US Green Card Conditions updated 2024: Detailed Instructions

Owning a green card is also very diverse, from sponsoring family members. Or through employment pathways or programs for refugees and migrants. Each form has its own requirements and processes, requiring careful preparation and regular updating of the latest regulations. Join ABA VISA to learn about the Conditions for Issuing a US Green Card through this article!

What is a US green card?

The US Green Card (Green card) is a permanent residence card that allows foreigners to live and work in the US without a work permit. Green card holders also have the opportunity to become American citizens. Identification "US Green Card" is a plastic card similar in size to a credit card, green in color. This card contains identifying information including the owner's name, photo, and social security number.

What are the conditions for issuing a US Green Card? Who is granted a green card?

There are many paths to achieving a US green card, but applicants need to know which program they are suitable for? Below are some specific programs:

Conditions for issuing a US Green Card for each category Family guarantee

This is one of the most popular and least expensive ways to get a green card. This category is for family members of people who have US citizenship or are legal permanent residents (green card holders) in the US. These people can sponsor immediate relatives their spouses, children, parents, and siblings come to America to live.

Note: this aspect Cannot sponsor relatives. The sponsored person must go through the review process of US immigration authorities. If qualified, you will be able to come to the US and own a green card.

If you are interested in this area, please refer to the specific articles below:

SEE MORE: PARENTS WITH US NATIONALITY SPONSORING SINGLE CHILDREN FOR F1

SEE MORE: SPONSORSHIP FOR US IMMIGRATION AS CR1

SEE MORE: SPONSORSHIP FOR US IMMIGRATION F2A

Conditions for issuance of US Green Cards for workers

The labor program was established through the U.S. Immigration and Nationality Act (INA) was updated in 1990. This amendment expanded and reclassified employment-based immigration categories to include specific categories such as: EB1, EB2, and EB3.

The EB3 category in particular is designed to serve the needs of US employers who want to sponsor individuals with special skills or workers who do not require highly specialized skills.

Workers are granted green cards if there is an employer in the US willing to sponsor them through a specific job. At the same time, they must also go through the approval process of the Immigration Department and Consulate before coming to the US to work and receive a green card. In addition, employers in the US must also fully meet recruitment criteria from the US Department of Labor.

If you are interested in this area, please refer to the specific articles below:

See more: EB3 Visa for US Settlement under Work Class

Conditions for Issuing a US Green Card for dinvestment

The US Investor Program, also known as the EB5 Visa, was established in 1990 through the Immigration Act of 1990. The main purpose of this visa program is to encourage foreign investment in the US economy. US economy.

Investors must invest a minimum of $1.8 million, or $900,000 in Targeted Investment Areas (TEAs), and create at least 10 full-time jobs for U.S. citizens or permanent residents.

Conditions for Issuing a US Green Card for drefugee or humanitarian aid

People fleeing violence, war, or persecution in their home country can apply for a green card under asylum or asylum status if they have been accepted as refugees into the United States.

Conditions for Issuing a US Green Card for category xGreen card lottery (Diversity Visa Program)

US green card lottery program (Green Card Lottery), Also known as the Diversity Visa Program (Electronic Diversity Visa Program). Operated by the US government through the Immigration Act of 1990. This program annually provides a number of green cards to citizens of countries with low immigration rates to the US.

What types of US green cards are there?

US green cards are classified into two main types based on duration: Conditional green card for 2 years and Unconditional green card for 10 years. Here are the basic differences between these two types:

About deadlines

2-year green card: A conditional green card, usually issued to immigrants through marriage to a US citizen (class CR1) or investment status EB5, when the relationship or investment is less than two years old at the time of card issuance.

10-year green card: It is a green card without conditions, issued to people who have proven the stability and longevity of the relationship. IR1, F2A,IR5, F1 (First Preference), F2B, F4..). Or have completed the investment requirements, as well as for those immigrating through other categories such as labor EB3…

Request removal of condition

2-year green card: The current holder of this card must file an I-751 (for marriage) or I-829 (for an investor) petition to remove conditions 90 days before the card expires. This requires them to prove that the marriage or investment is still legal and genuine.
10-year green card: No request to remove the condition. Holders can renew their green card or apply for citizenship once eligible.

Purpose of issuing green card

2-year green card: Aims to monitor and verify the authenticity of new investment relationships or projects in the early stages.
10-year green card: Offers long-term permanent residency to those who have proven their relationship, employment or investment is long-term and stable.

US green card issuance process

The green card (permanent residency) process for foreigners in the US can vary depending on the individual's specific circumstances and the category for which they are applying. However, the general process usually includes the following steps:

Step 1: Determine your settlement status

You need to determine which category you will apply for a green card: through family sponsorship, EB1, EB2, EB3 employment..., EB5 investment stream, refugee stream or diversity stream.

Step 2: Apply for a green card

• Through family: The sponsor (a US citizen or legal permanent resident) will submit form I-130 (Petition for Alien Relative).
• Through work: Employers must submit form I-140 (Immigrant Petition for Alien Worker). File a DS-260 (for applicants from outside the US) or adjustment of status (I-485, for those already in the US).
• Investment area: Submit form I-526 (Immigrant Petition by Alien Investor).
• Asylum or protection status: Submit Form I-730 after being recognized as a refugee or granted protection.
• Diverse appearance: Apply for the Diversity Visa program if eligible.

Step 3: Wait for the application to be processed 

USCIS will review your application. Processing time can range from several months to several years depending on immigration status and USCIS employment status.

Step 4: Interview and medical examination

• Interview: You will be asked to attend an interview at a USCIS office or US Consulate/Embassy if you are abroad.
• Medical examination: You must undergo a medical examination performed by a USCIS approved physician.

Step 5: Wait for decision

After reviewing the application and interview, USCIS will make a final decision. If your application is approved, you will be issued a Green Card.

Step 6: Get Green Card

After approval. Your Green Card will be sent to your address within the US or you will receive a visa to enter the US and then receive a Green Card.

Note:

• Processing times and specific requirements may vary depending on current regulations and the political and economic situation.
• In some cases, additional documents or information may be required.
• Depending on each specific case, you may need advice from a consultant or lawyer specializing in immigration to ensure compliance with the correct process and optimize your chances of success. Please contact ABA VISA & LAW SERVICES via Hotline: 0938165817 or (Zalo/WhatsApp)

How much does it cost to apply for a US green card?

The cost of receiving a US green card can vary depending on the immigration status you choose and whether you need to hire a specialist, consultant or lawyer. Here are some of the main fees you can expect to pay:

Application fee: Each type of application (I-130, I-140, I-485,...) has a separate fee, and this fee may change depending on the policy of the United States Citizenship and Immigration Services (USCIS).

Biometric fees: This is the fee for processing biometric data such as fingerprints and photos, required when applying for a green card.

Medical examination costs: This fee must be paid to a physician designated by USCIS to perform the necessary medical examination.

Service costs (if used): Hiring an immigration attorney to help with this process can significantly increase the overall cost, but can also help optimize the chances of success and minimize the risk of application rejection.

These costs can change based on many factors, including changes in regulations and fees set by USCIS. To learn about support fees, please contact us via Hotline: 0938165817 or (Zalo/WhatsApp).

What benefits does a US green card give you?

The US green card brings many important benefits to the holder, including:

Right to permanent residence: Green card holders can live and work permanently in the United States without needing to renew their visa.

Right to work: You can work at any business in the US without a work permit (except for certain jobs that require US citizenship such as those related to national security).

Right to sponsor family members: A green card allows you to sponsor certain family members (like your spouse and unmarried children) so they can also receive a green card.

Liberty: You can leave the US and return without applying for an entry visa. However, a green card is not a passport; You still need your country of origin's passport for international travel. And always check visa requirements with the consulate or embassy of the country you plan to visit before going. A US green card does not guarantee visa exemption. 

Even if you have a green card, your right to enter any country depends on the decision of that country's border authorities and visa requirements also depend on your nationality of origin. If you need to check which countries your US green card gives priority to without a visa, please contact us via Hotline: 0938165817 or (Zalo/WhatsApp) for advice and support.

Right to education: Green card holders have access to public schools and educational programs, as well as are eligible for the same tuition as residents at public universities.

Right to social benefits: Includes benefiting from social security programs such as Social Security, Medicare, and other support services when meeting residency and contribution requirements.

Right to apply for naturalization: After a certain period of time, usually 5 years of continuous living in the US, green card holders can apply for US citizenship, allowing them to become US citizens and enjoy all the benefits that the law requires. This brings, including the right to vote.

These benefits help green card holders lead a stable life and actively participate in American society and economy, as well as expand opportunities for personal and professional development in the future.

Can green cards be renewed? Instructions on how to renew a US green card

Case 1: The 2-year US green card is not “renewed” in the traditional sense, but instead, the holder must apply to remove the conditions on the green card to convert it to a 10-year green card.

To do this, conditional green card holders need to file Form I-751 (Petition to Remove Conditions on Residence) for cases sponsored through marriage, or Form I-829 (Petition by Entrepreneur to Remove Conditions). for EB-5 investors. Below is the process to remove conditions on a green card:

Step 1: Prepare documents

• For marriage: Prepare documents to prove that the marriage is genuine, including a joint lease, joint bank accounts, utility bills, proof of joint trips, family photos, children's birth certificates ( if any), and other documents proving the relationship.
• For investors: Prepare documents proving that the investment complies with the conditions of the EB-5 Visa and has created at least 10 jobs for US citizens or permanent residents.

Step 2: Fill out and submit the application

• Fill out Form I-751 or I-829 and submit it to USCIS, along with supporting documents.
• Pay the required fee for processing the application.

Step 3: Confirm and get biometrics

• After submitting your application, you will receive a notification from USCIS to confirm receipt of the application and schedule an appointment for fingerprinting and other biometrics information.

Step 4: Interview (if necessary)

• USCIS may request an interview to verify the information and documents submitted. This depends on each specific case.

Step 5: Get results

• After reviewing the application and supporting documents, USCIS will make a decision. If your application is approved, you will receive a 10-year unconditional green card.

The application to remove conditions must be made approximately 90 days before the conditional green card expires. To avoid complications or delays, you should start this process early and if you need assistance please contact ABA VISA & LAW SERVICES.

Case 2: Only 10-year green cards can be renewed, this card holder needs to take the following steps to file I-90, “Application to Replace Permanent Resident Card”. Below are the detailed steps:

Step 1: Prepare necessary documents

You will need your current green card, passport, and other personal documents that may be helpful in the process.

Step 2: Fill out form I-90

• Online: Filing your application online through the United States Citizenship and Immigration Services (USCIS) website is the recommended method because it allows you to track the status of your application more easily.
• By paper: You can also download the form from the USCIS website, print it, fill it out, and mail it.

Step 3: Pay the fee

• When filing I-90, you need to pay the accompanying fee. This fee includes the application processing fee and biometric service fee (if needed). Fees are subject to change, so you should check the USCIS website for the exact fee at the time you apply.

Step 4: Wait for processing and fingerprinting

• After submitting your application, you will receive notification from USCIS regarding fingerprinting and other biometrics information. USCIS will notify you of your appointment.

Step 5: Receive a new green card

• Once the application review process is complete and your application is approved, you will receive your new green card in the mail.

Note

• You should begin the renewal process approximately 6 months before your current green card expires. This ensures you will have a new card before your old one expires and avoids any disruption to your legal status.
• Keep copies of every document you submit and track your application status online if you apply online.

To avoid complications or delays, you should start this process early and if you need assistance please contact ABA VISA & LAW SERVICES.