
Immigration violations:
The officials of the USIC carefully review the past immigration records and if any violation is observed, they can immediately remove the proceedings. In general, the prior immigration violation that could lead to inadmissibility may include criminal convictions, visa overstays, deportations, unlawful presence. With the help of legal guidance, such inadmissibility issues can be addressed and requests for waiver, if eligible, can be raised.
Public charge ground:
The USIC can completely refuse the application of an individual becoming financially dependent on the government. The government thoroughly assesses income, assets, education, family status, health and various other factors determined to prove self-sufficiency of an applicant. For instance- if an individual is applying L-1 visa to green card (whether it is L1A visa to green card pathway or L1B visa to green card pathway), he may need to present all the evidence to prove self-sufficiency to support the economic structure of the USA while availing government-offered benefits for citizens.
How can Phoenix Business Advisory help you?
Well, doing it all alone is not possible. Also, allowing small mistakes to miss your deadline or cost your green card is not at all fair. Seeking professional guidance is always the best choice to get your application easy, quick and hassle-free. Phoenix Business Advisory is backed with expert knowledge of Mr. MP Singgh - Global Business Strategist and therefore professionals of the expert consultant company help you complete your application flawlessly and also in a timely manner. The company has gained many years of experience in providing ethical immigration assistance to a significantly larger number of Indian nationals.
If you are among the one being inadmissible, our professional can assist with filing a waiver under immigration law. We help our applicants navigate the process effectively by ensuring accurate documentation, addressing security related concerns, and meeting all eligibility requirements that can dramatically increase your chances of obtaining a green card. If you are ready to begin with the process, now is the right time to contact our professionals. Call us or email us to receive prompt assistance.
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