Getting a green card in the USA in 2021: step by step instructions

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The Green Card is not just a document allowing foreign citizens to live in American territory. It practically equates the status of its owner to that in which American citizens reside (with the exception of some rights). This is the main reason for the popularity of this treasured document for many. Here are step-by-step instructions on how to get a green card in the USA in 2021.

What is a green card

The green card was first introduced in 1940. You could get it at any US post office. The official name of this document is United States Permanent Resident Card. The name Green Card was given because of the color in which the document is issued. Translated, this commonly used term means "Green Card".

The Green Card has three main functions:

  1. Proves the identity of the owner.
  2. Confirms that a person who is not an American citizen, but permanently resides in the United States, has a residence permit.
  3. Gives the right to work in the country.

At the very beginning, the document looked like a white card with inscriptions made in green. The way the Green Card looks today is fully consistent with its name: a green plastic card, similar to a bank card.

Thanks to optical memory and hologram, Green Card is one of the most secure documents in the world. It contains a digital photo of the owner, his fingerprints and other personal information.

This document is a variant of a long-term multiple-entry visa with extended rights. The status that he gives should in no way be confused with full citizenship. The validity period of a green card is strictly limited, and it is issued subject to certain conditions.

If a foreigner who owns a card forgets what a green card is and violates, for example, some rules of stay in the States, the document may be canceled, which will entail deportation with all the ensuing consequences.

Green Card gives the right to obtain US citizenship, but does not guarantee that it will be awarded.

What gives a green card to its owner

Those who are planning to move to the States for permanent residence and further legalization on the basis of the Green Card, you need to know that it gives its holder much more opportunities than just multiple entry into the country for a long time.

So, what rights does the green card give:

  • free crossing of the American border in both directions and visa-free visits to many other countries of the world, such as Canada and Australia.
  • apparatus employed;
  • training in American universities, including state;
  • the opportunity to receive a pension (subject to 10 years of work experience in the United States);
  • purchase and registration of real estate, cars and even weapons;
  • access to various types of banking and insurance services;
  • the opportunity to use tax incentives;
  • issuing a Green Card for spouses, children, some other relatives;
  • the right to apply for citizenship after 5 years of residence in the country.

What are the restrictions

You need to remember how many years the green card is issued. Its validity period is limited to 10 years.

After this time, the foreign resident must apply for an extension of the Green Card, unless, of course, after 5 years he will receive citizenship. But it should be remembered that the status itself is indefinite - only the card can be replaced.

Do not forget about other restrictions, especially when it comes to persons planning further legalization:

  • you need to stay in the United States at least 180 days a year;
  • to apply for citizenship, you must have lived in America for at least 30 months in the 5 years preceding the application;
  • the cardholder cannot vote and take part in elections as a candidate;
  • not allowed to hold public office and vacancies in the political sphere.

If there are compelling reasons why the cardholder (card holder) was absent from the country for more than the prescribed period, they must be documented, otherwise the card will be canceled.

Responsibilities of the owner of a green card

When planning to emigrate to the United States, you must not only know why you need a green card, but also remember the list of obligations that it imposes on its owner:

  • timely update of the document;
  • compliance with the laws of the American state;
  • annual declaration of income and payment of all stipulated taxes in full;
  • support for the US government and the lack of attempts to change it;
  • military registration for men 18-25 years old (military service is not mandatory, but even migrants are required to be registered);
  • compliance with the terms of stay on American territory;
  • when moving to another state and changing place of residence - registration at a new address and notification of this to USCIS (US Citizenship and Immigration Services).

If the card was obtained on the basis of employment, then it is advisable to work in the company for at least six months so that a quick dismissal does not raise suspicions. Otherwise, you will simply be accused of fraud and the document will be canceled.

Types of green cards

American law provides for several types of Green Cards, depending on the basis for the issue:

  • permanent work in an American company;
  • family reunification;
  • marriage to an American citizen;
  • refugee status;
  • winning a diversification lottery;
  • adoption by an American citizen;
  • investment investment.

Holders of the "Green Card" can freely stay in the United States for an unlimited amount of time. But in some cases, a conditional green card is issued, the validity of which does not exceed two years.

Over time, it can be replaced with a permanent document, which will need to be changed every 10 years if there is no intention to obtain citizenship.

Temporary Green Card is issued:

  • those who married a US citizen less than 1.5 years ago;
  • investors;
  • minor children of the main migrant;
  • those who have been issued an EB-1 visa in the United States (persons with extraordinary abilities).

This type of card is called conditional, and the migrant is assigned CR (conditional resident) status. The rights and obligations of conditional residents remain the same as those of permanent residents. No restrictions apply to them.

To replace a temporary card with a permanent one, you need to apply to the United States Citizenship and Immigration Services (USCIS) after two years of residence in the United States.

This must be done 90 days before the expiration date of the document. Otherwise, he will lose legal force, and there will be no opportunity to restore it.

Reasons for obtaining a Green Card

Obtaining a green card is much more difficult than applying for a visa. Moreover, not everyone is given it. For the process to be successful, you will need to comply with many requirements and have grounds for issuing a Green Card.

Reuniting with American relatives

You can reunite with US citizens or foreigners who have already received resident status and can act as a guarantor and sponsor. If we talk about reunification with persons living on the basis of permanent residence, then the following have the right to receive a “Green Card”:

  • children (including adopted children and stepchildren), regardless of age, who have not yet been married;
  • spouses.

In case of reunification with American citizens, the following people have the opportunity to legalize:

  • unmarried children of any age (including stepchildren and adopted children);
  • spouses;
  • adoptive or natural parents;
  • brothers and sisters.

But close relationship is not a guarantee of the issuance of a Green Card.Reuniting with a green card holder provides an individual interview for each candidate; a decision is made based on the results of the interview.

Getting married

Both those who are already spouses of American citizens, and those who are just about to marry them, will have a multi-stage process of verifying the authenticity of the relationship: providing evidence, passing an interview.

The bride or groom needs:

  • apply for marriage no later than three months from the date of entry into the United States;
  • prove a love affair with a future spouse for a period of at least two years. You can provide hotel bills, tickets, joint photos;
  • have the right to marry (in particular, to prove the absence of marriage ties with another person).

Spouses who want to leave for America on a green card will have to undergo an interview in the country of departure at the US Embassy:

  • provide the original marriage certificate;
  • attach proof of family life to the application - photos from the wedding, joint bank accounts;
  • confirm the presence of children.

It should be remembered that the interviewers of the State Department of Citizenship and Migration are unmistakably able to distinguish between real marriages and fictitious ones.

Employment in an American company

Labor migrants are one of the most numerous groups of applicants for a resident card. But they have to find not only an employer who will be ready to accept them for the vacancy, but who will be interested enough to apply for a Green Card for a foreign employee.

The procedure looks like this:

  1. The receiving company submits an application form and prepares the necessary papers.
  2. After paying a tax levy of $ 580, the employer sends a package of documents to the State Department for Citizenship and Migration.
  3. Based on the results of the consideration of the request, a notification of the decision is sent to him. If it turns out to be positive, the migrant will be issued a green card.

Candidates in demand in the United States are:

  • professors and scholars with research or teaching experience;
  • doctors and nurses;
  • managers of international companies, top managers;
  • religious leaders;
  • specialists in rare professions.

Refugee status and asylum request

Another way to get a Green Card for citizens of Russia and other countries is to apply for asylum in the United States. The reasons may be:

  • martial law in the home state;
  • hunger;
  • political and civil unrest;
  • unreasonable persecution by the authorities;
  • other threats to life and health.

The United States can provide protection to individuals who are at risk due to political or religious views, sexual orientation.

To obtain refugee status, you need to go to the United States, submit an application and confirm it with evidence of persecution, threats and other circumstances that make it impossible to return to your homeland.

Investments

You can become a resident of the United States by obtaining a Green Card by Investment. To do this, you need to fulfill several requirements:

  1. The amount of funds invested must be at least 1 million US dollars.
  2. If money is invested in regions with high unemployment or in rural areas, the amount must be at least $ 500,000.

A candidate can invest in an existing company, or he can create new ones.

A green card for investors is also issued when an employee of a foreign branch of an American enterprise is transferred to the United States.

Business immigration

To become a resident of the United States on the basis of business immigration, you must use one of the following options:

  • open your own company;
  • buy an existing enterprise.

Based on the size of the investment, the category of the visa that will be issued to the applicant is established. Since the 90s of the last century, the country has a Green Card program for large investors, which was mentioned above. To receive a card, they need to invest a designated amount of money in the economy, create at least 10 jobs and prove the legality of the origin of the funds that will be poured into the business.

Small and medium business owners receive an E2 visa, which is not an immigration visa, but can be renewed an unlimited number of times.

Participation in the "Green Card" drawing

Since 1990, the United States Department of State has been running a Green Card draw for residents of states with a low rate of immigration to American territory. The number of cards is limited to 55 thousand, of which 5 thousand are in Central America and Nicaragua.

In other words, winning a Green Card to America is the only way to emigrate to the United States for those who cannot do it the other way.

Filling out the questionnaire is carried out online using the State Department's electronic service for citizenship and migration - www.travel.state.gov. The procedure is free of charge.

When filling out the application, it is very important to enter all the data correctly and attach a photo of the required format, since errors can affect the decision. Checking the status of the application is also carried out on the department's website.

Requirements for participants:

  • the presence of a minimum of secondary education;
  • 2 years of work experience in a profession requiring at least two years of training in the last 5 years.

If the application is approved, the applicant will have to undergo a medical examination, prepare a package of documents and appear for an interview at the American embassy in the country of citizenship (for example, in Moscow, Kiev, etc.). Information on how the registration of applications proceeds and what the diversification lottery will require from the candidate is contained on the Department's website.

The language of filling out the questionnaire does not have to be English. The list of possible languages ​​is stipulated by the lottery rules.

The winner of the competition is determined by the system at random. It is important to remember that it will be possible to enter the country on the basis of winning the lottery only after 1.5 years.

What documents will be needed

It is necessary to apply for legalization in the United States to the embassy of this state in the country of the applicant's citizenship. To do this, you will need documents for issuing a Green Card, the results of a medical examination and an interview.

What exactly will need to be submitted to the diplomatic mission depends on the basis of the migration. The main package includes:

  1. Application form.
  2. International passport.
  3. Photo.
  4. Certificate confirming the absence of a criminal record.
  5. Receipt of payment of the duty.
  6. Medical certificate.

Additionally you may need:

  1. A document confirming the financial position.
  2. Documents that can confirm kinship with certain persons.
  3. Certificates of marriage, birth, death, etc.
  4. Invitation letter.

It is imperative to provide a translation of documents for the Green Card and their copies.

Filling out the questionnaire

You need to enter data in the form in Latin letters. The questionnaire includes several sections:

  1. Surname, first name, patronymic (if the latter is indicated in the foreign passport).
  2. Floor.
  3. Date of Birth.
  4. Place of birth (here you need to indicate the old name and the new one if the settlement has been renamed).
  5. Country of birth (use modern name).
  6. At this point, it is necessary to indicate whether the application form is submitted from the country of birth of the applicant and / or his spouse.
  7. Photo.
  8. Address: indicate any coordinates by which you can find the applicant - work, personal, parental address or other.
  9. Country of residence at the time of contact.
  10. Contact number.
  11. Email address. It is important that it is operational as it will receive an interview notification.
  12. Education.
  13. Family status.
  14. Information about the children.

You need to fill out the questionnaire on the official website dvlottery.state.gov as correctly as possible and without errors, since the slightest inaccuracies can lead to a refusal.

Photo requirements

Photo is an important part of the visa application. If the snapshot does not meet the established requirements, it can also cause a refusal. It is best to use the services of companies that take such pictures.

So, what you need to consider:

  1. Since November 2021, it is not allowed to take pictures with glasses, except in rare cases when they cannot be removed for medical reasons.
  2. The image must be in color.
  3. The head should occupy 50-69% of the image.
  4. The age of the photo on the green card should not exceed six months.
  5. The background is white.
  6. The head should be turned straight, the gaze is directed towards the camera.
  7. Facial expression should be neutral.
  8. Clothes are casual. What you wear every day is fine.
  9. You cannot be photographed in uniform. The only exception is religious clothing if the applicant wears it all the time.
  10. No headwear should be worn on the head, unless they are required by religious beliefs. In any case, the face should be fully visible, and the headdress should not cast a shadow on it.
  11. You can not take pictures with wireless headphones, hands free devices.
  12. If a person constantly wears a hearing aid, he may not remove it for shooting.

How is the procedure for issuing a Green Card?

Before you go on a trip to a new place of residence overseas, you will have to go through several stages provided for by the document registration procedure.

Many, hoping to quickly make a green card, resort to the services of intermediaries. The cost of their services sometimes reaches $ 200.

Self-registration cannot be called simple, but if you know all its features, it is quite possible to cope without outside help.

How to file an immigration petition

The initiator of the petition - the petitioner - can be the inviting party, for example, the employer, or a relative of the candidate for the green card. The initiator must contact the Immigration Service with a statement of the approved form and a package of necessary papers.

If we are talking about hiring a foreign employee of some categories, then you will have to get a certificate from the Department of Labor. Most often this applies to specialists in the field of art, science, education, sports. The certificate confirms that:

  • no candidates were found among local residents;
  • the job position will be filled on the basis of an employment contract with a lower wage than it would be for an American citizen;
  • hiring a foreigner will not negatively affect the salaries of other employees and their working conditions.

If desired, foreigners - representatives of in-demand professions or those of particular importance to the American state - can submit a petition on their own.

For refugees and those who have received political asylum, it is important that at the time of application they have been continuously residing in America for at least a year in this status.

After filing a petition, the petitioner undertakes to act as a financial sponsor for a green card candidate until he obtains American citizenship, or within 10 years from the date of his entry into the United States.

The petitioner who initiates the move of relatives will have to prove that his income level is not lower than the poverty line in America: $ 12,400 per year for one person, $ 16,460 for two, $ 20,780 for three.

USCIS decision regarding the petition

If the Immigration Service makes a negative decision, the applicant will be sure to indicate in the notification the reasons for the refusal: what conditions for obtaining a green card were not met and in what order the refusal can be appealed.

If the decision is positive, USCIS sends the documents to the Department of State's National Visa Center (NVC). They will be stored there until the time comes for the candidate for the card to receive a visa.

There are some nuances to keep in mind for different categories of applicants at this stage:

  • for close relatives of the petitioner, the number of visas is not limited. They just need to register their immigration status along with their petition to USCIS. Such relatives include spouses, unmarried and unmarried children under 21 years old, parents of a resident (if he is already 21 years old).
  • all other relatives fall into "priority categories", each of which receives annual green card quotas. As soon as the appointed time is up, it will be possible to apply for a visa.

How is the interview going

Further, moving to the United States on a green card provides for an interview at the American embassy. For each applicant, the department starts a case and checks the documents for a migration visa. This process usually lasts about 30 days after USCIS approves the petition.

Next, an information package is sent to the applicant with a list of documents with which it is necessary to appear for an interview. Having prepared the papers, the candidate for the card must call the consulate and agree on the day of the interview.

You need to appear at the department in person. The obligatory procedure at this stage is to take the oath to the service officer.

If all goes well, the candidate will be given another information package, which can only be opened on American soil. It will need to be provided to the Immigration Officer at the border.

The applicant must apply for a visa within after he is invited for an interview at the consulate. But since this stage is not a guarantee that a visa will be issued, you should not rush to sell property at home and dismiss from work.

Crossing the American border

Entry into the United States on a green card assumes that at the border, a Customs and Border Protection officer, together with a USCIS officer, will check the correctness of filling out and drawing up all the documents necessary for crossing the border.

Further, the foreign citizen receives the status of a permanent resident of the United States of America. From that moment on, he can permanently reside and work on the territory of the state. The Green Card itself will be mailed to him within one month. From that moment on, he is subject to all the rights and obligations of a legal resident of the country.

Many are interested in what to do after receiving a green card. The main thing is not to violate the law and immigration rules, remembering that this can lead to the cancellation of the document. It is best to always have it with you along with a copy.

Although there are no instructions about this, if the police suddenly detain you, and the card is not with you, this fact will definitely be recorded and will certainly be remembered if other violations of the law arise.

Terms and cost of issuing a card

The cost of a green card in the United States depends on what it will be - a visa or won in the lottery. In the first case, the price is determined by the type of immigration visa:

  • working - $ 160;
  • bride or groom visa - $ 265;
  • for an investor visa, a green card is issued automatically when investing in the US economy in the amount of $ 1 million or more. In fact, we can say that the Green Card will cost exactly that much;
  • business visa - 160 $.

If you decide to tempt fate and take part in the lottery, you must remember that participation itself is free. But if you win, you will have to pay $ 300 for the production of a plastic card.

A separate payment will be required when contacting intermediaries who fill out questionnaires and register lottery participants.

The term for issuing a Green Card also depends on the method of obtaining it. The card won in the lottery will give the opportunity to immigrate to the United States only after 1.5 years.

Relatives of the main applicant, wives / husbands of American citizens and refugees can expect to receive this document for several years. Individuals with extraordinary abilities and investors can get it in 3-6 months.

Features of card renewal, replacement and restoration

The Green Card expires every 10 years. Moreover, the status itself remains valid.All that is needed is to reissue the document.

You don't have to go to USCIS in person. You can apply online on the agency's website.

Card renewal is possible only if the migrant has not lost his status. In other words, he did nothing that would lead to the cancellation of the document.

You must apply for an extension in advance. Living in America on a green card that has lost its validity is a violation of the law.

It can take about 6 months to prepare a new document. Those who are staying abroad and do not plan to return within 6 months that remain before the expiration of the Green Card, need to get an appointment at the American consulate in the host country and report the problem. Immediately after returning, you need to contact USCIS for a card exchange.

American citizenship

Obtaining US citizenship after the Green Card is possible after 5 years (for spouses after 3 years) of permanent residence in the country. Requirements for candidates:

  • Only an applicant over the age of 21 can apply. Children under the age of majority go through the procedure with their parents.
  • during 5 or 3 years of stay in the country on the basis of the Green Card, the total period of stay in the country should be 30 months or 18, respectively;
  • you must prove a good level of English proficiency. Persons who have already turned 50 and 55 years old, who have lived in the States for 20 and 15 years, respectively, are exempted from the exam;
  • the candidate must be law-abiding, adhere to the lifestyle and social norms in force in the country;
  • additionally, you will have to confirm your knowledge of the history of the American state (during a special exam).

After passing all the checks, the applicant will be invited for an interview, where he will have to pass all the tests. If approved, the future US citizen will receive an invitation to swear an oath of allegiance to the state.

After the oath, a certificate of citizenship will be issued. With this document, the newly minted citizen will be able to obtain an American passport.

Caution scammers

You can get a US green card for a citizen of the Russian Federation with the help of intermediaries. But you need to be extremely careful not to fall into the hands of scammers.

When choosing a company, you should consider the following factors:

  • online reviews;
  • reputation of the company;
  • statistics of successful cases;
  • availability of legal documents for consulting assistance;
  • the level of professionalism of specialists.

The most common victims of incompetent "helpers" are those who do not speak English. In addition to the fact that intermediaries charge prohibitively high fees, they also do their job in bad faith. For this reason, with at least a minimum level of English, self-filing will be beneficial in all respects.

FAQ

There are a number of other questions that migrants often face:

  1. More often than others, there is a problem of what to do if you have lost your green card. If this happened in the United States, you should immediately contact the nearest police station and draw up a report on how it happened. If the card is lost abroad, you need to contact the consular department of the American embassy. To apply, you will need a statement with personal data and a copy of the green card. All this must first be sent in an email. After its consideration, the applicant will be invited for an interview, during which he will need to prove that he did not violate the regime of stay in the United States with a resident card. You need to have your passport, photo and a completed Application to Replace Permanent Resident Card (to replace the card). Based on the results of the interview, a temporary document for entry into the United States (Boarding foil) will be issued. On its basis, you need to cross the American border within 30 days.
  2. Another important point is whether you need a visa if you have a green card. To leave the States and return, you only need to have a Green Card and a valid foreign passport of the country of citizenship. But whether you need a visa to the country of entry depends on what kind of relationship the United States maintains with it. For example, to get into Schengen, no visa permits are required with a Green Card.

Outcomes

To summarize, it will be useful to compare the pros and cons of a US green card:

Advantagesdisadvantages
the ability to reside in the United States for an unlimited amount of time;the need to replace the document every 10 years;
visa-free travel to the United States and countries with which this state maintains visa-free relations;the need to carry with you the Green Card and its copy at all times;
equal rights with US citizens (with some exceptions);very demanding attitude towards cardholders on the part of USCIS;
clear registration procedure;the slightest violation of laws and migration regulations can lead to the cancellation of the card;
the right to find a job without special permission for any vacancy, except for government and political posts;a ban on long-term stay outside America;
the opportunity to apply for an American citizenship after 5 years (for spouses of Americans - after 3 years) of being a resident;long and complicated process of obtaining a card.
the opportunity to bring your family to America;
a green card does not oblige the holder to renounce the citizenship of his country.

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