Am I Eligible for a Green Card?

Categories, Timelines, Costs

Obtaining a green card officially known as a Permanent Resident Card grants you the ability to live and work permanently in the United States, and eventually become a U.S. citizen. The process varies depending on your unique circumstances, but this guide will break it down step by step, making it easy to understand and follow.

This guide will simplify the process, explain the timeline, costs, and various types of Green Cards, and provide step-by-step instructions for applicants.

What is a Green Card?

A Green Card is a physical document that signifies your status as a lawful permanent resident in the United States. It allows you to:

Live permanently in the U.S.
Work in any legal job of your choice.
Travel outside and return to the U.S. under certain conditions.
Seek Citizenship: Eligible for naturalization after 3–5 years (depending on circumstances)
Sponsor Family Members: LPRs can sponsor immediate family members for U.S. residency, though subject to annual caps.
Access Federal Benefits: Eligibility for Social Security, Medicare, and other federal programs after meeting specific criteria.

Key Facts

As of 2023, approximately 12.7 million people hold green cards, with 9 million eligible for U.S. citizenship.
The card is historically referred to as a “green card” because of its greenish color.

Green Card vs. Visa:

A visa allows temporary entry into the U.S., while a Green Card grants long-term residency and work rights.
Check out guides like “Green Card vs. Visa” for more detailed comparisons.

Am I Eligible? Green Card Categories

Eligibility categories are classifications that determine whether you qualify for a Green Card based on your unique circumstances. Identifying the eligibility category that fits your situation is crucial, as each category has specific requirements, application processes, and considerations for family members. Let’s explore these categories in greater detail.

1. Green Card Through Family

Family-based Green Cards are one of the most common and straightforward paths to permanent residency. Your eligibility depends on your relationship to a U.S. citizen or lawful permanent resident (Green Card holder).

Immediate Relatives of U.S. Citizens

Who Qualifies?
- Spouses of U.S. citizens.
- Unmarried children under 21 of U.S. citizens.
- Parents of U.S. citizens (the U.S. citizen must be 21 or older).

Key Benefits:

No annual visa caps mean shorter processing times.
A direct and preferred category for family-based Green Cards.

Processing Times

1. From Within the U.S.

Immediate relatives (spouses, parents, and minor children) of U.S. citizens: 10–23 months.
Other family and employment categories: 2+ years.

2. From Outside the U.S.

Immediate relatives via consular processing: 11.4–15 months.
Other categories depend on country caps and visa availability, often with longer waits.

Costs Associated with Green Cards

Family-based Green Cards:
- $3,005: Applying within the U.S.
- $1,340: Applying from outside the U.S.
- Additional costs: Medical exams, attorney fees, and translation services.

Other Family Members of U.S. Citizens (Preference Categories)

These categories fall under the family preference system, subject to annual visa limits and longer waiting times:

Unmarried Adult Sons or Daughters (21 or older): Children of U.S. citizens who are not married.
Married Sons or Daughters (any age): Children of U.S. citizens who are married.
Siblings of U.S. Citizens: Brothers or sisters of U.S. citizens (the U.S. citizen must be 21 or older).

Insights:

Priority date rules apply. The earlier your petition is filed, the higher your spot in the visa queue.
Check the Visa Bulletin monthly for updates on visa availability.

Family Members of Lawful Permanent Residents

Who Qualifies?
- Spouses of Green Card holders.
- Unmarried children under 21 of Green Card holders.
- Unmarried sons or daughters (21 or older) of Green Card holders.

Key Considerations:

Spouses and children are given higher priority than adult unmarried children.
If your sponsor becomes a U.S. citizen during the process, your category may be upgraded, potentially speeding up the application.

Special Family Circumstances

Fiancé(e) of a U.S. Citizen:
- Individuals admitted on a K-1 visa who marry the U.S. citizen sponsor within 90 days of arrival.
- Unmarried children (K-2 visa holders) may also qualify.
Widows/Widowers of U.S. Citizens:
- Must prove the marriage was bona fide and existed at the time of the citizen’s death.
VAWA Self-Petitioners:
- Abused spouses, children (under 21 and unmarried), or parents of U.S. citizens or permanent residents.

2. Green Card Through Employment

Employment-based Green Cards cater to individuals with specific job offers, extraordinary skills, or investments in the U.S. economy.

Immigrant Worker Categories

First Preference (EB-1):
- Extraordinary Ability: In sciences, arts, education, business, or athletics.
- Outstanding Professors or Researchers: With international recognition.
- Multinational Executives or Managers: Meeting specific criteria.
Second Preference (EB-2):
- Professionals with Advanced Degrees or equivalent qualifications.
- Individuals with Exceptional Ability in arts, sciences, or business.
- Applicants seeking a National Interest Waiver (e.g., those contributing to areas like healthcare or technology in underserved U.S. regions).
Third Preference (EB-3):
- Skilled Workers: Jobs requiring at least two years of training or experience.
- Professionals: Jobs requiring a bachelor’s degree.
- Unskilled Workers: Labor requiring less than two years of training or experience.

Special Employment Categories

Physicians: Eligible under the National Interest Waiver if they agree to work in underserved areas for a set period.
EB-4: Special workers (e.g., religious workers, media professionals).
Investors (EB-5): Must invest $800,000–$1,050,000 in a new U.S. enterprise, creating at least 10 full-time jobs.

Pro Tip: Employment-based applicants usually require a labor certification from the U.S. Department of Labor unless exempt under a waiver.

3. Green Card Through Refugee or Asylee Status

Refugees and asylees can apply for a Green Card after one year of residing in the U.S.

Who Qualifies?
- Refugees admitted through the U.S. Refugee Admissions Program.
- Asylees granted protection due to a well-founded fear of persecution in their home country.
Process for Family Members:
- Spouses and children can apply concurrently or follow later.

Insight: Refugees and asylees don’t need to file an immigrant petition (such as Form I-130 or I-140).

4. Green Card for Victims of Abuse or Crime

Victims of Abuse

VAWA Self-Petitioners:
- Abused spouses, children, or parents of U.S. citizens or Green Card holders.
Special Immigrant Juvenile (SIJ):
- Abused, abandoned, or neglected children needing protection from a juvenile court.

Victims of Crime

T Visa Holders: For human trafficking survivors.
U Visa Holders: For victims of serious crimes who assist law enforcement.

Pro Tip: Self-petitioners don’t need a sponsor, simplifying the process.

5. Green Card Through Other Programs

Diversity Immigrant Visa Program

A lottery system for individuals from countries with historically low immigration rates to the U.S. Annually grants up to 50,000 Green Cards.
Eligibility:
- Must meet education or work requirements.
- Selected applicants can bring eligible family members.

Country-Specific Programs

Cuban Adjustment Act: Cuban nationals and their immediate family members.
Liberian Refugee Immigration Fairness (LRIF): Liberians continuously present in the U.S. since November 20, 2014.
Haitian Refugee Immigrant Fairness Act (HRIFA): Eligible Haitian nationals and their family members.

6. Registry

Who Qualifies?
- Individuals who have resided in the U.S. continuously since before January 1, 1972.
Why Apply?
- No sponsorship needed; relies solely on proof of residency and good moral character.

Steps to Apply for a Green Card

Applying for a Green Card can be a complex process, but understanding the general processes and procedures involved makes it manageable. This detailed guide explains eligibility, petition requirements, application processes, and tips for staying on track.

Step 1: Who Qualifies for a Green Card?

As mentioned above, the U.S. offers several paths to permanent residency. Your eligibility depends on your relationship to a sponsor or specific immigrant category.

Visit the Green Card Eligibility Categories page to review all categories and specific requirements.

Once you have determined that you meet the requirements for one of the eligiblity categories, then you are ready to move to Step 2.

Step 2: Understand the Petitioning Process

Most Green Card applicants require a petition filed by a sponsor. However, self-petitioning is available for certain categories, like VAWA or employment-based individuals of extraordinary ability.

Common Petition Forms

Here are the primary forms used for Green Card sponsorship:

Form I-130: Petition for Alien Relative (family-based Green Cards).
Form I-140: Immigrant Petition for Alien Worker (employment-based).
Form I-730: Refugee/Asylee Relative Petition.
Form I-589:Application for Asylum and Withholding of Removal.

Other Petition Forms

Form I-360: For Amerasians, widows/widowers, or certain special immigrants (e.g., religious workers).
Form I-526: For immigrant investors.
Form I-918: For U Visa holders.
Form I-929: For family members of U-1 nonimmigrants.

Refer to your eligibility category for the specific petition form needed.

Step 3: Decide Where You’ll Apply

Your application process depends on whether you’re inside or outside the U.S.

The two processes are:

1. Adjustment of Status (Inside the U.S.)

If you’re already in the U.S., you can adjust your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Steps:
1. Confirm your immigrant petition is approved, and a visa is available.
2. File Form I-485 or file it concurrently with your petition (if allowed).
3. Visit the Adjustment of Status page for details.

2. Consular Processing (Outside the U.S.)

If you’re outside the U.S., you’ll apply through consular processing via the Department of State.

Steps:
1. Wait for your petition to be approved.
2. Complete your DS-260 Immigrant Visa application and attend an interview at a U.S. consulate or embassy. Visit the Consular Processing page for more information.

Step 4: Complete the Green Card Application Process

General Steps for Most Applicants

File an Immigrant Petition:

Most applicants will need a sponsor to file the appropriate petition on their behalf. The steps to apply for a Green Card will vary based on personal circumstances, so it’s important to find the right eligibility category and research the application process tailored to your situation.
In self-petition cases, file the petition yourself.

Wait for Approval:

USCIS must approve the petition before you can proceed, unless concurrent filing is permitted.

Check Visa Availability:

A visa must be available for your category, based on the Visa Bulletin.

File Green Card Application:

In the U.S.: File Form I-485 with USCIS.
Outside the U.S.: File the DS-260 visa application with the U.S. Department of State.

Attend a Biometrics Appointment:

Provide fingerprints, photographs, and a signature for background checks.

Go to an Interview:

Attend a USCIS or consular interview to verify your eligibility.

Receive a Decision:

USCIS or the consulate will notify you of your application’s approval or denial.

Step 5: While Your Green Card Application Is Pending

What to Do While Waiting

If your Form I-485 is pending, stay updated on your case and take necessary actions to avoid delays.

Tips for Managing Your Case:

Track Case Status:
- Create a Case Status Online account for updates.
- Receive notifications, including U.S. Postal Service (USPS) tracking numbers for mailed documents.
Update Your Address:
- Notify USCIS immediately of any address changes.
- Use the USPS ZIP Code Lookup tool to ensure proper formatting.
Monitor Mail Delivery:
- Enroll in USPS Informed Deliveryto receive daily images of incoming mail and track packages.

Step 6: After Receiving Your Green Card

Once approved, you become a lawful permanent resident. Here’s what you should do next:

Responsibilities of Green Card Holders

Carry Your Green Card:

Always have your card with you as proof of your status.

Renew Your Green Card:

Most permanent resident cards are valid for 10 years. Renew before it expires using Form I-90. Maintaining a valid permanent resident card is crucial, and you should follow the application process to replace or renew it as needed.

Comply with U.S. Laws:

Permanent residents must abide by all U.S. laws and file taxes annually.

Understand Travel Rules:

Avoid extended absences from the U.S., which could jeopardize your residency.

Path to Citizenship:

After meeting residency requirements, you may be eligible to apply for U.S. citizenship.

Common Challenges and How to Address Them

Lost or Delayed Documents

If your USPS tracking shows delivery but you haven’t received your Green Card:
- Contact your local post office immediately.
- Report the issue to USCISand request a replacement if necessary.

Address Changes

Failing to update your address can lead to delays, lost documents, or additional fees if you need to reapply.

Special Categories and Considerations

Military Family Members

Parole in Place (PIP)allows undocumented spouses, parents, and children of U.S. military personnel to adjust their status without leaving the country.

Abuse Victims (VAWA)

Victims of domestic abuse can self-petition for a Green Card without notifying the abuser.

Crime and Trafficking Victims

U Visa Holders: Must have assisted law enforcement.
T Visa Holders: For trafficking victims who cooperate with investigations.

Tips for a Successful Application

Tips for a Successful Application

Submit Accurate Documentation:
- Ensure all forms are complete, signed, and up-to-date.
- Include certified translations for foreign-language documents.
Track Your Application:
- Use USCIS’s online tools to check your case status and processing times.
Prepare for the Interview:
- Bring originals and copies of required documents.
- Be ready to answer questions about your case.
Avoid Common Mistakes:
- Missing signatures or incomplete fields can delay processing.
- File forms at the correct location.
Consult Experts:
- Immigration attorneys or services like Boundless can help streamline the process.

Prepare Early:
- Ensure all forms are completed accurately and include supporting documentation.
Understand Fees:
- Filing fees vary. Check the USCIS Fee Schedule and apply for a fee waiver if eligible.
Stay Updated: Check USCIS processing times and visa bulletins regularly.
Avoid Errors: Incomplete forms or missing documents can delay or reject your application.
Prepare Thoroughly: Bring original documents and certified translations for interviews.
Consult Experts: Immigration attorneys or services like Boundless can guid

Top of Form

Adjustment of Status (AOS): Applying for a Green Card in the United States

Adjustment of Status (AOS) is the process that allows individuals already in the U.S. to apply for a Green Card without leaving the country. This eliminates the need to return to your home country for visa processing, making it a convenient pathway to permanent residency for eligible applicants.

This detailed guide breaks down the steps, requirements, and additional tips to ensure a smooth AOS application process.

What is Adjustment of Status?

Adjustment of Status is a pathway to becoming a lawful permanent resident (Green Card holder) for noncitizens present in the United States. It allows you to transition from your current immigration status (e.g., student, worker, asylee) to permanent residency without leaving the U.S. Laws regulating adjustment of status can be complex. Understanding the policy guidance on adjustment is crucial as you navigate this process.

If you are outside the U.S., the equivalent process is Consular Processing, where you apply for an immigrant visa at a U.S. embassy or consulate.

Step-by-Step Process for Adjustment of Status

1. Determine Your Eligibility

Your first step is to confirm that you qualify for a Green Card and Adjustment of Status under a specific eligibility category. U.S. immigration laws provide a variety of paths, including family-based, employment-based, humanitarian, and other categories.

Eligibility Categories Include:
Immediate relatives of U.S. citizens.
Family preference categories (e.g., siblings, adult children).
Employment-based categories (e.g., skilled workers, professionals, extraordinary ability).
Refugees, asylees, and victims of abuse or crime.
Special categories such as investors, religious workers, and SIJ (Special Immigrant Juveniles).
How to Verify Your Eligibility: Visit the USCIS Green Card Eligibility Categories page and review the detailed requirements for your category.

Note: Some categories, like the Cuban Adjustment Act, may allow you to file without a sponsor or prior petition.

2. File an Immigrant Petition (if required)

Most Adjustment of Status cases require an approved immigrant petition before filing Form I-485 (Application to Adjust Status). The immigrant petition serves as the foundation for your Green Card application.

Types of Immigrant Petitions

Family-Based:
Form I-130: Filed by a U.S. citizen or Green Card holder sponsoring a family member.
Employment-Based:
Form I-140: Filed by a U.S. employer or by self-petitioners with extraordinary abilities.
Humanitarian Cases:
Form I-360: Used by VAWA applicants, special immigrants, or religious workers.
Form I-730: For asylees or refugees filing for family members.
Other Categories:
Form I-918: U Visa (crime victims) petitions.
Form I-526: For EB-5 investors.

Concurrent Filing

In many cases, you can file Form I-485 at the same time as the immigrant petition if the visa is immediately available. This is called “concurrent filing.”
Example: Immediate relatives of U.S. citizens can typically file concurrently because visas are always available in this category.

What is Concurrent Filing?

Concurrent filingallows individuals to file Form I-485 (adjustment of status) at the same time as the immigrant petition (e.g., Form I-130 or Form I-140) or while the immigrant petition is still pending.

Both applications are processed simultaneously, reducing the overall wait time.
USCIS will first determine the eligibility of the immigrant petition and then process the adjustment application if a visa is available and Form I-485 is complete.

Who is Eligible for Concurrent Filing?

Concurrent filing is available for specific categories of individuals who meet eligibility requirements and are physically present in the United States.

Eligible Categories for Concurrent Filing

Immediate Relatives of U.S. Citizens

Spouses, unmarried children under 21, and parents of U.S. citizens.
Why They Qualify: There are no visa limits for immediate relatives, so a visa is always considered available.

Family Preference Relatives

Includes adult children and siblings of U.S. citizens, as well as family members of lawful permanent residents.
Requirement: A visa number must be available at the time of filing (refer to the Visa Bulletin).

Widow(er)s of U.S. Citizens

Eligible widow(er)s of U.S. citizens may file concurrently for adjustment of status and self-petition.

Employment-Based Applicants

Most employment-based categories (e.g., EB-1, EB-2, EB-3) are eligible for concurrent filing if a visa number is immediately available.
Eligible family members (spouse and children) may also file concurrently.

Special Immigrant Categories

Special Immigrant Juveniles (SIJs): Eligible if an EB-4 visa number is available.
VAWA Applicants (Self-Petitioning Battered Spouse or Child): If the abusive relative is a U.S. citizen or if a visa number is available for other cases.
Certain Armed Forces Members: Applicants under INA Section 101(a)(27)(K).
Special Immigrant International Organization Employees or Family Members.

Ineligible Categories

Consular Processing Cases:

Concurrent filing is not available for individuals applying through consular processing (i.e., those outside the U.S.).

Visa Backlogs:

If a visa number is not immediately available, Form I-485 cannot be filed concurrently.

Visa Availability for Concurrent Filing

What is Visa Availability?

Visa availability determines whether you can file your adjustment of status application. It depends on:

Visa Caps: Numerical limits for family- and employment-based categories.
Priority Dates: The date the immigrant petition was filed, which establishes your place in the visa queue.

How to Check Visa Availability

Immediate Relatives of U.S. Citizens: Always eligible for concurrent filing because there are no visa caps for this category.
Other Categories: Check the Visa Bulletin issued monthly by the Department of State.
Locate your priority date and category in the bulletin.
Confirm that your date is current or earlier than the listed cut-off date for your category.

Important Note: Filing without visa availability may result in rejection of your Form I-485.

Step 3: USCIS Processing

Once submitted, USCIS will:

Adjudicate the Immigrant Petition:

This determines your eligibility for the immigrant visa.
If denied, the adjustment of status application will also be denied.

Process Form I-485: If the immigrant petition is approved and the application is complete, USCIS will proceed with the adjustment of status review.

Step 4: Attend a Biometrics Appointment

USCIS will schedule a biometrics appointment to collect your fingerprints, photo, and signature for background checks.
Missing this appointment may delay or result in denial of your application.

Step 5: Interview (If Required)

Some cases require an in-person interview to verify the information in your applications.
Bring originals of all supporting documents, including:
Passport, I-94, birth certificate, and marriage certificate (if applicable).
Additional evidence to support the immigrant petition.

Respond to Requests for Evidence (RFE)

If USCIS finds missing or insufficient evidence in your application, they will send you a Request for Evidence (RFE).
How to Handle an RFE:

Carefully review the request and provide the exact evidence USCIS asks for.

Submit the evidence by the specified deadline to avoid denial.

Step 6: Receive USCIS Decisions

USCIS will issue separate decisions for the immigrant petition and Form I-485:

If the immigrant petition is approved and Form I-485 is complete, USCIS will approve the adjustment of status.
If the immigrant petition is denied, Form I-485 will also be denied.

.If Denied:

You will receive a denial notice with the reasons for rejection and instructions on whether you can file a motion to reopen or reconsider.

Advantages of Concurrent Filing

Time-Saving: Both applications are processed together, reducing overall wait times.
Efficient: No need to wait for petition approval before starting the adjustment process.
Simplified Process: One filing location, one package, and fewer steps.

Common Issues and How to Avoid Them

Filing Without Visa Availability:

Confirm that a visa number is available before submitting your application (unless you are an immediate relative of a U.S. citizen).

Incomplete Documentation:

Submit all required evidence for both the immigrant petition and Form I-485 to avoid delays or RFEs.

Filing at the Wrong Location:

Double-check the USCIS direct filing addresses for your forms.

Additional Considerations

Change of Address

If you move during the AOS process, update USCIS within 10 days using Form AR-11 or the USCIS online system.

Tips for Success

Double-Check Your Application: Avoid errors and missing documents.
Stay Organized: Keep copies of all forms and evidence.
Be Proactive: Monitor processing times and Visa Bulletin updates.
Seek Legal Advice: Consider consulting an immigration attorney for complex cases.

What to Do While Your Green Card Application Is Pending with USCIS

If you’ve submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is under review, it’s essential to stay informed and proactive.This guide covers key steps to manage your application, track its status, and avoid unnecessary delays.

1. Update Your Address with USCIS

Why It’s Important

If you move, you must update your address with USCIS within 10 days to ensure you receive important notices about your case. Failing to do so can lead to missed notifications or delays in your application process.

How to Update Your Address

Visit the Change of Address Information page on the USCIS website.
Note: Changing your address with USPS does not update your address with USCIS.

Tips for Address Updates

Use the USPS ZIP Code Lookup tool to ensure you provide your full address in the correct format.
Double-check that your new address matches the one on your Form I-485 and any associated applications.

2. Monitor Case Processing Times

Why Check Processing Times?

Each USCIS office has different timelines for processing Form I-485. Knowing the average wait time for your location can help you manage expectations and identify delays.

Where to Check Processing Times

Visit the USCIS Processing Time Information page.
For employment-based Green Cards:
- Review the Employment-Based Form I-485 Inventory for additional insights.

3. Track Your Case Status

Ways to Stay Updated

Online Tracking:
- Use the Case Status Online tool.
- Enter your Form I-485 receipt number to get real-time updates.
Inquire About Delays:
- If your case exceeds normal processing times, submit an online case inquiry.
Contact USCIS:
- Call the USCIS Contact Center at 800-375-5283.
- For people who are deaf or hard of hearing, use TTY 800-767-1833.

4. Traveling While Your Green Card Application Is Pending

Advance Parole Is Required

If you plan to leave the United States temporarily while your Form I-485 is pending:

Apply for advance parole by filing Form I-131, Application for Travel Document.
Without advance parole, leaving the U.S. is considered abandonment of your Form I-485 application.

Steps for Safe Travel

Review the instructions on Form I-131.
Apply for and wait for approval of your advance parole document before traveling.
Visit the Travel Documents page for more details.

5. Additional Tips While Your Case Is Pending

Stay Organized:
- Keep a record of all communications and receipts related to your application.
Respond Promptly:
- If USCIS requests additional evidence (RFE), submit it as soon as possible.
Avoid Gaps in Eligibility:
- Maintain your current visa or legal status while your application is pending.

Guide to Consular/Embassy Processing for a Green Card

If you are outside the United States and wish to become a lawful permanent resident (Green Card holder), Consular/Embassy Processingis the pathway to follow. This process involves applying for an immigrant visa at a U.S. consulate or embassy abroad after your petition has been approved. Once granted, the visa allows you to enter the U.S. and be admitted as a permanent resident.

This detailed guide breaks down the steps of consular processing, provides useful insights, and offers practical tips to help navigate the process effectively.

What is Consular Processing?

Consular Processing is the method by which individuals outside the U.S. apply for an immigrant visa to enter the country and become lawful permanent residents. It is one of two primary pathways to obtaining a Green Card, the other being Adjustment of Status, which is available to individuals already in the U.S.

Steps for Consular Processing

1. Determine Your Basis to Immigrate

To start, you must determine if you qualify for a Green Card under one of the many Green Card eligibility categories.

Common Categories Include:
- Family-Based: Relatives of U.S. citizens or Green Card holders.
- Employment-Based: Workers with job offers, extraordinary abilities, or significant investments.
- Humanitarian Cases: Refugees, asylees, and victims of abuse or trafficking.
- Special Categories: Including religious workers, Amerasians, or Diversity Visa lottery winners.
How to Confirm Your Eligibility:
- Visit the USCIS Green Card Eligibility Categories page.
- Understand the specific requirements for your category.

2. File the Immigrant Petition

For most categories, an immigrant petition must be filed and approved before you can apply for an immigrant visa. The petition serves as the foundation for your application.

Types of Immigrant Petitions

Family-Based Petitions:
- Form I-130: Filed by a U.S. citizen or Green Card holder for a qualifying family member.
Employment-Based Petitions:
- Form I-140: Filed by a U.S. employer or self-petitioned by individuals with extraordinary ability.
- Form I-526: Filed by investors under the EB-5 visa program.
Special Immigrant Categories:
- Form I-360: Used for religious workers, abused spouses under VAWA, and other special immigrants.
Humanitarian Programs:
- Many humanitarian categories do not require a petition but may have additional requirements.

Important Note: Always verify specific petition requirements with your U.S. consulate or embassy.

3. Wait for a Decision on Your Petition

Once the immigrant petition is submitted:

USCIS Decision: USCIS will notify the petitioner of approval or denial.
Denials: If denied, the notice will explain the reasons and whether an appeal is possible.
Approvals: The approved petition is sent to the National Visa Center (NVC) for further processing.

4. Work with the National Visa Center (NVC)

The NVCoversees the next steps, including collecting fees and documentation to prepare your case for the consular interview.

What to Expect from the NVC:

Notification of Visa Availability:
- The NVC will contact you and the petitioner when your visa category is current (based on the Visa Bulletin).
Pay Required Fees:
- Immigrant visa application fees (referred to as “fee bills”) must be paid online.
Submit Supporting Documentation:
- Civil documents (e.g., birth and marriage certificates).
- Affidavit of Support (Form I-864) for family-based cases.

Tip: Promptly respond to NVC requests to avoid delays in processing.

5. Attend the Consular Interview

Once your case is complete, the consulate or embassy will schedule an interview for you.

How to Prepare for the Interview:

Each US Embassy is unique. Check out the instructions for each embassy.

Required Documents:
- Appointment letter from the consulate.
- Passport valid for at least six months beyond your intended entry date.
- All civil and supporting documents submitted to the NVC.
- Completed Form DS-260 (Online Immigrant Visa Application).
- Medical examination results from an approved panel physician.
What Happens at the Interview:
- A consular officer will review your case and ask questions to verify your eligibility.
- If approved, your passport will be stamped with the immigrant visa, and you will receive a sealed Visa Packet.

6. Notify the NVC of Any Changes

You must inform the NVC of any changes in your situation, including:

Change of address.
Change in marital status (e.g., marriage or divorce).
Turning 21 years old (for child beneficiaries, as it may affect eligibility under the Child Status Protection Act (CSPA)).

How to Notify: Use the contact information provided on the Department of State’s NVC page.

7. Enter the United States with Your Immigrant Visa

After your visa is approved:

Do Not Open the Visa Packet: This packet must be presented unopened to the Customs and Border Protection (CBP) officer at your port of entry.
Pay the USCIS Immigrant Fee: This fee covers the cost of processing your visa and producing your Green Card. It is recommended to pay the fee online before traveling to the U.S.

What Happens at the Port of Entry:

A CBP officer will inspect your documents and verify your eligibility.
Once admitted, you officially become a lawful permanent resident.

8. Receive Your Green Card

After arriving in the U.S.:

Delivery Time: Your Green Card should arrivewithin 90 days if the USCIS Immigrant Fee is paid.
Missing Green Card: If you do not receive it within this timeframe, contact USCIS at 800-375-5283 or submit an inquiry online.

Reading a Permanent Resident Card

Modern green cards contain machine-readable information for identification purposes.
Card Features
- Personal Data: Includes name, date of birth, country of origin, and gender.
- Unique Identifiers:
  - Alien number (A#).
  - Receipt number.
- Expiration Dates: Indicates when the card must be renewed.

Tips for Success in Consular Processing

Stay Organized: Keep copies of all forms, receipts, and communications.
Monitor Visa Bulletin: Check monthly updates to understand your visa category’s priority date.
Prepare for the Interview: Practice answering questions honestly and confidently.
Notify of Changes Promptly: Avoid delays by informing the NVC or consulate of any changes in your status.

Guide to Visa Availability and Priority Dates for U.S. Green Cards

Navigating the U.S. immigration process requires a clear understanding of visa availability and priority dates, which determine when you can apply for a Green Card (lawful permanent residency). This guide provides an in-depth explanation of these concepts, detailed steps for tracking your place in the visa queue, and actionable tips to manage common challenges like visa retrogression.

How Immigrant Visa Availability Works

The availability of immigrant visas is governed by the Immigration and Nationality Act (INA), which sets numerical limits on most visa categories. These limits determine how many individuals can be granted immigrant visas each fiscal year (October 1 to September 30).

Unlimited Visa Categories

Certain Green Card categories are exempt from numerical limits, meaning visas are always available for qualified applicants. These include:

Immediate Relatives of U.S. Citizens:
- Spouses of U.S. citizens.
- Unmarried children under 21 of U.S. citizens.
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old).
- Widows or widowers of U.S. citizens (if the U.S. citizen filed a petition before their death, or if the widow(er) files within two years of the citizen’s death).
Special Humanitarian Cases:
- Refugees and asylees adjusting to permanent resident status are generally not subject to numerical caps.

Limited Visa Categories

Visas in other categories are numerically capped, meaning they are subject to annual limits:

Family-Sponsored Preference Categories:
- Annual Limit: Approximately 226,000 visas.
- Subcategories: Includes adult children and siblings of U.S. citizens, and relatives of lawful permanent residents (e.g., spouses, unmarried children).
Employment-Based Preference Categories:
- Annual Limit: Approximately 140,000 visas.
- Subcategories: Includes skilled workers, professionals, extraordinary ability individuals, and investors.
Diversity Visa Program:
- Allocates up to 55,000 visas annually to individuals from countries with historically low rates of immigration to the U.S.

Country-Specific Limits

The INA also imposes per-country caps, limiting the number of visas any single country can receive to approximately 7% of the total annual visas. This can create additional wait times for applicants from high-demand countries like India, China, Mexico, and the Philippines.

What Are Priority Dates?

A priority date is the date your immigrant petition (e.g., Form I-130, Form I-140) is filed with USCIS. It establishes your place in the visa queue for limited categories. When your priority date becomes “current,” a visa is available, and you can proceed with your Green Card application.

How Priority Dates Are Assigned

Family-Based Cases: The priority date is the date USCIS receives Form I-130 or Form I-360.
Employment-Based Cases:
- With Labor Certification: The priority date is the date the Department of Labor (DOL) accepts your labor certification application.
- Without Labor Certification: The priority date is the date USCIS receives Form I-140 or Form I-526 (for investors).

Why Priority Dates Matter

Your priority date determines when you can take the next steps in the Green Card process:

File Form I-485 (Adjustment of Status) if you are in the U.S.
Apply for an immigrant visa through consular processing if you are abroad.

Tracking Visa Availability: The Visa Bulletin

The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability for family- and employment-based categories. It contains two key charts:

1. Application Final Action Dates Chart (Chart A)

Indicates when visas can be issued for adjustment of status or consular processing.
If your priority date is earlier than the date in this chart, a visa is available for your category.

2. Dates for Filing Applications Chart (Chart B)

Specifies when applicants can file their adjustment of status or visa application paperwork.
This chart is used when more visas are available than applicants in the queue.

How to Use the Visa Bulletin

Locate your preference category (e.g., F1, EB-2).
Find the row for your country of chargeability (usually your country of birth).
Compare your priority date to the dates listed:
- If your priority date is earlier than the listed date, you can proceed.
- If your category is marked as “C” (current), visas are immediately available.
- If marked as “U” (unavailable), no visas are available for that category.

Where to Find the Visa Bulletin

The Visa Bulletin is published on the U.S. Department of State website.

Visa Retrogression: When Priority Dates Move Backward

Sometimes, a priority date that is current one month becomes unavailable the next. This phenomenon, called visa retrogression, occurs when demand exceeds the available visas in a particular category or country.

Why Retrogression Happens

Annual visa limits for the category or country have been exhausted.
USCIS or DOS adjusts visa allocation due to unexpected demand.

What to Do During Retrogression

If You Filed Form I-485: Your application will remain pending until your priority date becomes current again.
If You Have Not Filed: Monitor the Visa Bulletin and prepare your documentation so you can act quickly when the date moves forward.

Key Tips for Managing Visa Availability and Priority Dates

Monitor the Visa Bulletin Monthly:
- Priority dates can change frequently. Stay updated to avoid missing filing opportunities.
Keep Records Organized:
- Maintain copies of your immigrant petition receipt notice (Form I-797) and supporting documentation.
Prepare for Retrogression:
- If your priority date becomes unavailable, ensure your case is ready to file or proceed as soon as it becomes current again.
Seek Professional Guidance:
- Consult an immigration attorney if your case involves complex priority date issues, retrogression, or unique circumstances.

Guide to Completing the Immigration Medical Examination for Form I-485

Filing Form I-485, Application to Register Permanent Residence or Adjust Status, often requires undergoing an immigration medical examination and obtaining vaccinations for vaccine-preventable diseases. This guide simplifies the process and provides essential tips to help you navigate each step efficiently.

Step 1: Finding a Medical Doctor (Civil Surgeon)

What is a Civil Surgeon?

A civil surgeon is a doctor designated by USCIS to perform immigration medical examinations within the United States.

How to Find a Civil Surgeon:

Visit the myUSCIS Find a Civil Surgeon page for a list of authorized physicians near you.
Call the USCIS Contact Center at 800-375-5283 for assistance.
- For individuals who are deaf, hard of hearing, or have a speech disability: Use TTY at 800-767-1833.

For Applicants Outside the U.S.:

If you’re applying for an immigrant visa through consular processing with the Department of State (DOS), you must visit apanel physician located abroad. These physicians are specially authorized to perform immigration medical exams for overseas applicants.

Step 2: Understanding Medical Examination Fees

The costs of an immigration medical examination vary and are not regulated by USCIS. Here’s how to manage expenses:

Key Points About Fees:

Rates vary significantly by civil surgeon.
Insurance acceptance:
- Many civil surgeons do not accept insurance for these exams.
- Even when insurance is accepted, it may not cover all parts of the examination.

Cost-Saving Tips:

Shop Around: Call multiple civil surgeons in your area to compare rates.
Ask Questions:
- Does the doctor accept insurance?
- What services and vaccinations are included in the fee?
Estimate Costs: Visit the Centers for Medicare & Medicaid Services’ Cost Estimation page to understand potential expenses.

Step 3: Preparing for the Medical Examination

Proper preparation ensures a smoother process. Follow these steps:

Bring Necessary Forms and Records:

Form I-693:
- Download and print the latest version of Form I-693, Report of Medical Examination and Vaccination Record.
- Complete Part 1 but do not sign the form until instructed by the civil surgeon.
Medical Records:
- Include any vaccination records, past medical history, or current treatments.
- If possible, obtain translated copies of records if they are not in English.

During the Appointment:

The civil surgeon will:
- Review your medical and vaccination history.
- Conduct the required medical tests.
- Record findings on Form I-693.

Step 4: Submitting Form I-693

After the exam, the civil surgeon will:

Complete and sign Form I-693.
Seal the form and supporting documents in an envelope.

Important:

Do not open or alter the sealed envelope.
Submit the sealed envelope to USCIS according to the instructions in your Form I-693 packet.

USCIS will reject forms that:

Are not sealed.
Show signs of tampering or alterations.

Step 5: Civil Surgeons’ Responsibilities

Civil surgeons have specific responsibilities, including:

Following USCIS protocols for medical exams.
Accurately completing all sections of Form I-693.
Administering necessary vaccinations or confirming exemptions if applicable.

For detailed requirements and guidelines for civil surgeons, visit the Designated Civil Surgeons page on USCIS.

Additional Tips for a Smooth Process

Schedule Early: Medical examinations can take time, especially if additional vaccinations or tests are required.
Follow Up: Confirm with your civil surgeon that all documents are complete and accurate before leaving the office.
Keep Copies: Retain a copy of all medical records and Form I-693 for your personal files.

Guide to the Affidavit of Support (Form I-864)

The Affidavit of Support (Form I-864) is a critical step in the immigration process. It serves as a contract where a sponsor agrees to provide financial support to an immigrant to ensure they do not become dependent on public benefits. This guide simplifies the process with clear explanations and actionable steps.

What Is an Affidavit of Support?

The Affidavit of Support is a legally enforceable document required under Section 213A of the Immigration and Nationality Act (INA). By signing this form:

The sponsor promises to support the immigrant financially.
The immigrant is guaranteed a means of support when they become a lawful permanent resident (green card holder).

This contract remains enforceable until:

The immigrant becomes a U.S. citizen.
The immigrant has worked 40 qualifying quarters (approximately 10 years) in the U.S.
The immigrant or sponsor dies.
The immigrant ceases to be a lawful permanent resident and leaves the U.S.

Who Must Submit an Affidavit of Support?

An Affidavit of Support is generally required for:

Immediate relatives of U.S. citizens, including:
- Spouses
- Parents
- Unmarried children under 21 (including adopted children).
Relatives under family-based preference categories, such as:
- First Preference: Unmarried adult sons/daughters of U.S. citizens (21 or older).
- Second Preference: Spouses and unmarried children of permanent residents.
- Third Preference: Married sons/daughters of U.S. citizens.
- Fourth Preference: Siblings of U.S. citizens.
Employment-based immigrants if:
- The petitioner is a U.S. citizen or permanent resident relative, or
- The petitioner owns 5% or more of the business sponsoring the immigrant.

When an Affidavit of Support Is NOT Required

You may be exempt if you:

Worked or are credited with 40 qualifying quarters of work in the U.S.
Are the child of a U.S. citizen and will automatically acquire citizenship.
Have an approved Form I-360 as:
- A widow(er) or special immigrant.
- A battered spouse or child.
Are an orphan adopted abroad with finalized adoption before acquiring permanent residence.

Responsibilities of a Sponsor

As a sponsor, you accept legal and financial responsibility for the immigrant. Key points:

You must ensure the immigrant has adequate financial support.
You may be required to repay means-tested public benefits (e.g., Medicaid or SNAP) received by the immigrant.
Divorce does not terminate sponsorship obligations.

If you fail to meet your responsibilities:

The agency providing benefits can sue you for reimbursement.
Joint sponsors and household members are also jointly and independently liable.

Income and Financial Requirements

Sponsors must prove their income is:

At least 125% of the federal poverty guidelines for their household size.
100% of the federal poverty guidelines if the sponsor is on active duty in the U.S. Armed Forces and sponsoring a spouse or child.

Meeting Income Requirements:

You can include the income of:
- Household members listed as dependents on your tax return.
- Sponsored immigrants if they are living with you.
If your income is insufficient:
- Use assets such as savings, property, or stocks. The value must be at least five times the income shortfall (three times for spouses and children of U.S. citizens).

Types of Sponsors

Primary Sponsor:

The petitioner (person filing the immigrant petition) must be the primary sponsor.
Must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the U.S.

Joint Sponsor:

If the primary sponsor cannot meet income requirements, a joint sponsor may assist.
Joint sponsors must meet all qualifications independently (e.g., income, domicile).

Substitute Sponsor:

If the original sponsor (petitioner) dies after petition approval, a substitute sponsor may file.
Eligible substitute sponsors include close relatives such as spouses, parents, or siblings.

Filing Form I-864

Follow these steps to complete and submit the form:

1. Preparation:

Collect the following:
- Your most recent federal income tax return.
- Proof of current income (e.g., pay stubs, bank statements).
- Evidence of assets (if needed).

2. Completing the Form:

Download the latest version of Form I-864.
Fill out all sections accurately.
Joint sponsors must file a separate Form I-864.
Household members contributing income must file Form I-864A.

3. Submission:

Provide the completed form and supporting documents to the immigrant for submission with their visa or adjustment of status application.
Follow specific instructions if submitting directly to the National Visa Center (NVC).

Penalties for False Information

Falsifying information or concealing material facts can result in:
- Denial of immigration benefits.
- Criminal prosecution, fines, or imprisonment.
Failure to notify USCIS of a change of address can result in fines of up to $5,000.

Affidavit of Support for “K” Nonimmigrants

If sponsoring a K-1 fiancé(e), K-3 spouse, or their children, you do not need to file Form I-864 until they adjust status to permanent residency after arriving in the U.S.

Change of Address Requirements

Sponsors must file Form I-865 within 30 days of moving. Failure to do so can result in penalties, especially if the sponsored immigrant is receiving public benefits.

Resources and Forms

Form I-864:Affidavit of Support
Form I-864A:For household members sharing financial responsibility.
Form I-864EZ:Simplified version for certain sponsors.
Form I-864P: HHS Poverty Guidelines.

Understanding the Public Charge Rule

The Public Charge Rule affects individuals applying for adjustment of status to become lawful permanent residents (green card holders). It determines whether an applicant is likely to become primarily dependent on the government for subsistence, making them inadmissible under immigration law. Below is a simplified and updated guide to the Public Charge Rule, incorporating the latest regulations and helpful insights.

What Is the Public Charge Rule?

The Public Charge Rule evaluates whether an immigrant is likely to rely on public benefits for financial support. If deemed likely to become a public charge, an applicant may be denied a green card or certain types of visas. This determination is made based on several factors, including the applicant’s income, health, age, education, and family size.

Key Updates: December 2022 Rule

On December 23, 2022, the Department of Homeland Security (DHS) implemented a final rule on the Public Charge Ground of Inadmissibility. This rule restores a fair and consistent framework similar to the 1999 Interim Field Guidance, replacing the controversial 2019 rule, which was rescinded in March 2021.

What Does This Mean for Applicants?

The final rule applies to adjustment of status applications submitted on or after December 23, 2022.
It provides clear guidelines on how DHS assesses public charge inadmissibility, ensuring transparency and fairness.
A Policy Manual update was published on December 19, 2022, offering detailed guidance for USCIS officers and applicants.

Who Is Affected by the Public Charge Rule?

The Public Charge Rule applies primarily to individuals applying for:

Adjustment of status (green card applicants within the U.S.).
Certain types of visas (e.g., family-based immigrant visas).

Who Is Exempt?

The rule does not apply to:

Refugees and asylum seekers.
Individuals applying for U or T visas (victims of crime or human trafficking).
VAWA petitioners (Violence Against Women Act).
Afghan and Iraqi interpreters and other special immigrants.
Certain individuals granted Temporary Protected Status (TPS).

Factors Considered in the Public Charge Determination

USCIS evaluates an applicant’s likelihood of becoming a public charge based on a totality of circumstances approach. This includes:

1. Financial Resources:

Current income and assets.
Whether the household income is at least 125% of the federal poverty guidelines.

2. Employment:

Whether the applicant is currently employed or has a history of stable employment.
Prospects for future employment based on skills, education, and job market conditions.

3. Health:

Whether the applicant has a medical condition that could affect their ability to work or require extensive medical care.
Availability of health insurance or resources to cover medical expenses.

4. Education and Skills:

Level of education and vocational training.
Proficiency in English or other relevant languages for the U.S. labor market.

5. Family Size:

Larger family sizes may indicate a higher likelihood of needing public benefits.

Public Benefits Considered

Under the December 2022 rule, only cash assistance for income maintenance and institutionalization at government expense are considered in the public charge determination. Examples include:

Supplemental Security Income (SSI).
Temporary Assistance for Needy Families (TANF).
Government-funded long-term institutional care.

Benefits NOT Considered:

Non-cash benefits such as:
- Medicaid (except for long-term institutional care).
- SNAP (food stamps).
- Housing assistance.
- COVID-19-related assistance or vaccines.
- Emergency disaster relief.

Submitting Adjustment of Status Applications

Key Dates:

The final rule applies to adjustment of status applications postmarked or electronically filed on or after December 23, 2022.

What to Include:

Form I-485, Application to Register Permanent Residence or Adjust Status.
Evidence of:
- Financial resources (e.g., tax returns, pay stubs, bank statements).
- Employment and education history.
- Health insurance coverage (if applicable).

Policy Manual Update:

The USCIS Policy Manual now includes updated instructions for officers and applicants to ensure consistent application of the rule.

How USCIS Evaluates Public Charge

USCIS uses a weighted system to assess positive and negative factors:

Positive factors: High income, stable employment, good health, and strong educational background.
Negative factors: Reliance on public benefits, lack of income, significant health issues, or limited work prospects.

Applicants can offset negative factors with positive ones, as the assessment considers the totality of circumstances.

How to Prepare a Strong Application

To strengthen your case:

Provide complete and accurate documentation.
Highlight positive factors, such as employment history or financial stability.
Address any potential negative factors, such as providing proof of available resources for medical conditions.

Accessing Resources

For more information:

Visit the Public Charge Resources page for details and updates.
Refer to the Policy Manual for in-depth guidelines.

Understanding the Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) was enacted on August 6, 2002, to address issues where children applying for green cards “age out” by turning 21 before their application is processed. By freezing or adjusting the applicant’s age for immigration purposes, the CSPA ensures many applicants can still qualify as “children” and remain eligible for family or employment-based immigration benefits.

Below is a detailed, easy-to-follow guide to understanding the CSPA, who qualifies, and how it works.

What Is the Child Status Protection Act (CSPA)?

Key Purpose

The CSPA helps applicants avoid losing their eligibility as a “child” (unmarried and under 21) due to long processing times for immigration petitions.

How It Works

The CSPA does not change the definition of a child but provides a method for calculating an adjusted age known as the “CSPA age.” This calculated age determines if the applicant can still qualify as a child, even if they turn 21 during the immigration process.

Who Qualifies for CSPA Protection?

CSPA applies to specific categories of applicants, including:

Immediate relatives, such as children of U.S. citizens or derivatives of widow(er)s.
Family-sponsored preference applicants and their derivatives.
Employment-based preference derivatives.
Diversity Visa (DV) derivatives.
Derivative refugees and asylees.
VAWA self-petitioners and their derivatives.

To qualify:

The applicant must have a qualifying petition or application filed on or after August 6, 2002.
The petition must be pending or approved, and the applicant’s CSPA age must fall under 21.

How CSPA Applies to Different Categories

1. Immediate Relatives

Age is frozen on the date the Form I-130 or Form I-360 is filed.
Must remain unmarried to qualify.
If the petitioner dies, the petition converts to a widow(er)’s Form I-360, and derivative children are protected under CSPA if under 21 when the petition was filed.

2. Family and Employment Preference and Diversity Visa Applicants

CSPA age is calculated using the formula:

Age at Time of Visa Availability – Pending Time = CSPA Age

Example:

A petition was filed on February 1, 2016, and approved on August 1, 2016.
The visa becomes available when the applicant is 21 years and 4 months old.
Pending time = 6 months (February to August 2016).
CSPA Age = 21 years and 4 months – 6 months = 20 years and 10 months.

The applicant qualifies as a child under CSPA.

Key Terms:

Visa Availability: Determined by either the petition approval date or the first date listed in the Visa Bulletin when filing is allowed.
Pending Time: The duration between the petition filing and its approval.

3. Derivative Refugees and Asylees

Refugees: Age is frozen on the date of the Form I-590 interview for the principal refugee.
Asylees: Age is frozen on the date Form I-589 was filed by the principal asylee.

Unique Requirements:

Refugees do not need to remain unmarried to qualify for a green card under INA Section 209.
Asylees must remain unmarried to qualify for both derivative asylum and a green card.

Steps to Calculate CSPA Age

Determine the age at the time of visa availability:
- The later of the petition approval date or the visa priority date in the Visa Bulletin.
Subtract the pending time:
- Pending time = Approval Date – Filing Date.
Evaluate if the resulting CSPA age is under 21.

Meeting the Sought-to-Acquire Requirement

To benefit from CSPA, eligible applicants must take action within 1 year of the visa becoming available. Actions include:

Filing Form I-485 for adjustment of status.
Submitting a completed Form DS-260.
Paying immigrant visa fees.
Filing Form I-824 for certain actions.

If the applicant misses this timeline, USCIS may excuse delays caused by extraordinary circumstances, such as natural disasters or medical emergencies.

Special Cases

Naturalization of Petitioner

If a lawful permanent resident (LPR) petitioner becomes a U.S. citizen:
- Child under F2A (second preference) converts to immediate relative, freezing their age on the naturalization date.
- Unmarried sons or daughters under F2B convert to F1 (first preference) but can request to remain under F2B if the waiting period is shorter.

K-2 and K-4 Nonimmigrants

K-2 (children of K-1 fiancé(e)s):
- Eligible for green cards as long as they were under 21 at admission, even without CSPA protection.
- If a Form I-130 is filed by the stepparent, CSPA applies, freezing age on the petition filing date.
K-4 (children of K-3 spouses):
- Protected under CSPA when applying as an immediate relative using Form I-130.

Filing a Motion to Reopen Under Updated Policy

If your adjustment application was denied due to aging out, but you believe your CSPA age is under 21 under the updated policy:

File Form I-290B (Notice of Appeal or Motion).
Include documentation to support the CSPA age calculation.
Submit within 30 days of the decision or provide a valid explanation for delays beyond this period.

Legal References and Resources

For immediate relatives, see INA 201(f).
For family/employment preference and diversity visa cases, see INA 203(h).
For refugee and asylee adjustments, see INA 207(c)(2)(B) and INA 208(b)(3)(B).
Detailed guidance: USCIS Policy Manual, Volume 7.

Transfer of Underlying Basis for Form I-485: A Step-by-Step Guide

If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, you may request to transfer its underlying basis to a different employment-based immigrant category based on a new or previously approved Form I-140, Immigrant Petition for Alien Workers. Below is a simple and detailed guide to help you understand and navigate this process.

What Is a Transfer of Underlying Basis?

A transfer of underlying basis allows applicants to use a different Form I-140 as the foundation for their pending Form I-485. This might be necessary if you qualify for a faster or more advantageous immigrant visa category, or if your eligibility circumstances change.

Eligibility Criteria

USCIS may approve your transfer request if you meet the following conditions:

You have maintained eligibility for adjustment of status.
Your Form I-485 is still pending (not approved or denied).
You meet the requirements of the new immigrant category.
A visa is immediately available under the new category.

How to Request a Transfer

Step 1: Submit a Written Request

Write a clear and concise letter requesting the transfer.
Include sufficient information to identify:
- Your pending Form I-485 (receipt number or A-number).
- The Form I-140 you want to use as the new basis for your adjustment application.

Step 2: Include Supplement J (if required)

The Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) confirms the validity of the job offer in your Form I-140.

When to include Supplement J:
- If transferring to a previously approved Form I-140, attach a completed Supplement J.
- If the Form I-140 is still pending, Supplement J is not required.
- If transferring to a new Form I-140 and eligible for concurrent filing, include a signed letter with the new Form I-140 but no Supplement J.

Step 3: Assemble Supporting Documents

Required documents:
- Receipt notice for your pending Form I-485.
- Evidence of eligibility for the new immigrant category.
- Any other supporting documents requested by USCIS.

Where to Send Your Request

The mailing address depends on the type of transfer and whether Supplement J is included:

1. If Supplement J Is Included

Mail your transfer request and Supplement J to the centralized location:

For USPS:

USCIS

Attn: Supp J

PO Box 660834

Dallas, TX 75266-0834

For FedEx, UPS, or DHL:

USCIS

Attn: Supp J (Box 660834)

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067-8003

2. If No Supplement J Is Included

Send the request to the USCIS office handling your pending Form I-485. You can find this office by:

Referring to your receipt or transfer notices.
Contacting the USCIS Contact Center at 800-375-5283.

3. If a New Form I-140 Is Filed

Submit your transfer request along with the new Form I-140 to the normal filing location for Form I-140. Do not send it to the addresses above.

Key Notes and Best Practices

No New Filing Fee or I-485 Application Required:
- You do not need to file a new Form I-485 or pay an additional fee. Submitting a new adjustment application will not speed up processing.
Cover Sheet for New Form I-140:
- When filing a new Form I-140, include a cover sheet marked with “REQUEST FOR TRANSFER OF PENDING FORM I-485 [receipt number] TO ENCLOSED PETITION.”
No Written Confirmation of Transfer Requests:
- USCIS does not send formal responses to transfer requests. However, they will issue receipt notices for any Supplement J submitted.
Avoid Duplicate Requests:
- If you’ve already submitted a transfer request, do not file another. USCIS will process existing requests as usual.

Special Circumstances

Multiple Approved I-140 Petitions: If you have several approved Form I-140 petitions, you can request to transfer your I-485 to the one that benefits you most, provided eligibility requirements are met.
Pending Form I-140: You may request a transfer to a pending Form I-140 without submitting Supplement J.
Concurrent Filing: If eligible, you can concurrently file a new Form I-140 and request a transfer of your pending I-485.

When to Avoid Submitting a Transfer Request

Do not send a transfer request to the Supplement J address if:
- The request is unaccompanied by Supplement J.
- You are filing a new Form I-140 with the request.

Contacting USCIS

If you’re unsure about where to send your request or how to proceed, you can:

Review your receipt or transfer notices.
Contact the USCIS Contact Center at 800-375-5283.

Legal References and Additional Information

For more details:

Refer to the USCIS Policy Manual on transferring underlying basis for Form I-485.
Visit the USCIS Direct Filing Addresses for Form I-140 page for new petition submissions.

By carefully following these steps, you can ensure a smooth and efficient transfer process for your pending Form I-485.

Guide to Replacing Your Green Card Using Form I-90

Replacing a Green Card (Permanent Resident Card) is essential for lawful permanent residents who need a new card due to loss, expiration, or errors. This guide provides step-by-step instructions and tips to complete and file Form I-90 effectively.

1. Important Alerts

Current Edition Requirement
Ensure you use the latest edition of Form I-90. Check the Edition Date at the bottom of the form or the instructions page. Using an outdated version may result in rejection.
Automatic 36-Month Extension
Starting September 10, 2024, USCIS automatically extends Green Card validity by 36 months for applicants who file Form I-90 to renew expiring or expired cards. Receipt notices reflecting this extension will be sent to pending applicants.

2. Eligibility Check

Before filing Form I-90:

Do NOT use Form I-90 if you are a conditional resident seeking to remove conditions. Use:
- Form I-751: For marriage-based conditional residents.
- Form I-829: For investor-based conditional residents.
Use the Check Naturalization Eligibility Tool to explore whether you qualify for U.S. citizenship.

3. Filing Options

You can file Form I-90 either online or by mail.

a. Online Filing

Create a USCIS Online Account:
- Pay the filing fee.
- Track application status.
- Receive updates and manage contact details.
Benefits:
- View estimated case completion dates.
- Respond to Requests for Evidence (RFEs).
- Attorneys can manage multiple clients through a single account.

Note: Fee waiver applications cannot be filed online.

b. Filing by Mail

USPS Address:
USCIS
Attn: I-90
P.O. Box 21262
Phoenix, AZ 85036-1262
FedEx, UPS, or DHL Address:
USCIS
Attn: I-90 (Box 21262)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

Important: Incorrect filing locations may delay processing.

4. When to File

Renewal: File if your Green Card is valid for 10 years and:
- It has expired.
- It will expire within 6 months.
Age Requirement: File if you became a permanent resident before turning 14 and are now 14 years old.
No Expiration Date on Green Card: File to replace older cards without expiration dates, as these are no longer valid.

Conditional Residents: Do not use Form I-90. File Form I-751 or Form I-829 as applicable.

5. Filing Fees

Check the current fee on the USCIS Fee Schedule page.
Payment Methods:
- Online: Pay via credit/debit card.
- Mail: Use a money order, personal/cashier’s check, or Form G-1450 for credit card payments.
Fee Waivers: No filing fee is required if:
- Your card was mailed over 30 days ago, returned as undeliverable, and you haven’t changed your address.
- The card contains errors caused by USCIS.

6. Required Documentation

Depending on your situation, provide:

Lost/Stolen/Damaged Card:
- A copy of your Green Card or government-issued ID.
Never Received Card:
- Government-issued ID.
- Form I-797 (Notice of Action) for your approved application.
Incorrect Information (USCIS Error):
- Original Green Card with the error.
- Evidence of correct biographical data.
Biographical Changes (Your Request):
- Legal documents showing the change.
Expired or Expiring Card:
- A copy of your expired/expiring Green Card.

7. Filing Tips

Complete All Sections: Forms missing key fields (e.g., name, address, date of birth) will be rejected.
Sign Your Form: Unsigned applications are automatically rejected.
Translation Requirements: If submitting documents in a foreign language, include certified English translations.

8. Address Changes

Update your address via:
- USCIS Online Account, or
- Filing Form AR-11 (online or by mail).

9. Withdrawing an Application

Submit a written request to:

Texas Service Center
6046 N Belt Line Rd. STE 114
Irving, TX 75038-0015

Note: Filing fees are non-refundable.

Checklist

Before submitting Form I-90:

Confirm all form pages match the latest edition.
Attach all required evidence.
Double-check payment methods.
Include certified translations if applicable.

For further guidance, visit the USCIS Contact Center.

If Your Application Is Denied

What Happens If USCIS Denies Your Application?

You’ll receive a letter explaining the reason for denial.
Denials cannot be appealed, but you can file:
1. Motion to Reopen: Present new facts and supporting evidence.
2. Motion to Reconsider: Show that USCIS incorrectly applied immigration law or policy.

Visit the Appeals and Motions page for more details.

Previous Versions of Green Cards

If you have an outdated version of the Green Card (e.g., Form AR-3, AR-103, or I-151), you must replace it with a current version. Older cards are no longer valid as proof of lawful permanent resident status.

Legal Requirements for Carrying a Green Card

According to Section 264 of the Immigration and Nationality Act (INA):

Every permanent resident over 18 years old must carry their Green Card at all times.
Failure to comply is a misdemeanor offense.

Helpful Resources

Forms:
- Form I-90: Application to Replace Permanent Resident Card.
- Form I-751: Petition to Remove the Conditions on Residence.
- Form I-829: Petition by Entrepreneur to Remove Conditions.
Additional Information:
- Finding Legal Services: Get assistance with your application.
- Change of Address: Update your address with USCIS.
- How to Renew or Replace Your Green Card (PDF)
  Card Delivery Tracking.
  
  Online Filing Benefits.

Settling in the United States: A Detailed Guide for New Lawful Permanent Residents

Transitioning to life in the United States as a new lawful permanent resident (LPR) can be both exciting and challenging. To help you adapt to your new home, this comprehensive guide provides step-by-step adviceon education, employment, finances, health care, safety, and community involvement. With detailed resources and tips, you’ll be better equipped to settle in and succeed.

Getting Started: Understanding the United States

Learn About U.S. History and Government

The first step in integrating into your new life is understanding the foundations of the U.S. Here’s what to explore:

U.S. History: Learn about the country’s founding, significant events, and cultural milestones.
Government Structure: Understand the three branches of government (executive, legislative, and judicial) and how they function at the federal, state, and local levels.
Rights and Responsibilities: Familiarize yourself with your basic rights, such as freedom of speech and religion, as well as responsibilities like paying taxes and obeying the law.

Resource: Download and read the “Welcome to the United States: A Guide for New Immigrants”, available in 14 languages, to gain a deeper understanding of U.S. civics and culture.

Education and Child Care: Building a Future

Education is a cornerstone of success in the U.S. Here’s how to navigate the system:

For Children

Public Schools: Free and mandatory for children aged 5 to 18. Schools are divided into elementary (K-5), middle (6-8), and high school (9-12).
Enrollment Process: Contact your local school district for required documents, including proof of residency and immunization records.
Special Education: Schools offer programs for children with disabilities or special needs.

For Adults

English as a Second Language (ESL): Community colleges and local organizations often provide affordable ESL classes.
Higher Education: Explore community colleges, universities, and trade schools. Many offer financial aid for those who qualify.
Vocational Training: Focused programs to gain skills in trades like plumbing, carpentry, or computer programming.

Child Care

Day Care Centers: Licensed facilities offering professional care for children.
Government Assistance: Programs like Head Start provide free early education for low-income families.

Employment: Finding and Securing a Job

Work Authorization

Before working, ensure your Employment Authorization Document (EAD) or Green Card permits you to work legally.

Steps to Find a Job

Prepare a Resume: Highlight your skills, education, and work experience.
Search for Jobs: Use websites like Indeed, LinkedIn, and Glassdoor. Visit local job centers for additional help.
Network: Attend career fairs, workshops, and community events to connect with potential employers.
Interview Tips: Research the company, dress professionally, and practice common interview questions.

Understand Your Workplace Rights

Minimum Wage: Know your state’s minimum wage laws.
Anti-Discrimination Laws: Employers cannot discriminate based on race, religion, gender, or immigration status.
Safety: The Occupational Safety and Health Administration (OSHA) ensures safe working conditions.

Money and Finance: Managing Your Finances

Financial literacy is crucial for stability and growth. Here’s what you need to know:

Banking

Open a Bank Account: Choose between a checking account for daily transactions and a savings account to grow your funds.
Documents Needed: Valid ID, Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), and proof of address.

Credit

Build Credit: Use a secured credit card and pay your bills on time to establish a credit history.
Credit Scores: Essential for renting apartments, getting loans, and more.

Budgeting and Saving

Track Expenses: Use apps like Mint or YNAB to manage your finances.
Emergency Fund: Save three to six months’ worth of living expenses for unexpected situations.

Taxes

All residents are required to file taxes annually. Seek assistance from a tax preparer or free tax clinics.

Health Care: Accessing Medical Services

The U.S. health care system can be complicated, but understanding your options is key.

Health Insurance

Through Employers: Many jobs offer insurance as part of employee benefits.
Marketplace Plans: Visit HealthCare.gov for affordable insurance options.
Medicaid and CHIP: Programs for low-income families and children.

Finding a Doctor

Use your insurance provider’s network directory to find a primary care physician (PCP).
Schedule regular check-ups and preventive care.

Emergency Care

Dial 911 for emergencies requiring immediate medical attention.
Visit urgent care clinics for non-life-threatening issues.

Safety and Emergencies: Staying Prepared

Emergency Contacts

Dial 911 for police, fire, or medical emergencies.
Learn non-emergency numbers for your local police department.

Natural Disasters

Depending on your location, familiarize yourself with risks such as hurricanes, tornadoes, earthquakes, or wildfires. Create an emergency kit with:

Water and non-perishable food
Flashlights and batteries
Important documents

Personal Safety

Avoid sharing personal information with unknown individuals.
Lock your home and car doors, and stay aware of your surroundings.

Community Involvement: Becoming Part of Your New Home

Volunteer Opportunities

Volunteering is a great way to meet people and contribute to your community. Consider:

Assisting at food banks or shelters.
Joining environmental clean-up initiatives.
Mentoring youth or supporting educational programs.

Cultural Events

Participate in local festivals, parades, and community gatherings to celebrate diversity and connect with others.

Additional Resources for Immigrants

“Welcome to the United States” Guide: Download in your preferred language.
Community Support Groups: Many cities have organizations dedicated to helping immigrants adjust.
USCIS Resources: Visit the USCIS website for forms, updates, and important announcements.

Final Tips for Success

Be Patient: Adapting to a new culture takes time, so be kind to yourself.
Ask Questions: Seek advice from trusted sources or local organizations.
Stay Connected: Maintain relationships with friends and family, and build new ones in your community.

Welcome to the United States: A Guide for New Immigrants

USCIS Welcomes Refugees and Asylees Brochure

This brochure is currently available in the following languages. The information in the brochure will help refugees and asylees learn about getting settled in the United States and about the rights, responsibilities, and importance of U.S. citizenship.

RIGHTS AND RESPONSIBILITIES OF GREEN CARD HOLDERS

As a lawful permanent resident (LPR) of the United States, commonly referred to as a green card holder, individuals enjoy various rights, privileges, and responsibilities. Understanding these ensures compliance with U.S. laws and makes the most of permanent resident status.

The first three issues are very important:

Maintating Green Card Status
Understanding eligibilty for US citizenship (optional)
Carrying your green card

Maintaining Green Card Status

Residency Obligations

LPRs must reside in the U.S. for the majority of the time to maintain their status.
Prolonged absences (over 6 months) may require special documentation like a re-entry permit.

Good Moral Character

Maintaining good legal standing is critical. Criminal convictions, particularly serious crimes, may lead to removal or deportation.

Pathway to U.S. Citizenship

Continuous Residency
- Five years for most applicants.
- Reduced to three years if married to a U.S. citizen or one year for military service members.
Additional Requirements
- Good moral character.
- Passing an English and civics test.
- Demonstrating attachment to the U.S. Constitution.
Early Filing
- Applications can be submitted 90 days before meeting the residency requirement.

Legal Requirements for Carrying a Green Card

According to Section 264 of the Immigration and Nationality Act (INA):

Every permanent resident over 18 years old must carry their Green Card at all times.
Failure to comply is a misdemeanor offense.

Rights of a Lawful Permanent Resident

LPRs have specific rights under U.S. law, similar to those of U.S. citizens, with a few key distinctions. Here is a breakdown.

Key Rights

Reside Permanently in the U.S.
- LPRs can live anywhere in the U.S. as long as they do not engage in actions that make them removable under immigration laws.
Work in the United States
- LPRs can seek employment in most fields, except certain federal jobs or roles requiring U.S. citizenship.
Property Ownership
- They can buy, sell, or register property in their name.
Operate Businesses
- LPRs can start and manage businesses, enjoying the same opportunities as U.S. citizens.
Legal Protections
- Receive equal protection under U.S., state, and local laws.
Travel Rights
- Travel freely outside the U.S. for up to one year as a tourist without losing status (longer absences require additional documentation, like a re-entry permit). Consult an attorney if you engage in frequent travels.
Family Sponsorship
- Sponsor specific family members (spouse and unmarried children) to immigrate to the U.S.
Military Service
- Eligible to join and serve in the U.S. Armed Forces or certain law enforcement agencies.

Voting and Political Limitations

LPRs cannot:
- Vote in federal elections.
- Run for federal office.
They may vote in some local elections and hold local/state offices based on jurisdictional laws. Consult with an attorney.

Responsibilities of a Lawful Permanent Resident

LPRs are required to fulfill specific legal obligations to maintain their status.

Key Responsibilities

Obey U.S. Laws
- Must adhere to all federal, state, and local laws.
Tax Obligations
- File U.S. income tax returns annually and report worldwide income to the Internal Revenue Service (IRS) and state authorities.
Selective Service Registration
- Male LPRs aged 18–25 must register with the Selective Service System.
Maintain Residency
- LPRs must maintain their status by residing in the U.S. and avoiding actions that indicate abandonment of residency, such as prolonged absences without re-entry permits.

Conditional Permanent Residents (CPRs)

Some LPRs receive conditional permanent residency, typically based on recent marriage to a U.S. citizen or an investment.

Conditions of CPR Status

CPR status lasts two years and requires meeting specific conditions:
- Marriage-Based Residency: Prove the marriage was genuine and not fraudulent.
- Investor Residency: Demonstrate investment and job creation requirements were met.

Removing Conditions

File the appropriate petition 90 days before the two-year conditional status expires:
- Form I-751: Marriage-based residency.
- Form I-829: Investment-based residency.

Supporting Evidence

Provide documentation, such as:
- Birth certificates of children.
- Joint financial statements.
- Letters from employers, friends, or family.
A follow-up interview may be required to verify the legitimacy of the application.

Permanent Resident Status After Approval

Upon approval:
- CPR status is converted to permanent residency.
- A new green card, valid for 10 years, is issued.

Abandonment or Loss of Permanent Residency

LPR status can be lost voluntarily or involuntarily under certain conditions.

Voluntary Relinquishment

File Form I-407 to abandon status and return the green card at a U.S. embassy.

Involuntary Loss

Criminal Acts
- Certain crimes, such as aggravated felonies, make an LPR removable.
Abandonment of Residency
- Moving abroad permanently or prolonged absences without a re-entry permit.
Fraud
- Providing false information during the application process can lead to revocation.
Tax Noncompliance
- Failure to file taxes may result in losing status.

Consequences of Loss

Loss of status results in deportation.
Bans on re-entry range from 3 years to permanent exclusion, depending on the circumstances.

Green Card Renewal and Security Enhancements

Renewal
- Green cards must be renewed every 10 years using Form I-90.
- Conditional green cards require earlier renewal based on conditions.
New Security Features
- Cards issued after 2010 include RFID chips and other features to prevent fraud.
- Protective sleeves are provided but may require additional shielding.

Tax Implications of Green Card Relinquishment

Expatriation Tax
- Green card holders who relinquish their status after holding it for 8 of the last 15 years may be subject to a tax on unrealized global gains above $600,000.
- Applies to individuals:
  - With annual tax liabilities exceeding $139,000.
  - Worth more than $2 million.
  - Failing to certify IRS compliance.
Double Taxation
- LPRs living or working abroad are subject to U.S. taxation unless mitigated by foreign tax credits.

Key Considerations

Carry Your Green Card
- U.S. law requires LPRs over 18 years old to carry their green cards at all times.
Seek Legal Advice
- Consulting with an immigration attorney can simplify complex cases.
Stay Updated
- Immigration laws and policies frequently change; staying informed is crucial.

Early Beginnings of Green Card

Introduced as the “Alien Registration Receipt Card” under the Nationality Act of 1940.
Initially managed by the Immigration and Naturalization Service (INS), now part of USCIS.

Significant Legislation

Immigration and Nationality Act of 1952 (INA): Standardized immigration policies.
Illegal Immigration Reform and Immigrant Responsibility Act (1996): Strengthened enforcement mechanisms.

More Information

Forms

Other USCIS Links

Non-USCIS Links

IRS: Taxation of Resident Aliens

Understanding and adhering to these rights and responsibilities ensures that lawful permanent residents can maintain their status and make the most of their opportunities in the United States.

Visa-Free Travel for U.S. Permanent Residents

As a U.S. lawful permanent resident (green card holder), you may enjoy visa-free travel to several countries and territories for tourism purposes. While the privileges vary depending on the destination, this guide simplifies the process and highlights essential details for your travel plans.

Visa-Free Destinations for U.S. Permanent Residents

Countries Allowing Visa-Free Entry

Whiel you should always contact the country’s embassy for verification, based on current information availble, these countries allow visa-free access to U.S. green card holders for tourism within the specified time limits:

Albania
- Stay: Up to 90 days within a 180-day period.
Anguilla
- Stay: Up to 90 days.
Antigua and Barbuda
- Stay: Up to 30 days.
Bahamas
- Stay: Up to 30 days.
Bosnia and Herzegovina
- Stay: Up to 90 days within a 180-day period.
British Virgin Islands
- Stay: Up to 1 month.
Canada
- Stay: Up to 6 months without an Electronic Travel Authorization (eTA).
Cayman Islands
- Stay: Up to 30 days.
Costa Rica
- Stay: Up to 30 days.
Dominica
- Stay: Up to 6 months.
Dominican Republic
- Stay: Up to 30 days.
Dutch Caribbean (Aruba, Curaçao, Sint Maarten, Caribbean Netherlands)
- Stay: Up to 30 days.
Georgia
- Stay: Up to 90 days within a 180-day period.
Guatemala
- Stay: Up to 90 days.
Honduras
- Stay: Up to 90 days.
Jamaica
- Stay: Up to 90 days.
Kosovo
- Stay: Up to 15 days.
Mexico
- Stay: Up to 180 days.
Montenegro
- Stay: Up to 30 days.
Nicaragua
- Stay: Up to 3 months.
Panama
- Stay: Up to 90 days.
Serbia
- Stay: Up to 90 days.
Turks and Caicos Islands
- Stay: Up to 30 days.

Destinations with Conditional Visa-Free Access

Some countries require additional steps or conditions for U.S. permanent residents:

Belize
- Visa on arrival is available upon obtaining prior approval from Belizean Immigration.
- Fee: $50 USD (repatriation fee may also apply).
Bermuda
- Visa-free access, with no additional formalities mentioned.

Important Notes for Green Card Holders

General Guidelines

Travel Documents: Carry your valid U.S. green card and passport. Both are usually required for entry and re-entry into the U.S.
Purpose of Travel: Visa-free access typically applies to tourism. Business, work, or extended stays may require additional permits or visas.
Duration Limits: Overstaying the allowed period may result in fines, deportation, or restrictions on future visits.

Special Considerations

Additional Identification: Some countries may request proof of onward travel or accommodation reservations.
Vaccination Requirements: Ensure compliance with any COVID-19 or other vaccination protocols in your destination country.

Tips for Hassle-Free Visa-Free Travel

Check for Updates: Immigration policies change frequently. Verify visa-free travel eligibility before departure.
Emergency Funds: Some countries may require proof of sufficient financial means for the duration of your stay.
Stay Within Limits: Exceeding the permitted stay duration can lead to fines or denial of re-entry.
Re-entry to the U.S.: Confirm that your green card and passport meet the validity requirements for re-entering the United States.

By understanding the visa-free privileges available to U.S. permanent residents, you can explore new destinations with ease while adhering to each country’s specific entry requirements. Always check the latest regulations to ensure a smooth and enjoyable journey!

Must Green Card Holders Pay U.S. Taxes on Foreign Income?

Yes, green card holders (lawful permanent residents) must pay U.S. taxes on their worldwide income, even if they live or earn income abroad. This guide explains your responsibilities, reporting requirements, and the consequences of non-compliance while offering practical tips for staying compliant with U.S. tax laws.

Reporting Worldwide Income as a Green Card Holder

What Does Worldwide Income Mean?

In the U.S.: You must report income earned from jobs, investments, or businesses operating within the United States.
Outside the U.S.: Income earned abroad, including wages, rental income, or investment earnings, must also be reported.

Living Abroad with a Green Card

Green card holders living in another country are still considered U.S. tax residents.
Maintaining Green Card Status: To avoid being considered as having abandoned your residency, take steps like filing for a reentry permit if you are living abroad for extended periods.

Tax Credits and Treaties

Filing a U.S. tax return does not necessarily mean you’ll be taxed twice.
Tax Credits: You can often claim a tax credit for foreign taxes paid, reducing your U.S. tax liability.
Tax Treaties: The U.S. has treaties with several countries to regulate how income earned abroad is taxed. Check if your country of residence has a treaty with the U.S.

U.S. Tax Filing Requirements for Green Card Holders

Annual Tax Return
- File IRS Form 1040 by April 15th to report your income.
- Instructions and forms are available on the IRS website.
Days Spent in the U.S.
- Unlike nonimmigrants (temporary visa holders), green card holders must report their worldwide income regardless of the number of days spent in the U.S. during the year.

Reporting Foreign Assets as a Green Card Holder

Under the Foreign Account Tax Compliance Act (FATCA), green card holders with significant foreign financial assets have additional reporting responsibilities.

Key Reporting Requirements

Form 8938 (Statement of Foreign Financial Assets)
- File with your tax return if your foreign financial assets exceed:
  - $50,000 for single filers living in the U.S.
  - Higher thresholds for joint filers or those living abroad.
- Applies to assets held since March 18, 2010.
FBAR Reporting (FinCEN Form 114)
- Required if the total value of your foreign accounts exceeds $10,000 at any point during the tax year.
- The FBAR is filed separately from your tax return, and the deadline is April 15th, with a six-month automatic extension to October 15th.
Purpose of FATCA and FBAR
- These regulations aim to prevent tax evasion by uncovering undisclosed offshore accounts.

Consequences of Failing to Comply With U.S. Tax Laws

Failing to meet your tax obligations as a green card holder can have serious consequences, including financial penalties, immigration issues, and legal ramifications.

Penalties for Non-Compliance

Failure to File Taxes
- Can result in fines, interest, and even criminal charges in severe cases.
- FATCA penalties include:
  - Up to $10,000 for failure to report foreign assets.
  - Up to $50,000 for continued non-compliance after notification.
- The IRS may impose a 40% penalty on the understatement of tax related to unreported assets.
Immigration Consequences
- Non-compliance may be interpreted as an intention to abandon U.S. residency.
- Your green card could be revoked, and you could face deportation.
Impact on Citizenship
- Failure to file taxes can block your path to U.S. citizenship.
- Citizenship applications (Form N-400) require proof of tax compliance. Applicants who have not filed may need to pay back taxes and penalties to move forward.

Common Scenarios for New Immigrants

Working Abroad
- Income earned outside the U.S. is taxable. Double taxation can often be mitigated using foreign tax credits or tax treaties.
Foreign Accounts and Assets
- Ensure compliance with FBAR and Form 8938 requirements to avoid penalties.
Expatriation Tax
- If you relinquish your green card after holding it for 8 of the last 15 years, you may be subject to the expatriation tax. Green card holders who relinquish their status after holding it for 8 of the last 15 years may be subject to a tax on unrealized global gains above $600,000.
  - Applies to individuals:
    - With annual tax liabilities exceeding $139,000.
    - Worth more than $2 million.
    - Failing to certify IRS compliance.

Practical Steps to Stay Compliant

Understand Your Obligations
- Know that as a green card holder, you must report all income and applicable foreign assets, even if you live abroad.
Leverage Tax Credits
- Claim foreign tax credits (Form 1116) to avoid double taxation.
Stay Current with Reporting
- File Form 8938 and FBAR as required to report foreign accounts and assets.
Seek Professional Advice
- Consult a tax professional or attorney specializing in U.S. expat taxes to ensure compliance and minimize tax liability.

Additional Resources

IRS Website: Find detailed instructions, forms, and FAQs.
Tax Professionals: Work with accountants experienced in U.S. and international taxation.
Immigration Lawyers: Seek legal help if tax issues affect your residency or citizenship.

Understanding and adhering to U.S. tax laws is essential for green card holders, whether residing in the U.S. or abroad. Non-compliance can lead to severe consequences, but with the right guidance and tools, you can navigate your tax responsibilities effectively while safeguarding your immigration status.

Tips for Managing U.S. Tax Obligations

Stay Organized
- Keep records of all income sources, both domestic and international.
File on Time
- U.S. tax returns are typically due by April 15. Extensions are available but must be requested in advance.
Consult a Tax Professional
- Immigration and tax laws can be complex. Professional advice ensures compliance and optimal tax planning.
Use IRS Resources
- Leverage the free tools and publications provided by the IRS to simplify your tax filings.

IRS Assistance

Online Tools: The IRS website offers resourcesfor various taxpayer needs.
Telephone Support: Contact numbers are available based on the type of assistance required.
Local Offices: Access international IRS offices for in-person help.

Navigating U.S. tax responsibilities as a new immigrant may seem overwhelming, but understanding these basic principles will help you comply with tax laws while avoiding unnecessary penalties. Stay informed, stay organized, and seek help when needed.

Contact a tax attorney or accountant for assistance.

U.S. Tax Implications for Green Card Holders Living Abroad

As a U.S. green card holder, whether you’re married to a U.S. citizen, worked in the U.S., or simply maintain permanent resident status, understanding your tax obligations is crucial—especially if you live abroad. This guide explains your responsibilities, potential consequences for non-compliance, and strategies to reduce your tax liability.

Do Green Card Holders Living Abroad Need to File U.S. Taxes?

Yes. Green card holders are treated as U.S. tax residents, meaning you must report your worldwide income to the IRS every year, regardless of where you live.

Form to File: Use IRS Form 1040 to report income.
Global Taxation: The U.S. and Eritrea are the only countries with citizenship-based taxation, requiring residents and citizens to report income earned anywhere in the world.
Foreign Bank Reporting: Under the Foreign Account Tax Compliance Act (FATCA), international banks report financial activities of U.S. citizens and green card holders to the IRS.

What Happens if My Green Card Expires?

An expired green card does not eliminate your tax responsibilities.

Still Obligated to File: You must continue filing U.S. taxes until you officially abandon your green card.
How to Abandon Status: File USCIS Form I-407 to relinquish your green card, either before or after leaving the U.S.
Exit Tax: If you’ve been a green card holder for 8 of the past 15 years, you may be subject to an exit tax on unrealized global gains exceeding $767,000 (adjusted annually).
- Green card holders of less than two years are generally exempt.

Consequences of Not Filing U.S. Taxes

Failing to meet your tax obligations can lead to serious repercussions:

Penalties and Fines
- Non-compliance can result in hefty penalties, accrued interest, and legal consequences.
Immigration Impacts
- Non-filing may prevent you from becoming a U.S. citizen or upgrading your visa status. Immigration authorities may require proof of consistent tax compliance.
Visa Revocation
- In extreme cases, failure to comply can lead to visa or green card revocation.

How to Reduce Tax Liability as a Green Card Holder Abroad

Green card holders who reside overseas can avoid double taxation by utilizing IRS programs designed for expatriates.

1. Foreign Tax Credit (FTC)

Claim tax credits for taxes paid to a foreign government.

Form to File: Use IRS Form 1116.
How It Works:
- If you paid $1,200 in taxes to Portugal and owe $2,000 to the IRS, you can claim the $1,200 as a credit, reducing your U.S. tax liability to $800.
Eligible Taxes: Only income taxes qualify. Non-eligible taxes include sales tax, Social Security tax, and real estate tax.

2. Foreign Earned Income Exclusion (FEIE)

Exclude a significant portion of your foreign-earned income from U.S. taxes.

Form to File: Use IRS Form 2555.
Exclusion Limit: Up to $112,000 of foreign income in 2022.
Qualification Tests:
- Bona Fide Residence Test: Demonstrate social and economic ties to a foreign country, such as proof of residency or a foreign address.
- Physical Presence Test: Spend at least 330 days in a foreign country during a 12-month period.

3. Foreign Housing Exclusion (FHE)

Deduct housing-related expenses from your U.S. taxable income.

Form to File: Use IRS Form 2555, similar to FEIE.
Eligible Expenses:
- Rent.
- Utilities.
- Residential parking.
- Occupancy taxes.
- Leasehold fees.

Do Green Card Holders Need to Report Foreign Accounts?

It depends on the total value of your foreign accounts during the tax year.

FBAR Reporting

Requirement: File FinCEN Form 114 if your foreign accounts collectively exceed $10,000 at any point during the year.
Exempt Accounts:
- Government entity accounts.
- Retirement accounts.
- U.S. military banking facility accounts.

Filing Deadlines

Standard Deadline: April 15.
Extension: Automatic 6-month extension to October 17 for expats.

Strategies to Stay Compliant and Reduce Stress

Stay Organized
- Keep detailed records of all income, foreign taxes paid, and foreign account balances.
File on Time
- Avoid penalties by adhering to deadlines for filing returns and FBAR reports.
Seek Professional Help
- Consider hiring a tax professional experienced in expat tax laws. Firms like Bright!Tax specialize in helping green card holders abroad remain compliant while reducing tax liability.
Understand Tax Treaties
- Some countries have agreements with the U.S. to prevent double taxation. Research treaties applicable to your country of residence.

More Info

Contact a Tax Attorney or Accountant for information.

Taxation of U.S. resident aliens and Publication 519, U.S. Tax Guide for Aliens.

Taxpayers living abroad and Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Schedule B

Teport of Foreign Bank and Financial Accounts (FBAR).

Form 8938, Statement of Foreign Financial Assets.

Navigating U.S. tax obligations as a green card holder abroad can be overwhelming, but understanding the rules and leveraging available programs can simplify the process and minimize your liability. If you need assistance, seek professional help to ensure compliance while optimizing your tax outcomes.

Green Card Eligibility FAQs

General Eligibility

What is a green card?
- A green card is an official document that grants a person lawful permanent resident status in the United States, allowing them to live and work permanently in the country.
Who is eligible for a green card?
- Categories include family-based sponsorship, employment-based sponsorship, refugee/asylee status, diversity visa lottery winners, and other special immigrant categories.
Am I eligible for a green card through my family?
- Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) are eligible. Other family categories include siblings of U.S. citizens and spouses/unmarried children of green card holders.
Can I get a green card through employment?
- Yes, if you qualify under categories such as EB-1 (extraordinary ability, executives), EB-2 (advanced degree professionals), EB-3 (skilled workers), and EB-5 (investment-based).
Can refugees or asylees apply for a green card?
- Refugees and asylees can apply for a green card after one year of being granted such status.
What is the diversity visa (green card lottery) program?
- It is a program that randomly awards green cards to individuals from countries with low immigration rates to the U.S. Applicants must meet education or work experience requirements.
Can I apply for a green card if I am already in the U.S. on a visa?
- It depends on your visa type, current status, and whether you meet the eligibility criteria for adjustment of status.
Am I eligible for a green card through marriage?
- Yes, if you are married to a U.S. citizen or lawful permanent resident. Proof of a bona fide marriage is required.

Categories of Eligibility

What is the difference between family-based and employment-based green cards?
- Family-based green cards rely on sponsorship by relatives, while employment-based green cards are sponsored by employers or based on an individual’s skills, achievements, or investments.
What is a special immigrant category?
- It includes certain religious workers, employees of international organizations, and other designated groups.
Can I get a green card if I am a victim of crime or abuse?
- Yes, through the U visa (victims of crimes) or VAWA (Violence Against Women Act) provisions.
What is the EB-5 investment green card?
- This requires an investment of at least $800,000 in a qualifying U.S. business that creates at least 10 full-time jobs.
Are there green cards for students or temporary workers?
- No direct pathway exists, but some temporary visa holders may transition to permanent residency through employer sponsorship.
Can undocumented individuals apply for a green card?
- Yes, but eligibility often requires waivers, family ties, or other specific circumstances, such as DACA recipients or certain humanitarian exceptions.

Timeline and Processing

How long does it take to get a green card?
- Processing times vary by category. Immediate relatives of U.S. citizens may wait 6 months to a year, while certain employment-based and family preference categories can take several years.
What is the green card backlog?
- Due to annual caps, some categories (e.g., family preference, employment-based) experience significant delays, especially for applicants from high-demand countries like India, China, Mexico, and the Philippines.
What factors affect processing times?
- USCIS workload, priority date availability, completeness of the application, and the applicant’s country of origin.
Can I expedite my green card application?
- Expedites are granted for emergencies or humanitarian reasons. Premium processing is available for certain employment-based categories.

Costs and Fees

What are the costs of applying for a green card?
- Fees vary by process and category but include:
  - Form I-485 (Adjustment of Status): $1,440
  - Form DS-260 (Consular Processing): $325, plus $120 affidavit of support fee.
  - Medical exams and translations: Variable costs.
- Additional fees for legal assistance may apply.
Are there fee waivers for green card applications?
- Fee waivers are available for certain applicants based on financial hardship.
Do I need to pay for biometrics?
- Yes, a biometrics fee of $85 is typically required.

Adjustment of Status (AOS) vs. Consular Processing

What is the difference between adjustment of status and consular processing?
- Adjustment of Status (AOS): For applicants already in the U.S.; allows them to change their status without leaving.
- Consular Processing: For applicants outside the U.S.; they complete the process at a U.S. embassy/consulate.
Which option is faster?
- Processing times vary; consular processing may be quicker in some cases.
Can I travel while my green card application is pending?
- AOS applicants need advance parole; consular applicants are advised not to enter the U.S. on a temporary visa with immigrant intent.
Can I work while waiting for my green card?
- AOS applicants can apply for an Employment Authorization Document (EAD). Consular applicants must wait until the green card is issued.

Common Problems and Concerns

What happens if my green card application is denied?
- You may appeal or reapply, depending on the reason for denial. Some applicants may face removal proceedings.
What if my sponsor withdraws support?
- The application process may be terminated unless another sponsor is available or the applicant qualifies independently.
What if I made an error on my application?
- You can correct minor errors by contacting USCIS or submitting an amendment, but significant errors might delay or jeopardize your case.
What if I overstayed my visa or worked without authorization?
- Certain categories (e.g., immediate relatives of U.S. citizens) may still adjust status despite these issues.
Can criminal history affect my green card application?
- Yes, certain crimes (e.g., drug offenses, fraud) can make you inadmissible unless a waiver is granted.
What is the public charge rule?
- USCIS evaluates whether you are likely to rely on public benefits. Affidavits of support and financial documents are typically required.
What happens if my priority date is no longer current?
- You must wait until the priority date becomes current again to continue processing.
What if I have insufficient financial support?
- You may use a joint sponsor to meet the financial requirements.

Additional Concerns

Do I need a lawyer?

Not required but highly recommended for complex cases.

When can I apply for citizenship?

Typically after 3–5 years of permanent residency.

Can I work immediately with a Green Card?
Yes, you are authorized to work in any job or industry.

What happens if my Green Card application is denied?
You can appeal or reapply, depending on the reason for denial.

When can I apply for citizenship?
After 3–5 years of permanent residency.

What Should I Do If My Visa Is Denied?

The consular officer will provide a written explanation for the denial. You may be eligible to appeal the decision or file a waiver, depending on the grounds for denial.

How Long Does Consular Processing Take?

Processing times vary based on your category, country of origin, and the complexity of your case. It typically takes several months to over a year.

What Happens If My Circumstances Change?

Changes in your marital status, age, or eligibility may affect your case. Notify the NVC or consulate immediately to determine the next steps.

Can Concurrent Filing Be Done Outside the U.S.?

No. Concurrent filing is only available for adjustment of status cases within the United States. Individuals outside the U.S. must use consular processing.

What Happens If My Immigrant Petition Is Denied?

If the immigrant petition is denied, the adjustment of status application will also be denied.

Do All Cases Require an Interview?

Not all. USCIS may waive the interview for certain employment-based categories or straightforward cases.

How Long Will I Wait for My Priority Date to Become Current?

Wait times vary based on:

Visa demand and category limits.

Per-country caps.

Your category’s priority date in the Visa Bulletin.

Can I File Form I-485 Without a Current Priority Date?

No, unless you are an immediate relative of a U.S. citizen or concurrent filing is permitted for your category.

What Happens If My Priority Date Retrogresses?

Your adjustment of status application will remain pending.

Consular applicants must wait until the priority date becomes current again.

Can I Work While My AOS Is Pending?

Yes, you can apply for an Employment Authorization Document (EAD) using Form I-765. This allows you to work legally while your AOS is processed.

Can I Travel While Waiting?

You can apply for Advance Parole (Form I-131) to travel outside the U.S. without abandoning your application.

How long does it take to get a green card?

Processing times vary based on category, with family-based and employment-based applications often taking months to years.

Can green card holders lose their status?

Yes, due to criminal convictions, extended absences, or voluntarily abandoning residency.

What happens if my green card expires?

Renewals can be processed using Form I-90. Expired green cards do not invalidate permanent residency but can complicate travel and employment.

Can I Avoid Filing U.S. Taxes by Letting My Green Card Expire?

No. Even with an expired green card, you are obligated to file taxes unless you formally abandon your residency by filing Form I-407.

Am I Subject to the Exit Tax if I Abandon My Green Card?

Only if you’ve been a green card holder for 8 out of the last 15 years or meet specific income and asset thresholds.

What Happens if I Miss the FBAR Deadline?

Late filing or non-filing can result in significant penalties, ranging from $10,000 for non-willful violations to more severe fines for willful violations.

What should I do if my green card is lost or stolen while I am outside the U.S.?

If your green card is lost or stolen while you are outside the U.S., contact the nearest U.S. embassy or consulate and they will help you get travel documents to re-enter the U.S. Upon arrival in the U.S., file the I-90.

I filed for a green card through my employer. What happens if I lose my job before the process is complete?

Losing your job can complicate your green card application if it was filed through employment sponsorship. However, it doesn’t necessarily disqualify you. Consult an attorney to explore options, including finding a new U.S. employer willing to sponsor you or potentially switching to a different green card category (if eligible).

I’m worried about making a green card application form mistake. Are there any resources to help?

Absolutely! USCIS offers resources and even a tool called “Ask Emma” on their website to help with questions about forms and the application process. Additionally, consulting an immigration attorney can ensure your application is filled out accurately and avoid delays due to errors.

My green card application seems stuck. Can I expedite the process?

USCIS prioritizes certain green card applications based on specific criteria. You can inquire about your case status, but there’s generally no way to expedite the process unless you meet the emergency or humanitarian criteria outlined by USCIS.

I’m turning 21 soon. Will I age out of being eligible for a green card if my parents’ petition is still pending?

The good news is that the Child Status Protection Act protects unmarried children under 21 from “aging out” of eligibility for a green card if their parents filed a petition before they turned 21. However, it’s important to understand the specific requirements and consult an attorney if your situation is complex.

Can I travel outside the U.S. with my green card?

Yes, you can travel outside the U.S. with your green card. But if you will be outside the U.S. for more than a year, you should file for a re-entry permit using Form I-131. Also, if you have any criminal convictions after you became a permanent resident, consult with an immigration attorney before leaving the U.S. In some cases, immigrants with criminal convictions are detained and placed in removal proceedings by US Customs & Border Protection upon return to the U.S.

What are the security features of the green card?

Modern green cards have advanced security features such as improved tactile printing, enhanced optically variable ink, highly secure holograms, and more complex design elements to prevent counterfeiting and tampering.

Can I laminate my green card?

While laminating a green card may protect it, USCIS advises against it as it can be considered tampering. Instead, use a protective sleeve.

How do I check the status of my green card application?

You can check the status online using the USCIS case status tool or by calling the U.S. Citizenship and Immigration Services Contact Center.

What if my green card expires while I’m outside the U.S.?

If your green card expires while you are outside the U.S., you may not be able to re-enter. Renew before you travel or contact a U.S. embassy or consulate if it has expired.

Can I use my green card for identification in the U.S.?

Yes, a green card can be used as identification for many purposes including employment verification and access to services.

: Do I need to renew my green card if I apply for citizenship?

If you are eligible for citizenship and apply for U.S. citizenship, you don’t need to renew your green card. But it’s recommended to keep a valid green card until you become a U.S. citizen.

Get Your Green Card Lawyer: Herman Legal Group

For over 29 years, Herman Legal Group has been fighting for immigrants worldwide. Whether you’re a foreign national seeking a green card or a permanent resident looking to bring certain family members to the U.S., we’ll listen to your situation and explain your options in plain English.

We know the immigration process inside and out and can help you avoid headaches and expenses.

We get results for our immigrant clients.