Green CardWe have all heard of the Green Card, but do you know exactly what it is? It is a precious sesame: a permanent resident card that allows you to move and work freely in the United States, without having to apply for a visa. This card gives you the same rights as a US citizen, except the right to vote
What is the Green Card?
The Green Card is nothing more than a permanent resident card in the United States. This is an identification document for non-US citizens, issued by the US Department of State. The Green Card gives you the same rights and duties as an American citizen and makes your life as an expatriate in the United States easier . As a US citizen, you are required to obey the law and pay your taxes. However, there are privileges that are reserved for US citizens only, such as the right to vote or the ability to serve on a jury. Likewise, unlike nationals who are not required to carry an identity document with them, your permanent resident card must not leave you in order to be able to show it at any time in the event of an identity check.
The Green Card gives you the right to stay and exercise a professional activity or study in the United States, but not only! Thanks to your permanent resident card, it will be easier for you to apply for university scholarships for your children. Even if you don't get a scholarship, your permanent resident status means you benefit from much lower university tuition fees. The Green Card also gives you the right to loans at a preferential rate. This permanent resident card is also the key to obtaining American citizenship. Indeed, after 5 years of holding the Green Card, you can start the process to apply for a nationality. This period can be reduced to 3 years in certain cases.
Having the green card offers many advantages for those who wish to travel and live in the United States, but it also presents some constraints that must be taken into consideration. As a permanent resident of the United States, you are required to pay your taxes in the United States. So, like US citizens, you must pay federal taxes, state and city taxes where you reside, as well as local taxes. You are also required to report all of your income in the United States. In other words, this means that you have to report the capital gains you earn from both your US and foreign investments for income tax purposes. Young men between the ages of 18 and 26 who hold the Green Card are also required to register for military service.
How to get the Green Card?
You will understand, the Green Card is the royal way to live in the United States and then be able to claim American nationality. So how do you get this famous Green Card?
The wedding
The easiest way to get the Green Card is to marry a US citizen. To limit sham marriages, the authorities issue a temporary green card for the first two years of marriage, then a permanent permanent resident card once this deadline has passed. It is not granted automatically either. The spouses go through an interview with an immigration officer who will be in charge of assessing the legitimacy of the marriage. After the two-year “trial period,” the immigration service sends the couple a form to fill out to check if the couple is still married. If this is the case, the definitive Green Card is granted to the foreign spouse. The validity of this is 10 years.
It should be noted that the formalities relating to the application for a permanent resident card must be carried out by the American citizen. The procedure to follow is not the same depending on whether the husband or wife is already in the United States or abroad.
If the spouse is already in the United States , the American citizen spouse must apply for a green card at the same time as the application for a work permit. This work permit allows the spouse to exercise a professional activity and move around the United States while waiting to obtain the permanent resident card. Generally speaking, this work permit is issued 90 days after the application.
If the spouse is still abroad , the US spouse is required to apply for a K-3 visa at the same time as the Green Card application. This special visa allows the husband to stay and work in the United States while waiting to obtain his permanent resident card. The duration of this visa is 2 years renewable until obtaining the Green Card.
Sponsorship of a family member
You don't have to wear the ring to get the Green Card! The other alternative to getting the green card is sponsorship by a family member who is already a US citizen or green card holder. A US citizen over the age of 21 has the option to initiate a green card application for a family member. The procedure is more or less long depending on the family relationship between the American citizen and the person who wishes to become a permanent resident of the United States.
In LUSA familyIn the event of a request for an immediate parent (spouse, fiancé, parents, minor children under 21, but also parents-in-law), the green card is immediately available upon approval of the request. .
If the request concerns a distant relative (unmarried children over the age of 21, his or her married son or daughter or even his brother or sister), the procedure may take some time. Indeed, for so-called distant relatives, the issuance of the Green Card is subject to annual quotas, hence the postponement of processing of files which can go up to 4 years.
The U.S. citizen or permanent resident sponsoring the Green Card application must file an immigration application with the USCIS Service Center (the Immigration and Naturalization Department) that has legal jurisdiction for their place of residence. To do this simply fill out Form I-130 and send it back to USCIS.
Employer sponsorship
Work is one of the keys to success in the United States, and this is also confirmed for the Green Card. In fact, it is possible that your green card application is sponsored by an employer. In this case, proof must be provided that the candidate is the only one qualified for the position stipulated by the job offer and that his recruitment will not have a negative impact on the American labor market. For this, a verification called Labor Certification is carried out by the Department of Labor via the PERM procedure or procedure of labor certification.
Once this certification is obtained, the employer begins the Green Card application procedures. To do this, he fills out the I-129 form and attaches all the parts and documents necessary for a request for a Green Card and presents the file to the USCIS which studies it. If the file is approved, the USCIS issues the employer with Form I-797, which certifies that the request is granted. It only remains for the candidate to adjust his situation, if he is already in the United States, or to start an immigration visa application, if he is still abroad. Once this request is validated, he becomes a permanent resident of the United States.
The lottery
Certainly the least complicated solution, but also the most uncertain! Each year, the United States issues nearly 55,000 green cards through a raffle. This lottery is free and open to all citizens around the world. However, each year there may be a restriction for certain countries which, in the previous draw, saw a significant number of their nationals obtain the Green Card. This is done with the aim of better preserving cultural diversity.
To take part in this lottery, simply go to the official website and fill out the registration form. Be careful, you should be wary of unofficial sites that offer to take charge of the registration for the draw for remuneration. These steps can be scams, especially if financial compensation is sought in return.
There is no limit for participation in this lottery. However, there are two conditions to be fulfilled: the fact of being born in a country which appears on the list of nationalities which can participate in the lottery and to have an educational level equivalent to a diploma of end of secondary studies at least or to have at least two years of professional experience during the last five years.
Registration for this lottery is open between October and November of each year, and the results of the draw are published from May. It should be noted that candidates who have won this lottery will not be informed. It will be up to the participants to check for themselves on the site whether they are among the lucky winners or not. It should be noted that the fact of winning the lottery does not immediately give the right to a green card , because the application must then be approved by American immigration and pay a $ 330 application fee as well as costs related to the translation of documents or the medical examination requested by the government.
Investment in the United States
invest dollarEvery year, the United States reserves 10,000 EB-5 visas for entrepreneurs who invest and create jobs on American soil. To obtain this visa, the investor must inject $ 500,000 into a regional center, for a fixed period, and commit to creating at least 10 full-time jobs for Americans. To avoid money laundering, the entrepreneur must provide proof that the money for his investment comes from a legal transaction. He must also present his tax statements for the last five years.
The EB-5 visa provides the investor with a conditional green card valid for two years. 90 days before the expiration of this period, he must submit the I-829 request to USCIS in order to establish proof that 10 new jobs were actually created with his investment. The permanent green card will be granted after validation from USCIS. It should be noted that the investor's spouse and minor children under the age of 21 also obtain their green card.
Refugee or asylum seeker status
Asylum seekers are not required to apply for a Green Card. On the other hand, foreigners who come to the United States as refugees are required by law to begin the process of obtaining permanent resident status, one year after entering the United States. To apply for a Green Card as a refugee, you must complete Form I-485 . It should be noted that if your application is accepted, the date of your entry as a refugee in the United States will be retained as the beginning of the validity of your status as a permanent resident.
The extraordinary talent
In the United States anything is possible, and the American Dream can be within your reach if you can show that you are extraordinary!
If you have exceptional talent in the field of art, education, business, sport or even science , you can apply for an EB-1 visa to obtain a card. permanent resident in the United States. This exceptional character is determined by the national and international recognition of the talent of the applicant. The procedures are the same as for applying for a green card through employment, with the only difference that these people do not need a Labor Certification.
Other cases
In general, the EB-1 visa is also open to high-level professors and researchers who have teaching or research experience of at least three years and a job offer within an institute of research or university. The managers of multinational companies which have had their subsidiary established on American soil for more than a year can also apply for an immigrant visa in order to obtain a green card. The procedure takes at most a year. It should be noted that to be able to claim the green card, the candidate must be an employee of the foreign company for at least one year during the last three years of his transfer to the USA. There must also be a parentage link between the American company and the foreign company.
How to keep the Green Card?
That's it, you have finally obtained the precious Green Card! Be careful though, it is as easy to lose and difficult to obtain! Indeed, it is possible to lose your green card and permanent resident status in the United States. One of the main reasons for this loss is the non-declaration of his tax during a stay abroad or the fact of declaring himself as a non-resident on his tax form. A prolonged stay abroad can also result in the loss of the Green Card since the immigration officer can interpret it as an abandonment of the green card.
If you have to stay abroad for more than six months and you do not wish to lose your permanent resident status, you will have to prove that you have not renounced it. To do this, always take care to complete your tax sheet as a US resident and keep an address in the United States. Also, be sure to keep your US driver's license as well as a US bank account and credit card.
If you must be away for more than a year, take care to apply for a re-entry permit or re-entry permit before leaving American soil. It is a kind of booklet similar to a passport and valid for two years from the date of issue. This gives you the assurance of being able to return to the United States without difficulty and keep your permanent resident title.
The Green Card offers its holder the opportunity to stay freely in the United States. There are different ways to get it, but you also need to know how to keep it once it is issued. If you wish to obtain useful and practical information for your future stay on American soil, discover the advice of ACS . Also remember to take out expatriation insurance compliant with Obamacare , to live your American experience with peace of mind.
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