Green Card (Permanent Residence)

Who is a Green Card Holder (Permanent Resident)?

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." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

The steps to becoming a Green Card holder (permanent resident) vary by category and depend on whether you currently live inside or outside the United States. The main categories are:

• ·         Green Card Through Family
• ·         Green Card Through a Job
• ·         Green Card Through Refugee or Asylee Status
• ·         Other Ways to Get a Green Card

If you are already a Green Card holder, see our After the Green Card Is Granted webpage for information on:

• ·         Renewing or replacing your Green Card
• ·         Removing conditions on a Green Card 
• ·         Travel outside the United States
• ·         Rights and responsibilities of Green Card holders

The "Green Card Processes & Procedures" section provides additional information on:

• ·         Green Card Eligibility: Learn who can apply for permanent residence
• ·         Adjustment of Status: Learn about the multi-step process for individuals inside the United States that want to get a Green Card
• ·       Consular Processing: Learn about the multi-step process for individuals outside the United States that want to get a Green Card.

Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

·         An immediate relative of a U.S. citizen, this includes 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, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older

·         A family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder

a member of a special category, this can include battered spouse or child (VAWA), a K non-immigrant, a person born to a foreign diplomat in the United States, a V non-immigrant or a widow(er) of a U.S. Citizen.

Green Card for an Immediate Relative of a U.S. Citizen:

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

·         Spouse

·         Unmarried child under the age of 21

·         Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

For other qualified relatives that a U.S. citizen may petition for, see our Green Card for a Family Member of a U.S. Citizen page.

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

Two Step Process

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

·         Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

·         Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for immediate relatives of U.S. citizens, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.”  The Department of State will notify you when you are eligible to apply for an immigrant visa.  If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

Things to keep in mind:

·         Turning 21 years of age. When an immediate relative child of a U.S. citizen reaches the 21 years of age, he or she generally will become a “first preference” (F1) category son or daughter (over 21 years of age) of a U.S. citizen, and will no longer have a visa immediately available. This change may result in a significant delay in adjustment of status or visa processing because he or she will now need to wait for an immigrant visa to become available. For more information, see our Visa Availability & Priority Dates page.

·         Child Status Protection Act. In certain cases, the Child Status Protection Act (CSPA) may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you. To determine if the CSPA applies to you, see the Child Status Protection Act page

·         Getting Married. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

Green Card for a Family Member of a U.S. Citizen

U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters.

“Immediate relatives” of a U.S. citizen, defined as one’s spouse, unmarried children under the age of 21, and parents, always have a visa number immediately available and are discussed in the “Green Card for an Immediate Relative of a U.S. Citizen” link to the left.

If your relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.”  Eligible relatives include:

• Unmarried sons or daughters over the age of 21
• Married child(ren) of any age
• Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.

This page discusses the steps required to get a green card (permanent residence) for relatives of a U.S. citizen in a preference category.

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

• Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”
• Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status.  Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” link to the left under “Green Card Processes & Procedures.”

Get a Green Card While Outside the United States

If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For information on consular processing see the link to the left under “Green Card Processes & Procedures.”

Things to keep in mind:

• The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you. To determine if the Child Status Protection Act (CSPA) applies to you, see the “Child Status Protection Act” link to the left under “Green Card Processes & Procedures.”
• Getting Married. If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an “Unmarried Son or Daughter of a U.S. Citizen” and will convert to the category of “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in your immigrant visa becoming available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”

Green Card for a Family Member of a Permanent Resident

To promote family unity, immigration law allows permanent residents of the United States (green card holders) to petition for certain eligible relatives to come and live permanently in the United States.  A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa number becomes available. If your family relationship qualifies you as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category.”

This page discusses the steps required to get a green card for relatives of a permanent resident (in a Family 2nd Preference category). 

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a permanent resident, you may be able to become a permanent resident in two steps.

• Step One – Your permanent resident relative must file Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current.  Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. permanent resident relative.  For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”
• Step Two – Once the priority date in your visa category is current, you may file for adjustment of status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of status is the process you go through to become a permanent resident. For more information, see the “Adjustment of Status” link to the left under “Green Card Processes & Procedures.”

Get a Green Card While Outside the United States

If you are currently outside the United States and are one of the specified eligible categories of relatives of a permanent resident, you can become a permanent resident through consular processing. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for preference category relatives of permanent residents, see the links to the left under “Green Card Processes & Procedures.”

Things to keep in mind:

• Turning 21 years of age. If you are an unmarried child of a permanent resident, turning 21 years of age may delay the process of becoming a permanent resident or obtaining an immigrant visa.  You will no longer qualify as an “Unmarried Child of a Lawful Permanent Resident” (F2A) and will convert to the category of an “Unmarried Son or Daughter of a Lawful Permanent Resident (F2B).” This change in categories may result in a significant delay in your immigrant visa becoming available. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”
• The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. To determine if the Child Status Protection Act (CSPA) applies to you, see the “Child Status Protection Act” link to the left under “Green Card Processes & Procedures.”
• Getting Married. If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you no longer qualify for permanent residence through your permanent resident family member. There is no visa category for a married child of a permanent resident. Note: You must notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.
• Permanent Resident Relative Becomes a U.S. citizen.  If the permanent resident relative that petitioned for you becomes a U.S. Citizen, your preference category would change and a visa may be available sooner.  This is because you would now be getting a green card as a relative of a U.S. citizen.  For more information on getting a green card through a U.S. citizen relative, see the “Green Card for a Family Member of a U.S. Citizen” and “Green Card for an Immediate Relative of a U.S. Citizen” links to the left under “Green Card Through Family.”