United States Permanent Resident Card

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A United States Permanent Resident Card, also known popularly as Green Card, is an identification card for a permanent resident of the United States of America who does not have U.S. citizenship. It is proof that the holder has permission to permanently reside and take employment in the U.S. Its former official title was Alien Registration Receipt Card, and it is now officially called a Permanent Resident Card, also referred to as form I-551.

The name "green card" comes from the fact that the cards were originally green. Their color has changed over the years, but the term "green card" has remained in use. As of 2005, the card is mostly white and the only prominent green feature is the lettering on the back of the card. A card includes the holder's name and photograph, and other information, and has been updated over the years with numerous anti-counterfeiting devices.

The card must be in the possession of the U.S. permanent resident at all times. This means the U.S. permanent resident must have a currently valid card on their person at all times, to show to an USCIS officer, if requested. One interesting aspect of American law is that permanent residents are required to carry identification cards, but citizens are not. This is simply a consequence of the fact that citizens are, of course, entitled to more constitutional rights than permanent residents, who are still classified as aliens. Before Sep 11, 2001, while status was checked when one was returning from foreign travel, the requirement to carry the green card was practically never enforced when the resident was simply residing or traveling domestically. After Sep 11, 2001, it does happen that officials from the US Department of Homeland Security randomly asks people if they are US citizens or not and in the latter case then require to see the Permanent Resident Card or other proof of legal status.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has been absorbed into and replaced by the new U.S. Citizenship and Immigration Services (USCIS), formerly the Bureau of Citizenship and Immigration Services (BCIS) in the Department of Homeland Security.

It is possible that an alien wants to work while the application for a green card is pending. Employment Authorization Document(EAD) is needed in this case.

Contents

Application process

An immigrant usually has to go through a three-step process to get the green card, which entitles him/her to live and work permanently in the United States. The whole process may take several years depending the type of application and the country of origin.

In the first step, USCIS approves the immigrant petition by a qualifying relative, an employer, or in rare cases such as with an investor visa even the applicant.

Second, unless the applicant is an "immediate relative", an immigrant visa number through the State Department must be available. This number might not be immediately available even if the USCIS approves the petition because the amount of immigrant visa numbers is limited every year. There are also certain additional limitations by country. Thus, most immigrants will be placed on lengthy waiting lists. Those immigrants who are immediate relatives are not subjected to the limited quotas of immigrant visas and may proceed to the next step immediately. Immediate relatives are defined as spouses and children under 21 of U.S. citizens, and parents of a U.S. citizen who is 21 or over.

Finally, when an immigrant visa number is available, the applicant must apply with USCIS to adjust their current status to a permanent resident status. If the applicant is outside the U.S., he/she has to apply for an immigrant visa at the their local U.S. consulate or if there is no consulate, in the nearest country, before being allowed to come to the U.S.

Green Card Holders and Nuclear Families

Legal Permanent Residents who have opted to get married to foreigners are unable to be united with their spouses and young families. The foreign spouse of a US Green Card holder must wait for approval of an 'immigrant visa' from the State Department before entering the US. Due to a backlog in processing, such visas can take a upwards of five years to be approved. In the interim, the spouse cannot enter the US on any other visas, or as visitors. LPRs are in a uniquely disadvantaged situation:

  • Visitors and non-immigrants coming to the US on temporary visas for work, business or studies (including on H1, L1, B, and F1 visas) can sponsor their dependent spouses to travel along with them.
  • American Citizens can sponsor their spouses to come to the US in non-immigrant status and then convert to an immigrant status under the Legal Immigration and Family Equity Act (the "LIFE Act")

The issue of Lawful Permanent Residents torn from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the Legal Immigration Family Equity Act of 2000 (the LIFE Act) by the introduction of a 'V Visa,' signed into law by President Bush. Unfortunately, it effectively expired and is no longer available.

HR1823 and HR4448 are currently in the US congress remain unnoticed by most lawmakers. The proposal for reviving the visa is based on something that has little controversy - family unity - but passing a bill into law is not a small matter.

See also

External links

U.S. Government sites

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