A “Green card” is a document conveying permanent residency status in the United States. You may be eligible for this status through marriage, family members, or employment in the United States. After an extended stay under this status, you may be able to your convert permanent residency and become a naturalized US citizen. However,since a green card is dependent on a permanent stay in the United States, leaving the country for an extended period of time might lead to the loss of this status. All this and more is explained in this article by Adv. Michael Decker, a partner in our law firm specializing in United States immigration law.
What is a green card, and what rights does it grant?
“Green card” refers to permanent residency status in the United States, which allows you to live and work there. The official name of a green card is a “Permanent Resident Card.” According to official estimates, approximately 13.9 million people, coming to the United States from all around the world, hold this coveted status. Green card holders enjoy a variety of rights, including the right to live in all of the Unites States’ jurisdiction, the right to work in the Unites States (except in certain federal positions, or companies under contract with the federal government), and even the right to apply for a green card on behalf of family members (such as spouses and unmarried children). Green card holders also have the right leave the Unites States’ jurisdiction as for up to one year, and retain their resident status.
It should be noted that alongside these rights, green card holders are also subject to obligations, such as the obligation to obey federal law and the laws of the various states, as well as the obligation to pay taxes to the United States’ tax authorities (the IRS). However, this is (justifiably) a coveted status, which many around the world wish to enjoy. Later in this guide, we present the main types of green card, and provide details about the process required to obtain a green card, the possibility of green card revocation after it was granted, and the possibility to convert a green card to an American citizenship.
How can you obtain a green card through marriage?
The United States federal government prescribes more than a few categories for receiving a green card, but one of the main ones is the category of a green card through marriage to an American citizen (including same sex marriage). The basic condition for receiving a green card in this track is holding a valid marriage certificate. The marriage needn’t necessarily be performed in the United States. Marriage to Unites States citizens performed in another country can still serve as basis for green card eligibility through marriage. Our law firm assists in handling civil marriage in the United States, as well as a variety of other countries (such as Cyprus, the Czech Republic, and Georgia, which have a lax policy regarding the marriage of Israeli citizens, and foreign citizens in general).
It should be noted that the American authorities might also recognize proxy marriage, meaning marriage in the presence of only one party, or even performed without the partners having to be present, including through visual conference using the application Zoom (an option which also currently exists in the State of Utah in the United States). It’s important to know that in addition, if the marriage ceremony is performed outside of the US, you’ll need to verify the marriage certificate with an apostille, or by creating a notarial English translation (since in most cases, the original document is issued in another language). Our law firm also assists our customers with these services.
Of course, marriage certificates and valid proofs of marriage are only the beginning in obtaining permanent status, as it’s not automatically granted in such cases, and requires filing an application and complying with numerous conditions and requirements. As part of this, the applicants are required to prove the honesty of their spousal relationship to the United States’ authorities, and prove that they have certain affiliation with the United States. Furthermore, they’ll need to present evidence of the spouses’ financial stability, in order to show that the applicants would not form a financial burden if they are granted permanent residency status. Aside from complying with these criteria, the applicants would have to submit quite a few forms and documents as part of the application process, as well as pay certain fees. When it comes to this process, we recommend seeking the assistance of a lawyer specializing in United States immigration law, who can provide the best assistance in filing the application.
How can you receive a green card through family members?
Besides the possibility to obtain a green card through marriage with Unites States citizens, you can also obtain a green card through family members who are American citizens, who can also serve as sponsors (sponsorship by a family member). Family members complying with this requirement include parents, children under 21 years of age, and siblings. Aunts, uncles, and grandparents are not considered as compliant with the criteria in this matter. As part of the application, the applicants must present evidence of family relation. In addition, they will have to present evidence that they have the financial capacity to serve as sponsors, to avoid the green card receivers from becoming a public burden. In this track, too, you’ll have to file many other forms and documents as part of the application. The precise list of documents depends on each specific case.
The main difficulty in obtaining permanent status through family members other than spouses is the processing time of this type of green card. In light of the backlog of the United States’ immigration authorities, as well as quota limitations of applications approved each year, the process might take a relatively long time until you can finally obtain this status, sometimes even over a decade. In light of the difficulty in estimating the processing time in advance, and planning your move to the United States accordingly, those who wish to be permanent residents but don’t wish to wait this long, should consult a lawyer specializing in United States immigration law, and consider other tracks for moving to the United States, including an investment visa, or a green card based on employment in the United States. Below we provide details about the latter.
How can you receive a green card through employment in the United States?
Millions of legal work migrants come to the Unites States, to work in its various area of industry. Many of them might be eligible to receive permanent residency based on their employment. Immigration laws in the United States categorize the types of employees in a number of categories, based on training, professional experience, and relevant education. This first group (first preference) is foreign citizens with exceptional abilities in areas such as science, education, business, athletics, or art, as well as professors or researchers who excel in their field, and managers or senior officers in international companies or in certain business areas. This second group (second preference) is foreign citizens professionally trained in a number of certain areas, who hold advanced degrees, or have exceptional professional abilities. This third group (third preference) is a variety of other workers with certain professional specialties or professional training.
Aside from this group, there are additional groups that might allow you to obtain permanent status, such as religious leaders or foreign investors wishing to make business investments in the United States in particularly high amounts. Being part of one of these groups might allow you to apply for permanent status. This application is filed by employers, or in certain cases by the applicants themselves. In more than a few cases, the applicants’ nuclear family members (spouses and children) might also be granted a green card or a visa, allowing them an extended stay in the United States.
What is the green card lottery, and should you apply?
Each year, the federal government grants approximately 50 thousand visas, called Diversity Visas (DV). These visas are granted through the “Green Card Lottery”. Visas are mostly granted to those born in countries with low percentages of immigration to the United States (less than 50 thousand immigrants in the 5 years previous to the lottery date). The lucky winners get the opportunity to file a permanent residency application in the United States, i.e. apply for a green card. This opportunity will not only be granted to them, but also to their spouses and unmarried children under 21 years of age. Those who obtain permanent status in the US following this will have an opportunity to exercise their eligibility within 6 months of receiving permanent status, by entering the United States. If the applicants are already in USA at the time that status is granted, they could request to update their residency status accordingly. It’s important to understand that this track does not automatically allow you to obtain permanent status, but only provides a visa at first. Only later, subject to compliance with the process’ requirements, a green is card sent by post to those eligible.
We encounter many questions about this subject from customers wishing to participate in the lottery, wondering whether they should. Although the answer to this question is highly individualized, a number of variables should be taken into account. First, it’s important to understand that the amount of visas granted as part of the lottery is very low relative to the amount of applicants. Almost 12 million people apply for a green card each year under this plan. Out of them, approximately 100 thousand candidates are chosen, and the first to initiate the process could obtain an actual visa, subject to the quota of approximately 50 thousand visas granted every year. Beyond the inherent speculative nature of this process, it’s important to know that misinformation is quite common on the web, including cases of actual fraud, where websites are operated and offers are sent by email from swindlers who have no connection to the program. Accordingly, it’s very important to be careful while filing your application to the program. In addition, we recommend seeking the advice of a lawyer specializing in United States immigration law, in order to better understand your chances of entering the program, as well as examine additional immigration tracks to the United States that might be available to you.
How long does the green card process take?
There is no one answer to this question, and it is highly dependent on the circumstances of each individual case, as well as the specific track of the application. Applications through family members might be examined for several years, between 7-15 years on average. Sometimes, the waiting period is shorter or longer than this, but this depends on many variables, which usually can’t be predicted in advance. In contrast, a green card application through marriage usually takes much less time, approximately two years. In exceptional cases, you might be able to request expedited processing. In order to better understand the expected duration of the process, and whether the circumstances of the case would allow you to request expedited processing, it’s recommended to consult a lawyer specializing in United States immigration law.
Can the United States authorities revoke your green card eligibility?
The answer is yes, absolutely. The United States authorities consider this status as permanent status in the United States, and in accordance, expect those holding it to actuality live there. Those frequently leaving the United States for extended periods of time are still required to visit the country at least once per year. Even then, it might be that upon returning to the Unites States, the green card holders would be questioned by the border control, which might lead to the revocation of their green card eligibility.
There may be cases that justify an extended stay outside the United States, such as working for a international company, requiring frequent travel, or moving to another country for a few years as part of short-term business relocation. Likewise, family circumstances, such as the illness of a relative, might constitute grounds justifying an extended stay outside the United States. However, it’s important to prepare documents proving the above, since in the eyes of the United States’ immigration authorities, green card holders carry the burden of proof. In these cases, it’s important to seek legal assistance from a lawyer specializing in United States immigration law.
Can you convert permanent residency to an American citizenship?
The answer is yes, and in fact, the overwhelming majority of permanent residents in the United States are eligible to do this, or become eligible after a certain period of time. This period of time changes according to individual circumstances. In general, permanent residents, who have resided in the United States for at least 5 years, can file a naturalization application. Permanent residents married to American citizens for at least 3 years are required to stay in the United States for six months, and can then file a naturalization application.
How can US green card holders file a naturalization request? An extended stay in the United Stated while having permanent status (a green card) usually allows you to file a naturalization application. If the application is accepted, the applicants will be granted the right to enjoy an American passport, and a variety of rights enjoyed by United States citizens. It’s important to know that, in general, a naturalization application in this track requires you to comply with various conditions, including proving affiliation to the United States, beyond the English language test and the citizenship test.
American citizenship – the dream of many
The “American dream” is a term describing the sense of financial security and near endless opportunities that every American citizen can enjoy. More than a few Israelis aspire to live out the American dream, become Unites States citizens and hold the coveted American passport, which would allow them to enter the Unites States without limitation, and even visit over 180 countries without needing to issue a visa. This is in addition to all other social and employment opportunities reserved for United States citizens.
Many are wrong to believe that an American citizenship is reserved only for those with family members who are American citizens. Even though this is indeed one of the most popular tracks for obtaining an American citizenship, there is another naturalization track for those with permanent residency status in the United States. Green card holders might be eligible to apply for naturalization, and become Unites States citizens by filing this application. This may be possible even if the green card holder has no American family members. Thus for example, holders of green cards obtained through employment in the United States may be eligible to file a naturalization application after an extended stay in the United States. Below we provide details about the various types of green card, and explain the application process for a naturalization application by green card holders.
What types of green card might allow you to file a naturalization application in the United States?
Not everyone is aware of this, but there are several different types of green cards. This includes a green card through marriage with an American citizen. The process for obtaining a green card through this track might take about two years on average. Aside from this, there is also a green card track through family members who are American citizens, including parents, minor children under the age of 21, or siblings. Green card applications in this track might take more time than other types of green card. However, sometimes you can speed up the process. In addition, green cards can be granted through employment in the United States, for people with professions or education considered vital in the United States, or for even business people making investments in high amounts. These types of green cards, as well as others, might grant their holders eligibility to apply for naturalization in the United States.
What does the naturalization application process involve for green card holders?
The naturalization application for green card holders is performed through the United States’ immigration authority (the USCIS). According to the law, the application must be filed at one of the immigration authority’s offices, located in the applicants’ residential area. This means that usually, there is no way to choose where to file the application. The duration of the process is highly dependent on the specific office where the application is filed, the backlog of applications filed to that office, and the relative efficiency level of that specific office.
As part of the application’s submission, it’s important to present the immigration authority with evidence indicating the applicants’ affiliation to the United States. This evidence can comprise real property holdings in the United States, various asset holdings (such as a personal car), family relations with American citizens, and employment with a United States employer. However, these are only examples, and there are additional personal details that might be accepted as proof of eligibility for an American citizenship for green card holders, in accordance with the United States’ authorities’ discretion.
After the application is filed, and then examined by the authority, green card holders are required to pass an English language test and a citizenship test. This is in accordance with the rules determined by the USCIS. After successfully passing these tests, they can file an American citizenship application. Following this, the applicants are officially granted an American naturalization certificate. With this certificate, the new citizens can apply for an American passport, and enjoy all rights granted to Unites States citizens.
How long does this process take?
The precise processing period depends on the specific application track, as well as the individual circumstances of each case. Usually, this process takes about 5 years, and the green card holders must stay in the United States for at least half of this period. After this extended stay in the United States with permanent status, you may file a naturalization application.
Sometime, the application can be filed within 3 years. For example, this is possible when one of the green card holders is married to an American citizen. This is done with an application filed through the I-130 Form. It should be emphasized that the United States authorities will make sure that the green card applicant is staying in the United States for most of this period. Accordingly, it’s important to know that if the applicants move to their country of origin after filing the application, this might lower the application’s chances.
How can United States immigration lawyers assist with this process?
Even though, in principle, you can file a United States naturalization application independently, there are many advantages to seeking the assistance of a lawyer, specializing in United States immigration law, with this process. A United States immigration lawyer can assist you in avoiding common mistakes which might take place during the process and stall it. These kinds of mistakes include filling out the application form incorrectly, making mistakes during interviews, in the English language and citizenship tests, and so on.
Aside from this, it’s also very important to seek the assistance of a lawyer in cases where the application is filed by people whose application might be problematic for various reasons, such as having a past illegal stay in the United States, having criminal record in the United States or outside of it, etc. In such cases, it’s very important to file the applications with the help of someone familiar with the law and with federal legal precedent in this topic, in order to overcome these barriers inasmuch as possible, and maximize the application’s chances of being accepted. In accordance with this, we recommend seeking the assistance and representation of a United States immigration lawyer, from the beginning of the process and throughout its course.
Contact a United States immigration lawyer
In this guide, we answered frequently asked questions about the main ways in which you can obtain permanent residency in the United States, as well as questions about the time of processing of permanent residency applications, cases where such status can be revoked, and the chance to convert this status into an American citizenship. In addition, we explained green card holders’ possibility to file a naturalization application, and detailed the types of green card that may allow this, as well as the process for obtaining citizenship in this way. If you have any other questions about this subject, or if you need any assistance with the process, you’re invited to contact our law firm, and we would be happy to assist you.
The lawyers from our law firm specialize in visa application procedures, naturalization applications and the regulation of legal status in the United States, providing comprehensive legal services and assistance, based on extensive professional experience in this area. To schedule a meeting at our law firm with a lawyer specializing in United States immigration law, located in Jerusalem or Tel Aviv, click here or call this number: 03-3724722.
