First Consulting Group - Immigration Law Firm

U.S. Green Card

A U.S. Green Card not only opens the door to living and working in the United States and sponsoring certain family members, but it also represents the beginning of a stable, long-term life in the country. To ensure a smooth immigration journey, individuals who plan to immigrate or have recently arrived in the U.S. should clearly understand the rights and responsibilities associated with permanent residency. In this article, First Consulting Group provides an overview of the key benefits and obligations of lawful permanent residents, helping readers feel more confident as they integrate and build a new life in the United States.

What Is a U.S. Green Card? Green Card Requirements Explained by First Consulting Group

A U.S. Permanent Resident Card (Green Card) is a document that confirms lawful permanent resident status, allowing foreign nationals to live, work, and reside long-term in the United States.

How long is a Green Card valid? When is renewal or removal of conditions required?

A 2-year conditional Green Card is issued to immigrants through marriage or the EB-5 investment program. This type of card requires the holder to remove the conditions before it expires in order to maintain permanent resident status. The removal of conditions helps verify the legitimacy of the marriage or ensure that the investment meets immigration requirements.

A 10-year Green Card is issued to permanent residents who are no longer subject to conditions, meaning the U.S. Citizenship and Immigration Services (USCIS) has completed its review and approved the legitimacy of the marriage or the investment previously made. Permanent residents with this card do not need to file a petition to remove conditions; they only need to renew the card when it is close to expiration, while their permanent resident status remains valid as long as they comply with immigration regulations.

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Residency Requirements

Whether it is a 2-year or 10-year Green Card, the holder is still considered a lawful permanent resident of the United States. The difference lies in the validity period and the requirements to maintain permanent resident status. Holders of a 2-year conditional Green Card are often reviewed more carefully because of the attached conditions. Staying outside the United States for too long or failing to demonstrate the intent to maintain residency may affect permanent resident status, regardless of the type of card held.

How Can You Obtain a Green Card in the United States?

The United States offers several immigration pathways, including family-based, employment-based, investment-based, and special immigrant categories.

Family-Sponsored Immigration

Immediate relatives of U.S. citizens (Immediate Relatives – IR) are not subject to annual visa limits, and processing times are typically faster.

  • Spouse of a U.S. citizen
  • Unmarried children under 21 of a U.S. citizen
  • Parents of a U.S. citizen (the petitioner must be at least 21 years old)

Family Preference categories:

  • F1: Unmarried children over 21 of U.S. citizens
  • F2A: Spouses and unmarried children under 21 of lawful permanent residents
  • F2B: Unmarried children over 21 of lawful permanent residents
  • F3: Married children of U.S. citizens
  • F4: Siblings of U.S. citizens

Employment-Based Green Card

  • EB-1: Individuals with extraordinary ability, outstanding professors/researchers, multinational managers or executives.
  • EB-2: Individuals with advanced degrees or exceptional ability, including the National Interest Waiver (NIW).
  • EB-3: Professionals, skilled workers, and unskilled workers.
  • EB-4: Special immigrants (such as religious workers, etc.).
  • EB-5: Investors.

EB-5 Investment Program

  • Minimum investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other areas. Investment thresholds may be adjusted every 5 years for inflation under the EB-5 Reform and Integrity Act of 2022.
  • Create at least 10 full-time jobs for U.S. workers.
  • Provide evidence that the investment capital comes from lawful and legitimate sources.

Other Special Immigration Categories

  • Refugee or asylum status.
  • Diversity Visa Program (DV Lottery).
  • Special immigrants such as religious workers, military translators, etc.
  • Victims of domestic violence.

Eligibility Requirements for a U.S. Green Card

All applicants for permanent residence must not fall under the inadmissibility grounds outlined in U.S. immigration law (INA §212), including immigration fraud, serious immigration violations, criminal records, security risks, health-related concerns, or the likelihood of becoming a public charge.

Rights and Responsibilities of Green Card Holders

What rights do U.S. Green Card holders have?

  • Live and work legally anywhere in the United States.
  • Freely choose employment (except for certain positions that require U.S. citizenship).
  • Buy and sell real estate or start a business.
  • Access most social benefits after 5 years of permanent residence.
  • Sponsor a spouse and unmarried children under 21 or unmarried children over 21.
  • Apply for U.S. citizenship after 5 years, or after 3 years if married to a U.S. citizen.

Responsibilities of Lawful Permanent Residents

  • Report and pay taxes on worldwide income.
  • Male residents must register for Selective Service (military registration) within 30 days of turning 18 and before the age of 26.
  • Notify USCIS of any address change within 10 days.
  • Maintain actual residence in the United States.
  • Comply with federal and state laws.
  • Carry the Green Card while inside the United States.

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Actions That May Affect Permanent Resident Status

A Green Card may be revoked, or the holder may be placed in removal proceedings, in the following situations:

  • Voluntary abandonment of permanent resident status.
  • Immigration fraud: providing false information, submitting dishonest documentation, or entering into a sham marriage.
  • CIMT (Crimes Involving Moral Turpitude) is a concept in U.S. immigration law referring to offenses involving fraud, serious violence, or violations of accepted moral standards. Crimes such as intentional theft, financial fraud, domestic violence, or violating court orders may be considered CIMT and can negatively affect an immigration case.
  • Tax violations: failing to report global income, falsely claiming non-resident tax status, or having serious tax debt.
  • Extended absence from the United States: staying outside the U.S. for more than one year without a Re-entry Permit or a valid reason.
  • Being subject to deportation or inadmissibility under U.S. immigration law.

The team at First Consulting Group also notes that maintaining continuous residence is a key factor when USCIS determines whether someone has abandoned their Green Card. Many people believe that returning to the U.S. once a year is sufficient. In reality, USCIS evaluates the total length of absence, the purpose of travel abroad, as well as ties such as employment, family, and assets to determine whether the person truly intends to maintain permanent residence in the United States.

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During the immigration application process, immigration authorities focus on evaluating the honesty and consistency of the application from the moment it is submitted. Providing accurate information helps the agency clearly understand the applicant’s circumstances and forms the foundation for the entire review process that follows.

Immigration attorneys recommend that individuals who are preparing for, or currently going through, the Green Card process pay attention to the following:

  • Provide truthful, complete, and consistent information regarding personal background, marriage, employment, taxes, and residence history.
  • Avoid mistakes or conflicting information, as even small details can affect the credibility of the application.
  • Proactively consult with an immigration attorney before submitting the application or whenever there are changes related to marriage, employment, finances, or travel history.

After arriving in the United States and receiving a Green Card, individuals must comply with all legal and residency regulations. Doing so helps maintain stable permanent resident status and creates favorable conditions for future naturalization. Some everyday actions, even if the damage appears minor, may still be evaluated differently under U.S. law and could affect permanent resident status.

What Should You Do If You Lose Your Permanent Resident Card?

If the Card Is Lost While You Are in the United States

If your Green Card is lost or stolen while you are in the United States, you must file Form I-90 with USCIS to request a replacement.

While waiting for the new card, if you need proof of your permanent resident status for employment, document renewal, or international travel, you may schedule an appointment at a USCIS office to obtain an ADIT stamp (I-551 stamp) in your passport. This stamp has the same legal validity as a Green Card for the period indicated on it.

If the Card Is Lost While You Are in Vietnam

If your Green Card is lost while you are in Vietnam, you will not be able to board a flight back to the United States. In this situation, you must file Form I-131A at the U.S. Embassy or Consulate to apply for a temporary travel document called a Boarding Foil.

A consular officer will interview you and review your documents to confirm that you are still a lawful permanent resident of the United States. If approved, the Boarding Foil will allow you to enter the United States one time so you can continue the process of applying for a replacement Green Card.

Important Notes When Applying for a Boarding Foil

The Boarding Foil is valid for a single entry and usually remains valid for about 30 days. You may not need a Boarding Foil if you have one of the following valid documents:

  • A Green Card that has expired but is accompanied by the I-797 extension notice
  • A valid Re-entry Permit
  • A valid ADIT (I-551) stamp
  • A permanent resident admission stamp placed on your immigrant visa when you entered the United States within the past year

However, in practice, some airlines may still refuse boarding even if you have the documents above. In such cases, you may still be required to apply for Form I-131A to obtain a Boarding Foil before you are allowed to fly.

First Consulting Group, with its experienced immigration attorneys, supports clients throughout the process of preparing and completing Green Card applications. We provide tailored solutions for each case, from selecting the appropriate immigration pathway to addressing delays and maintaining lawful permanent resident status. If you need an evaluation of your case or guidance on effective solutions, please contact us for assistance from experienced immigration professionals.

FOR A FREE CONSULTATION, PLEASE CONTACT:

– Garden Grove Office: (877) 348-7869
– San Jose Office: (408) 998-5555
– Houston Office: (832) 353-3535
– Vietnam Office: (028) 3516-2118

The information in this article is for reference purposes only and does not constitute legal advice. The information is accurate at the time of publication. For detailed consultation, please contact First Consulting Group for further assistance.

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