Green Card

The concept of lawful permanent residency in the United States, colloquially known as holding a "green card," is more than just a piece of plastic; it's a gateway, a declaration of belonging, albeit a conditional one. It signifies that an individual has been granted the privilege to reside permanently within the U.S. borders, a status formally recognized as lawful permanent resident (LPR). As of the current reckoning, an estimated 12.8 million souls inhabit this status, a significant portion of whom, nearly 9 million, are eligible to eventually shed the "LPR" label and embrace full United States citizenship. It’s a curious statistic, isn't it? That so many have the capacity to become citizens, yet remain in this liminal state, this permanent residency. And among these LPRs, a dedicated cohort of approximately 18,700 serve in the U.S. Armed Forces, a testament to their commitment, perhaps even a silent bid for recognition.

The path to citizenship for these LPRs is not a spontaneous combustion of loyalty, but a structured process. They are statutorily entitled to petition for U.S. citizenship, provided they can demonstrate, with a preponderance of the evidence, a continuous residency in the United States for a period of one to five years, and crucially, that they are individuals of good moral character. For those under eighteen, the path is often more direct, a derivation of citizenship through their U.S. citizen parents, a fortunate circumstance that bypasses much of the procedural rigmarole.

The card itself, the object of such desire and deliberation, owes its nickname to a historical quirk of its appearance. For a time, it was, indeed, a rather fetching shade of green. Now, its color is less significant than its function. It was once known by more bureaucratic appellations: "certificate of alien registration," "Resident Alien Card," or an "alien registration receipt card." A simple directive accompanies its possession: it must be carried at all times. A constant reminder, perhaps, of the status granted, and the vigilance required to maintain it.

The custodians of this process, the arbiters of who gains entry and who remains in limbo, are primarily the United States Citizenship and Immigration Services (USCIS). However, the labyrinthine nature of immigration law allows for other avenues. In the grim theater of removal proceedings, an immigration judge or a member of the Board of Immigration Appeals, acting under the imprimatur of the U.S. Attorney General, can bestow permanent residency. Even a federal judge, in their own capacity, can grant this status through an injunction. For those seeking to contribute through their labor, the path is often paved with Form I-140, a declaration of intent for immigrant workers. Though, one must always question the certainty of such pronouncements; the phrase "verification needed" often hangs in the air, a whisper of doubt.

The precariousness of this status becomes starkly apparent when one considers the grounds for becoming "removable." A criminal conviction, particularly one involving a particularly serious crime or an aggravated felony, can swiftly unravel the tapestry of permanent residency. This is especially true if the sentence for such an offense has been completed within the preceding fifteen years. It’s a sobering reminder that the privilege of residency is contingent, a delicate balance maintained through adherence to the law.

History

The evolution of the permanent resident card is a chronicle of bureaucratic shifts and legislative amendments. The Immigration and Naturalization Service, initially a part of the Department of Labor, was relocated to the Department of Justice in 1940, coinciding with the passage of the Nationality Act of 1940. During the 1940s, the precursor to the modern green card was the "Alien Registration Receipt Card." On its reverse, a notation of "Perm.Res" signified permanent resident status, in accordance with the Immigration Act of 1924. This was a time when the very definition of who constituted an "alien" was being solidified. The Immigration and Nationality Act of 1952, a landmark piece of legislation, explicitly defined an "alien" as any person who is not a citizen or national of the United States. A stark dichotomy, indeed.

Illegal Immigration Reform and Immigrant Responsibility Act

The year 1996 marked a significant legislative pivot with the signing of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) by President Clinton. This act, along with its predecessors and successors like the Refugee Act of 1980, has profoundly shaped the landscape of immigration policy and the enforcement of deportation measures. The reverberations of these laws continue to be felt, influencing the lives of millions.

A poignant artifact from this era is a 1976 card issued to John Lennon by the INS, certifying his registration and admission to the United States as an immigrant. It’s a personal touch in a system often perceived as impersonal, a reminder that behind the statutes and regulations are individuals navigating complex legal frameworks.

The path to naturalization for an LPR, while seemingly straightforward, is laden with specific requirements. An LPR can initiate the application for naturalization after five years of continuous residency. This period can be truncated to three years if the LPR is married to a U.S. citizen, or even to one year for those actively serving in the U.S. armed forces. The ability to file up to 90 days before meeting the residency requirement offers a slight temporal advantage, a small concession in the protracted process. Beyond residency, applicants must demonstrate good moral character, conquer an English language and civics test, and exhibit a genuine attachment to the U.S. Constitution. The initiation of a program in 2018 aimed at assisting LPRs in their naturalization preparations suggests a recognition, however grudging, of the challenges they face.

The familial ties of LPRs, while a strong anchor, are also subject to the bureaucratic constraints of annual caps and lengthy backlogs for sponsoring relatives. This creates a palpable sense of waiting, of lives held in abeyance, a common theme in the immigration narrative.

2019 "Public Charge" Restrictions on Awarding Green Cards

The year 2019 ushered in a particularly contentious policy shift with the introduction of "public charge" restrictions by U.S. Citizenship and Immigration Services (USCIS). This rule, slated to take effect in October of that year, targeted poorer immigrants, deeming those who had received public benefits—such as Supplemental Security Income, Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, Medicaid, or public housing assistance for more than twelve months—as potential "public charges," thus ineligible for permanent residency. The policy’s reach extended to scrutinizing an applicant's health, income, wealth, education, and family history, all in an effort to predict future reliance on public assistance. While refugees, asylum seekers, pregnant women, children, and military families were ostensibly excluded, the rule cast a long shadow, potentially impacting half of all Green Card applicants, according to estimates from the Migration Policy Institute.

The rationale, as articulated by then-acting director of USCIS, Kenneth T. Cuccinelli II, was to "protect taxpayers" by ensuring immigrants could "stand on their own two feet." This perspective, however, was met with fierce opposition. The National Immigration Law Center decried the rule's "dire humanitarian impact," predicting it would force families to forgo essential health and nutrition services, with damage felt for decades. Unsurprisingly, legal challenges were mounted to block its implementation.

The Biden administration, upon taking office, pledged to revoke the rule. In February 2021, an executive order directed the U.S. Department of Homeland Security to review the policy. However, the trajectory of immigration policy is often a winding one, and the specter of such restrictions continues to loom. The detention of permanent residents like Mahmoud Khalil, Yunseo Chung, and Mohsen Mahdawi in 2025, related to political activism, further underscores the complex and often fraught relationship between permanent residency and government scrutiny.

Types of Immigration

The acquisition of permanent residency in the United States is not a monolithic process. It unfolds through a variety of avenues, each with its own set of criteria and pathways:

Sponsorship by a family member: This is a cornerstone of U.S. immigration policy, allowing citizens and LPRs to bring their loved ones to the country.
Employment (immigrant workers and investors): For those with specific skills or capital to invest, employment-based visas offer a route to permanent residency.
Special immigrant categories: This includes individuals such as religious workers, who may qualify under specific provisions.
Victims of trafficking and crime: Recognizing the vulnerabilities of certain individuals, specific pathways exist for victims of human trafficking and other crimes.
Victims of abuse: Protection and a path to residency are offered to victims of abuse, particularly within domestic relationships.
Other categories: This broad category encompasses diverse situations, including the much-discussed Diversity Visa program, often referred to as the Green Card Lottery.
Registry: A historical provision, this allows individuals who have continuously resided in the U.S. since before January 1, 1972, to apply for permanent residency, provided they meet other eligibility criteria.

The intricate web of eligibility and quotas dictates the pace at which these pathways can be traversed. Family-sponsored visas, for instance, have varying backlogs, with "immediate relatives" of U.S. citizens enjoying a more streamlined process due to the absence of numerical limits. Employment-based categories, on the other hand, have specific annual quotas, leading to significant waiting periods for many. The Diversity Immigrant Visa, while offering 55,000 visas annually, is subject to country-specific eligibility, a lottery system that can be both a blessing and a source of frustration for those who narrowly miss out. Refugees and asylum seekers, while often prioritized, also navigate a complex system with its own set of requirements and potential delays.

Application Process

The journey to obtaining a green card is a multi-stage endeavor, historically managed by the Immigration and Naturalization Service (INS) and now overseen by the Department of Homeland Security (DHS) and its constituent agencies, primarily USCIS. The entire process can stretch for years, a testament to its complexity and the sheer volume of applications. It typically involves three pivotal steps:

Immigrant Petition: This initial phase involves USCIS approving a petition filed by a qualifying relative, an employer, or in specific cases like investor visas, by the applicant themselves. For siblings seeking to immigrate, the requirement of shared parentage is a fundamental prerequisite. Forms like I-140 for employment-based petitions and I-130 for family-based petitions are the instruments of this stage.
Immigrant Visa Availability: Unless an applicant falls into the category of an "immediate relative," securing an immigrant visa number through the National Visa Center (NVC) of the United States Department of State is the next hurdle. This availability is not guaranteed, as immigrant visa numbers are capped annually by quotas established in the Immigration and Nationality Act (INA). Additional limitations based on the applicant's country of chargeability can further compound the waiting time, often leading to lengthy queues. Immediate relatives, however, bypass this quota system, proceeding directly to the subsequent step.
Immigrant Visa Adjudication: Once an immigrant visa number becomes available, the applicant must either apply with USCIS to adjust their current status to that of a permanent resident while within the United States, or, if outside the U.S., apply for an immigrant visa at the nearest U.S. consulate.

Adjustment of Status (AOS)

For those already within the United States and who entered legally, the Adjustment of status (AOS) process is the favored route. The exception to the rule of maintaining legal status during the application period applies to immediate relatives of U.S. citizens. For others, any lapse in legal status can render the application void. The application for AOS is submitted to USCIS using Form I-485. This process involves rigorous background checks, including fingerprinting for FBI criminal checks, and culminates in a decision by USCIS. Upon approval, the applicant is permitted to remain in the U.S. even if their initial authorized stay has expired. However, departing the country before approval can lead to abandonment of the application, unless a travel document, Form I-131 (Advance Parole), has been secured. The ability to work while awaiting a decision is crucial for many, and Form I-765 provides an Employment Authorization Document (EAD), also known as a work permit, to bridge this gap. Interviews may be required, particularly in marriage-based cases, where both spouses are questioned to ascertain the bona fides of the relationship. Upon approval, the coveted green card is mailed to the applicant's U.S. address.

Consular Processing

When an applicant is outside the United States, or ineligible for AOS, consular processing becomes the necessary path. This still requires the prior approval of the immigrant visa petition. The applicant then schedules an appointment at a U.S. embassy or consulate in their home country, where a consular officer reviews the case. Approval results in the issuance of an immigrant visa, allowing the individual to travel to the U.S. as an immigrant. Upon arrival at a port of entry, they are immediately considered a permanent resident, receive an I-551 stamp in their passport, and the physical green card follows by mail within 120 days.

While the application is pending, particularly after filing Form I-485, two crucial interim permits can be obtained: the Employment Authorization Document (EAD), granting the right to work, and advance parole, allowing for re-entry into the U.S. after travel abroad. These permits offer a degree of autonomy, independent of any prior immigration status, such as an H-1B visa.

Application Process for Family-Sponsored Visa

The intricacies of family-sponsored visas are governed by specific relationships and age criteria. U.S. citizens can sponsor:

Spouses and unmarried children under 21: These are immediate relatives, often processed more swiftly.
Parents: This sponsorship is available only when the U.S. citizen is at least 21 years old.
Unmarried adult children (sons and daughters): Those over 21 years of age fall into this category.
Married sons and daughters: This group faces longer waiting times.
Brothers and sisters: Similar to parents, this sponsorship requires the U.S. citizen to be at least 21 years old.

U.S. nationals and permanent residents have a more limited scope of sponsorship, primarily for:

Spouses and unmarried children under 21.
Unmarried adult children (sons and daughters).

The Department of State's monthly "Visa Bulletin" serves as a critical document, indicating the priority dates for beneficiaries eligible to apply for immigrant status. While immediate relatives of U.S. citizens are exempt from annual quotas and thus bypass waiting periods for visa numbers, other family-based categories are subject to significant backlogs. The process invariably begins with the filing of an I-130 Petition for Alien Relative, available on the USCIS website. Subsequent steps involve furnishing biographic data, undergoing medical examinations, and potentially providing police certificates, depending on whether consular processing or adjustment of status is pursued. Crucially, all petitioners must submit an I-864 Affidavit of Support, a legal commitment to financially support the sponsored immigrant.

Application Process for Illegal Immigrants Through Registry Provision

In a rare exception to the general rule, individuals residing in the United States unlawfully may still be eligible for a green card through the registry provision. This pathway, established in 1929, was intended to address the growing number of undocumented immigrants. To qualify, an individual must have entered the U.S. before a specific "registry date" and maintained continuous residence and good moral character. This registry date has been advanced multiple times throughout history, from its initial setting in 1921 to its most recent iteration on January 1, 1972, as part of the Immigration Reform and Control Act (IRCA) of 1986. This act also introduced penalties for employers knowingly hiring undocumented workers.

The current eligibility requirements for the registry provision are as follows:

Entry prior to January 1, 1972.
Continuous residence in the United States since entry.
Good moral character.
Not ineligible for naturalization.
Not removable under Section 237(a)(4)(B) of the Immigration and Nationality Act (INA), nor inadmissible under Section 212(a)(3)(E) of the INA (which covers criminal activity, procurement, immorality, subversion, narcotics violations, or smuggling).

Despite the significant increase in the immigrant population since the last registry update in 1986, the registry date has not been further advanced, leaving a substantial number of individuals in a precarious legal position.

Green-Card Holders and Families

The ability of green-card holders to sponsor their foreign spouses and minor children is a fundamental aspect of family reunification, though it is not without its bureaucratic hurdles. The foreign spouse must await the approval of an "immigrant visa" from the State Department before entering the U.S. The annual numerical limitations on these visas can translate into waiting periods of months, or even years, during which the spouse cannot legally reside in the U.S. without another means of entry.

The strain of family separation is a recurring theme. The LIFE Act, signed into law by President Clinton, introduced a "V visa" mechanism to facilitate the reunification of families of green-card holders. However, this provision expired on December 31, 2000, and subsequent legislative efforts to reinstate it have thus far proven unsuccessful.

Improving the Application Process in Obtaining a Green Card

The challenges within the green card application process are twofold: the sheer length of the application and approval process and the constraints imposed by quotas. USCIS continually endeavors to streamline the process, aiming to reduce the waiting times for qualified applicants.

Challenges with Processing Time of Application

For immediate family members—spouses, children, and parents of U.S. citizens—the green card process is generally more expedited, often taking between six months to a year for approval. However, for other family members, the timeline can extend to a decade or more. Applications are processed on a first-come, first-served basis, which can lead to significant delays. To mitigate this, USCIS has implemented policies allowing for the concurrent filing of Form I-130 and I-485, thereby shortening the overall processing time. Errors in applications, unfortunately, necessitate their return to the applicant, further exacerbating delays. Nevertheless, the most significant cause of protracted wait times remains not the processing speed, but the congressionally mandated immigrant visa quotas.

Quota System Challenges

The numerical quotas in many immigration categories create substantial backlogs, preventing immigrants from obtaining their visas in a timely manner. Reports from 2006 estimated that around two million people were on waiting lists for legal permanent residency. To alleviate this, Congress would need to amend immigration laws to accommodate the demand.

The number of green cards allocated to family-sponsored applicants is contingent upon their preference category. Immediate relatives are not subject to quotas, ensuring an unlimited number of visas. However, other preference categories have fixed quotas, though the number of visas issued can fluctuate as unused visas from one category may roll over into another.

Application Process for Employment-Based Visa

The employment-based route to a green card is a popular choice, typically requiring an employer to "sponsor" the immigrant, meaning they file a petition with USCIS on behalf of the prospective employee, anticipating a future job offer. While some specialized categories allow self-petitioning, the employer-sponsored path is the most common. The three-step process previously outlined is further detailed here for employment-based applications. Upon completion, the immigrant is expected to accept the offered position, validating their immigrant status, as the entire application hinges on their employment with the sponsoring company in that specific role.

As of the second quarter of Fiscal Year 2025, the average processing time for an employer-sponsored green card has reached approximately 1,256 days, or about 3.5 years. This represents an increase of 18 months since 2016 and marks the longest processing time on record.

Immigrant Petition: This initial step often necessitates a Permanent Labor Certification as a prerequisite, upon which the subsequent petition is based.
Permanent Labor Certification: The employer must rigorously demonstrate a genuine need for the alien worker and prove that no minimally qualified U.S. citizen or LPR is available to fill the position. This involves submitting evidence of advertising the position, specifying skill requirements, verifying the prevailing wage, and confirming the employer's ability to pay the offered salary. This process is now largely managed through an electronic system known as PERM. The filing date of the Permanent Labor Certification application establishes the applicant's priority date. In certain instances, for highly skilled foreign nationals (such as those in EB-1 and EB-2 National Interest Waiver categories, including researchers, athletes, artists, or business executives) and for "Schedule A" occupations like nurses and physical therapists, this labor certification step is waived. This crucial stage is processed by the United States Department of Labor. The Permanent Labor Certification remains valid for six months from its approval date.
Immigrant Petition (Form I-140): Following labor certification, the employer submits Form I-140, Immigrant Petition for Alien Workers, to USCIS. This petition seeks to secure a visa number for the alien. Various employment-based (EB) categories exist, each with escalating requirements but often with shorter waiting times. The EB-3 category is frequently utilized. This stage typically takes up to six months to process, and many EB categories offer expedited processing, known as "premium processing."
Immigrant Visa Availability: Once USCIS approves the immigrant petition, it is forwarded to the NVC for visa allocation. This stage is governed by the priority date concept.
Priority Date: A visa becomes available when the applicant's priority date precedes the cutoff date published in the DOS's Visa Bulletin, or when their assigned immigrant visa category is designated as "current." A "current" designation signifies that visa numbers are readily available for all applicants within that specific category. Petitions with priority dates earlier than the cutoff date are typically assigned available visas, making those applicants eligible for final adjudication. The NVC will tentatively allocate a visa number and notify the applicant of their potential eligibility for adjustment of status, presenting them with the choice between adjusting status within the U.S. or applying through consular processing abroad. The duration of this waiting period dictates when the immigration case can be adjudicated. Due to the stringent quotas on EB visa categories, the number of approved immigrant petitions often exceeds the available visas under the INA, resulting in a significant backlog of approved but unadjudicated cases. Furthermore, inefficiencies within the DOS and USCIS systems can lead to unallocated visas within the annual quota.
Immigrant Visa Adjudication: When the NVC confirms visa availability, the case proceeds to adjudication. Applicants already in the U.S. can choose between adjusting their status domestically or undergoing consular processing abroad. Those outside the U.S. can only pursue consular processing. USCIS prohibits simultaneous pursuit of both AOS and consular processing. Prior to filing Form I-485, a medical examination by a USCIS-approved civil surgeon is mandatory. This examination includes blood tests and specific immunizations, unless documented proof of prior completion is provided. The civil surgeon submits a sealed envelope containing the completed Form I-693, which must accompany the I-485 application.
Adjustment of Status (AOS): After obtaining labor certification and provisional visa number allocation, the final step is to transition to permanent residency. This is achieved by filing Form I-485 with USCIS. If a visa number is available, USCIS permits "concurrent filing," allowing the submission of Forms I-140 and I-485 together, or filing the I-485 even before the I-140 is approved.
Consular Processing: This serves as an alternative to AOS, but still necessitates the completion of the immigrant visa petition. Historically, consular processing was sometimes faster than AOS, particularly to circumvent lengthy backlogs. However, recent USCIS efficiency improvements have made the comparative speed less clear. Consular processing is also perceived as riskier, offering limited recourse for appeal if an application is denied.

Green Card Lottery

The Diversity Immigrant Visa (DV) program, commonly known as the Green Card Lottery, makes available up to 55,000 immigrant visas annually. This program targets individuals from countries with historically low rates of immigration to the United States, defined as those with fewer than 50,000 immigrants in the preceding five years. Eligibility is determined by country of chargeability, not by citizenship. Selection in the lottery grants the opportunity to apply for permanent residence. Winners can also extend this opportunity to their spouses and unmarried children under 21.

Upon receiving permanent residency, the winner and their accompanying family members are issued an immigrant visa in their passports. This visa must be "activated" within six months of issuance, either through entry at a U.S. port of entry or, if already in the U.S., through adjustment of status. The individual then receives a stamp in their passport as proof of lawful admission, authorizing them to live and work permanently in the United States. The physical green card typically arrives by mail within a few months thereafter.

Green Card Lottery Scams

The allure of the green card lottery has unfortunately spawned a burgeoning industry of fraudulent scams. Unscrupulous agents solicit money from applicants, promising to submit their forms, often with false claims of increasing their chances of winning. Many of these agents are not affiliated with any official distribution service and may simply delay or fail to submit applications altogether. Some even promise additional benefits like free airline tickets or future submissions, none of which are guaranteed. Applicants are strongly advised to rely solely on official U.S. government websites, identifiable by the .gov domain extension.

Green Card Lottery E-mail Fraud

Another prevalent form of fraud involves deceptive emails impersonating officials from the State Department or other government agencies. These emails solicit wire transfers or online payments for fictitious "processing fees," aiming to pilfer money from unsuspecting victims. The senders often employ illegitimate email addresses and counterfeit logos to mimic official correspondence. A key indicator of fraud is an email address that does not end in ".gov." A particularly common scam targets potential victims with requests to wire money via Western Union to an individual in the United Kingdom, using addresses associated with the U.S. Embassy in London. USCIS has published warnings about these scams and provides guidance on reporting fraudulent emails. The U.S. government has consistently issued advisories concerning such deceptive practices.

Inadmissibility Based on Political Affiliation

A policy enacted on October 2, 2020, by USCIS declared individuals belonging to Communist parties or any "totalitarian party" as inadmissible to the United States. This affiliation, whether with U.S. or foreign parties, is deemed incompatible with the oath of allegiance required for naturalization, which necessitates a commitment to uphold the U.S. Constitution and laws. Certain exceptions exist, including circumstances where membership is involuntary, solely under the age of 16, by operation of law, or for the sole purpose of obtaining essential necessities like employment or food rations, where such membership is deemed necessary. This ban has implications for current members of entities such as the Chinese Communist Party and the Communist Youth League of China.

Rights and Responsibilities of a Lawful Permanent Resident

Lawful permanent residents (LPRs), the holders of green cards, are endowed with a distinct set of rights and obligations, as outlined by USCIS and other federal agencies. They possess the ability to secure most types of employment, comparable to U.S. citizens, and can register property and establish businesses within the United States.

However, LPRs are also subject to obligations mirroring those of U.S. citizens. Male LPRs aged 18 to 25 are required to register with the Selective Service System. Like citizens, LPRs must report and pay taxes on their worldwide income. They are barred from voting in federal elections and cannot hold federal office. While they may participate in certain local elections and hold local or state offices, this is subject to state and city laws and constitutional provisions.

Rights

Permanent Residence: LPRs have the right to reside permanently in the United States, provided they do not engage in activities that render them removable under the INA.
Military Service: They can join and serve in the United States Armed Forces and many law enforcement agencies.
Employment: LPRs can work in most positions across the United States, with the exception of federal jobs requiring security clearances and certain contractor roles.
Legal Protection: They are entitled to equal protection under the law of the United States, as well as state and local laws.
Travel: LPRs can travel outside the United States for up to one year as tourists without jeopardizing their status.
Family Sponsorship: They can petition for certain family members to immigrate to the U.S. as lawful permanent residents, including spouses and unmarried children of any age. The specifics of this right require clarification needed.

Responsibilities

Obey Laws: LPRs are legally obligated to abide by all federal, state, and local laws.
File Taxes: They must file income tax returns and report their income to the U.S. Internal Revenue Service (IRS) and relevant state tax authorities.
Selective Service: Male LPRs aged 18 through 25 are required to register with the Selective Service System.

Conditional Permanent Residents

As a consequence of immigration reforms, specifically the Immigration Reform and Control Act of 1986 (IRCA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), individuals who obtain permanent residency based on a recent marriage to a U.S. citizen or through investment are granted this status on a conditional basis for two years. An exception exists if the marriage to a U.S. citizen is over two years old at the time of adjustment of status (I-485); in such cases, the conditional status is waived, and a 10-year permanent resident card is issued. Conditional permanent residents are assigned the immigrant visa category CR (conditional resident).

Upon the expiration of this two-year conditional period, permanent residence automatically lapses, rendering the individual subject to deportation unless they file a petition to remove the conditions. This petition, Form I-751 for marriage-based cases or Form I-829 for investor cases, must be filed with USCIS up to 90 days before the conditional period ends. Upon receipt, permanent residence is extended in one-year increments until the petition is adjudicated. In marriage-based cases, both spouses typically must sign Form I-751. Waivers are possible if the marriage was bona fide but ended in divorce.

The USCIS requires substantial evidence to demonstrate that the basis for obtaining conditional residency was not fraudulent. For marriage-based applications, this can include birth certificates of children, joint financial statements, and letters from friends and relatives, all aiming to prove the marriage was entered into in good faith and not merely as a marriage of convenience. A follow-up interview may be required, though it can be waived if the submitted evidence is deemed sufficient.

Upon approval of the petition to remove conditions, the applicant receives an I-551 stamp in their passport, signifying their full permanent resident status. The new, permanent resident card arrives by mail weeks or months later, replacing the conditional card. This card must be renewed every 10 years, but the permanent resident status itself is indefinite, provided all conditions are continuously met. USCIS may expedite card renewal for security enhancements or to address counterfeit cards. The two-year conditional residency period does count towards the residency requirement for U.S. naturalization. Crucially, the adjudication of the petition to remove conditions must be finalized before a separate naturalization application can be reviewed.

Differences Between Permanent Residents and Conditional Permanent Residents

Conditional permanent residents possess the same "rights, privileges, responsibilities and duties which apply to all other lawful permanent residents." The fundamental distinction lies solely in the requirement to satisfy the stipulated conditions—proving the legitimacy of a marriage or meeting entrepreneurship benchmarks—before the two-year period concludes.

Abandonment or Loss of Permanent Residence Status

A green-card holder can voluntarily relinquish their permanent residency by filing Form I-407, along with their green card, at a U.S. Embassy.

Involuntary loss of permanent residence status can occur under specific circumstances. Committing a criminal act that renders an individual removable under U.S. law, particularly an aggravated felony, can lead to this consequence. Abandonment of status can also be inferred if an LPR establishes permanent residence in another country, remains outside the U.S. for more than one year without obtaining a re-entry permit before departure, or fails to file an income tax return on their worldwide income. Furthermore, if it's discovered that the application or the grounds for obtaining permanent residence were fraudulent, the status can be revoked. It is important to note that failure to renew the physical green card does not, in itself, result in the loss of permanent resident status, except in the case of conditional permanent residents. However, an expired card can impede work eligibility and travel capabilities.

Individuals who lose their permanent resident status are immediately subject to removal from the United States and must depart promptly to avoid deportation. In some instances, they may face a ban from re-entering the country for three, seven years, or even permanently, depending on the circumstances.

Tax Costs of Green Card Relinquishment

The Heart Act introduced provisions that can impose an expatriation tax on foreign workers who have held a green card for at least eight of the preceding fifteen years and choose to relinquish it. This tax applies to unrealized gains exceeding $600,000 globally. However, it is typically levied only on individuals with a federal tax liability exceeding$ 139,000 annually, a net worth of over $2 million, or those who have failed to certify compliance with U.S. federal tax obligations for the past five years.

If the green card is not relinquished, holders remain subject to double taxation on their worldwide income, regardless of whether they are living or working outside the U.S. or within their home country. This burden can be mitigated through foreign tax credits.

Reading a Permanent Resident Card

While most of the information on a green card is readily decipherable, the machine-readable signature at the bottom follows a specific format, adhering to the machine-readable travel document TD1 standard:

First Line:
- Digits 1-2: Indicate residency status. 'C1' for residents within the U.S., 'C2' for permanent resident commuters living in Canada or Mexico.
- Digits 3-5: 'USA', the issuing country.
- Digits 6-14: The nine-digit Alien Number (A#).
- Digit 15: A check digit calculated from digits 6-14.
- Digits 16-30: A 13-character USCIS receipt number, padded with '<' characters as fillers.
Second Line:
- Digits 1-6: Date of birth in YYMMDD format.
- Digit 7: A check digit calculated from digits 1-6.
- Digit 8: Gender.
- Digits 9-14: Expiration date in YYMMDD format.
- Digit 15: A check digit calculated from digits 9-14.
- Digits 16-29: Country of birth.
- Digit 30: A cumulative check digit for the entire line.
Third Line:
- Contains the surname, given name, middle name, and initials of the father and mother. The initials may be omitted depending on the length of the name.

A comprehensive list of category codes (e.g., IR1, E21) can be found in the Federal Register or the Foreign Affairs Manual.

Since May 11, 2010, new green cards incorporate an RFID chip, enabling electronic access at a distance. These cards are issued with a protective sleeve designed to prevent remote access, though its efficacy has been questioned.

Visa-Free Travel for U.S. Permanent Residents

U.S. permanent residents enjoy the privilege of visa-free entry into a number of countries and territories for tourism purposes. This list is extensive and includes:

Albania: Up to 90 days within a 180-day period.
Anguilla: Up to 90 days.
Antigua and Barbuda: Up to 30 days.
The Bahamas: Up to 30 days.
Belize: Permanent residents can obtain a visa on arrival, subject to prior approval from Belizean Immigration and a fee.
Bermuda: [Specific duration not listed but implied for tourism.]
Bosnia and Herzegovina: Up to 90 days within a 180-day period.
British Virgin Islands: Up to 1 month.
Canada: Up to 6 months, with no eTA (Electronic Travel Authorization) required.
Cayman Islands: Up to 30 days.
Costa Rica: Up to 30 days.
Dominica: Up to 6 months.
Dominican Republic: Up to 30 days.
Dutch Caribbean (Aruba, Curaçao, Sint Maarten, Caribbean Netherlands): Up to 30 days.
Georgia (country): Up to 90 days within a 180-day period.
Guatemala: Up to 90 days.
Honduras: Up to 90 days.
Jamaica: Up to 90 days.
Kosovo: Up to 15 days.
Mexico: Up to 180 days.
Montenegro: Up to 30 days.
Nicaragua: Up to 3 months.
Panama: Up to 90 days.
Serbia: Up to 90 days.
Turks and Caicos Islands: Up to 30 days.

This list underscores the international recognition afforded to U.S. permanent residents, facilitating their travel and mobility across borders.