How a non-citizen becomes a lawful permanent resident of the United States: the family, employment and other routes, the petition and the application, and why the order of the steps matters.
Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.
A green card is the document that proves lawful permanent resident status: the right to live and work in the United States indefinitely, travel and return, and later apply to become a citizen. Almost every route has two stages. First someone files a petition that establishes the basis: a U.S. citizen or permanent resident relative files Form I-130, or an employer files Form I-140, usually after the Department of Labor certifies that no qualified U.S. worker is available for the job. Second, the person applies for the green card itself, either by adjustment of status on Form I-485 if they are already in the United States and eligible to adjust, or by consular processing at a U.S. consulate abroad.
How long the wait is depends on the category. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens who are at least 21) are not subject to annual numerical limits. Other family members and most employment categories are, and each country and category has its own queue, published monthly in the State Department's Visa Bulletin by priority date. Smaller routes include the diversity visa lottery, asylee and refugee adjustment, and special categories for particular groups.
Eligibility to adjust inside the United States is where most cases are won or lost. A person who entered without inspection, or who worked without authorization or fell out of status, may be barred from adjusting and may trigger a bar on returning for years if they leave to process abroad, unless a waiver is approved first. The sponsoring relative usually signs an enforceable affidavit of support, and the applicant must not be found likely to become a public charge. A green card based on a recent marriage is issued as conditional residence, and the couple must apply together to remove the conditions before it expires. Permanent residence can be lost by long absences that show the person abandoned it, or by a conviction that makes them deportable; see removal defense.
See an immigration lawyer before anything is filed if you entered without inspection, have ever been out of status or worked without permission, have any arrest or conviction, or were ever in removal proceedings; an application filed in the wrong order, or a trip abroad at the wrong time, can trigger a bar that a lawyer would have seen coming. Use only a licensed attorney or a Department of Justice accredited representative; "notarios" and immigration consultants cannot give legal advice and have cost people their cases. Nonprofit organizations and law school clinics help many family-based applicants at low or no cost.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
Choose your state to see Immigration law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Business Law” has no Immigration listing yet and opens the broader page.
Entries on the same subject:
Other entries in the same area of law, each written from the same primary sources.