Updated: 8th Mar 2023.
The Permanent Resident Card, commonly known as the green card, is a document that grants an individual the right to permanently reside and work in the United States. Green card requirements refer to the eligibility criteria for obtaining a permanent residency card in the U.S. The process of obtaining a green card can be a challenging and time-consuming process, and it is important to understand the requirements before beginning the application process.
In this article, we will discuss the various green card requirements that must be met to obtain permanent residency in the United States.
See Also: The cost required to complete the green card application.
Eligibility for a Green Card
The first step in obtaining a green card is determining if you are eligible for one. There are different ways to obtain a green card and settle in the U.S. It includes, family, employment, refugee or asylee status, diversity lottery, or special immigrant status.
- Family sponsorship: US citizens and permanent residents can sponsor certain family members for a green card. Spouses, unmarried children under 21 years old, and parents of US citizens are considered immediate relatives and have priority in the green card process. Other family members, such as siblings and adult children, may also be eligible, but there may be longer waiting times for visas to become available.
- Employment: Individuals with job offers from US employers may be eligible for a green card through employment-based categories. There are five employment-based preference categories, ranging from priority workers with extraordinary abilities to skilled workers and professionals to unskilled workers.
- Refugee or asylee status: Individuals who have been granted refugee or asylee status may be eligible for a green card after one year of residency in the US.
- Diversity lottery: The Diversity Immigrant Visa Program, also known as the green card lottery, is a program that randomly selects individuals from countries with low rates of immigration to the US. The lottery is held annually, and winners are chosen through a computer-generated process.
- Special immigrant status: There are several special immigrant categories, including religious workers, certain international broadcasters, and Afghan or Iraqi nationals who worked for or on behalf of the US government.
Green Card Requirements for Family-based Immigrants
There are several options available under U.S. immigration law for family members of U.S. citizens or permanent residents to obtain permanent residency (also known as a Green Card) to live in the U.S.
See Also: Form I-864: Affidavit of Support, Requirements of sponsoring your permanent residency
Green Card Requirements for Parents
If you want to bring your parents (either mother or father) to stay in the United States with a Green Card holder status, you must be a U.S. Citizen and complete 21 years of age. Green Card holders cannot petition their parents to get a green card.
If your mother lives outside the U.S.
- Form I-130, Petition for Alien Relative
- A photocopy of birth certificate document that shows proof of your name and your mother’s name
- A photocopy of your naturalization certificate or valid passport (if you were born outside the U.S.)
If your father lives outside the U.S.
- Form I-130, Petition for Alien Relative
- A photocopy document that shows proof of your name and both parents name
- A photocopy of your naturalization certificate or valid passport (if you were born outside the U.S.)
- Legal marriage certificate of your parents
If your father lives outside the U.S. & you were born out of wedlock and you are not legitimated by your father before 18th birthday
- Form I-130, Petition for Alien Relative
- A photocopy of birth certificate document that shows proof of your name and your father’s name
- A photocopy of your naturalization certificate or valid passport (if you were born outside the U.S.)
- Emotional or financial bond between you and your father before your marriage or you reaches 21 years of age (whichever comes first)
If your father lives outside the U.S. & you were born out of wedlock and you are legitimated by your father before 18th birthday
- Form I-130, Petition for Alien Relative
- A photocopy of birth certificate document that shows proof of your name and your father’s name
- A photocopy of your naturalization certificate or valid passport (if you were born outside the U.S.)
- Proof of your legitimated before your 18th birthday
If you need to bring your step-parent to the U.S.
- Form I-130, Petition for Alien Relative
- A photocopy of birth certificate document that shows names of your birth parents
- Legal marriage document of your step-parent and birth parent (marriage took place before your 18th birthday)
- A photocopy document of previous marriage which ended up with divorce decrees, death certificate which shows a legal proof
If you need to bring your adoptive-parent to the U.S.
- Form I-130, Petition for Alien Relative
- A photocopy of birth certificate document
- A photocopy of your naturalization certificate or valid passport (if you were born outside the U.S.)
- Legal proof of adoption document occurred before your 16th birthday
- Provide a statement that lists the dates and locations where you have resided with your parent
Green Card Requirements for Spouse
If you want to bring your husband or wife to stay and work in the United States with a Green Card holder status, you must be either a Permanent Resident or U.S. Citizen.
To start and complete the application process, you (the petitioner) must submit:
- Form I-130, Petition for Alien Relative, with proper sign and the required fee, all required documentation, that includes:
- Legally valid marriage certificate
- A document showing the divorce decrees, death certificates, or annulment decrees is required to prove that all previous marriages entered into by you and/or your spouse have been legally terminated.
- Yours and your spouse passport style photographs (check green card photo requirements)
- Proof of legal name changes of yours and your spouse
If you are a U.S. citizen, you must submit any one document from the below list
- A photocopy of your current and valid U.S. passport
- A photocopy of your U.S. birth certificate
- A photocopy of Consular Report of Birth Abroad
- A photocopy of your naturalization certificate
- A photocopy of your certificate of citizenship
If you are a Green Card holder, you must submit any one document from the below list
- A photocopy both front and back side of Form I-551 (Green Card)
- A photocopy of your foreign passport, which displays a temporary evidence stamp of your permanent residency
Green Card Requirements for Siblings
If you want to bring your brother or sister to stay in the United States with a Green Card holder status, you must be a U.S. Citizen and complete 21 years of age. Green Card holders cannot petition their siblings to get a green card.
- Form I-130, Petition for Alien Relative, with proper sign and the required fee, all required documentation, that includes:
- A photocopy of yours and your sibling birth certificate to verify one common parent for both
- Any one of yours U.S. citizen proof such as:
- A photocopy of your current and valid U.S. passport
- A photocopy of your U.S. birth certificate
- A photocopy of Consular Report of Birth Abroad
- A photocopy of your naturalization certificate
- A photocopy of your certificate of citizenship
Note: Not required to submit a separate form for your sibling’s spouse or children with unmarried status and under 21 years of age.
Additional Documents for some scenarios:
- Adoption: You need to submit a photocopy of the adoption decree(s) if your relation to siblings is through adoption. (It must take place before 16 years old)
- Step-Parent: You need to submit 1) A photocopy of the legally terminated of previous marriage between your natural parent & step-parent and 2) a photocopy of the legal marriage certificate of your step-parent and natural parents if your relation to siblings is through step-parent.
- Paternal half-siblings: If your relationship with your siblings is through a common (biological) father but different mothers, you need to submit 1) a the photocopy of marriage certificate of your fathers with each mother and 2) the previous marriage termination certificate of your father or mother.
Note: You need to submit yours and your siblings proof of legal name change if any.
Green Card Requirements for Employed-based Immigrants
There are several options available under U.S. immigration law for foreigners to obtain permanent residency (also known as a Green Card) by working in the United States. These options fall under the category of employment-based (EB) “preference immigrant” categories.
- EB-1 (1st Preference) – Priority workers
- EB-2 (2nd Preference) – Professional degree holders or person with exceptional ability
- EB-3 (3rd Preference) – Skilled workers, professionals or other normal workers
What to Submit
- Form I-485, Application to Register Permanent Residence or Adjust Status
- A photocopy of Form I-797, Receipt or Approval Notice of Form I-140 (which is filed on your behalf)
- Form I-485 Supplement J to verify the job offered accepted by you is bona fide
- If you are self-petitioning, you must provide a signed statement affirming your intention to work in the occupational field specified in Form I-140.
- 2 Passport photographs
- A photocopy of your government-issued identity document with photograph
- A photocopy of your birth certificate
- A photocopy of your passport (nonimmigrant visa) if applicable
- A photocopy of your passport page with admission or parole stamp which is issued by a U.S. immigration officer (if applicable)
- A photocopy of either your Arrival/Departure Record (Form I-94) or the admission or parole stamp from the U.S. Customs and Border Protection (CBP) on your travel document (if applicable).
Conclusion
If you are starting the green card process, and have questions about the required documents, and eligibility, or support in preparing the application, look no further than ImmigrationDirect. We also support you with lawyer consultation for your immigration questions.
The quicker you submit your application with our help, the faster you will obtain a green card. Contact us today!
