As a U.S. immigration lawyer, my clients often ask me how they can get a green card. The answer is that there are many possible ways to get a green card. The best option for you will depend on your particular circumstances.
Introduction
a. K1 Fiancé Visa
b. Marriage Based Green Card
a. EB1 Visa
b. EB2 Visa and EB3 Visa
c. EB4 Visa
d. EB5 Visa
Getting your green card and becoming a permanent resident of the United States is a wonderful feeling. Thankfully, that status does not expire — once you get your green card, you remain a permanent resident of the United States until you either become a U.S. citizen or you lose or abandon your status.
So the status doesn’t expire, but the green card itself is only good for 10 years, at which point you must renew your green card using form I-90.
note: if you are a conditional permanent resident whose green card is expiring, your status does expire along with the card, and you must file form I-751, Petition to Remove Conditions on Residence, to remain in the U.S.).
Even though your permanent resident status doesn’t expire when your card does, problems come up when you let your green card expire. For starters, U.S. law requires that you carry a valid green card with you at all times, and letting your card expire breaks this law and could get you charged with a misdemeanor crime. In addition, four things become difficult or downright impossible with an expired green card:
To do any of these things, you need to show proof of your permanent residency, and an expired green card does not work as proof.
Your best bet is to start the renewal process six months before the card is set to expire, thereby avoiding these headaches in the first place.
But, of course, mistakes happen. Maybe you didn’t realize the expiration date was near, or perhaps you didn’t have the $540 fee to renew. For whatever reason, you may find yourself with an expired green card on your hands. Let’s look at these four common problems that arise from an expired green card and their solutions.
When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document. When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. This article will explore some of those limitations.
The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney.
Traveling inside the US Before Travel Authorization is Granted
Before USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending.
However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. Because of this, any interactions with US immigration while traveling presents the potential for issues.
Additionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned.
Traveling outside the US Before Travel Authorization is Granted
After submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. Doing so would result in the green card application being denied and could lead to misrepresentation investigations.
*NOTE: While some dual-intent visas allow for continued travel while a green card application is pending, traveling on a dual-intent visa before the Advance Parole/Travel Authorization is approved likely means that USCIS will deny Form I-131 and will not grant Advance Parole.
Overall, it can be beneficial for an applicant wishing to travel internationally to wait until USCIS has granted them Travel Authorization before they travel outside the United States. If this travel authorization is pending, an applicant would need to consider whether they have a valid document that will allow for their re-entry into the US and whether they accept the potential repercussions of abandoning their pending application and subsequent denial of the Green Card.
Renew your green card before it expires
The best solution is to avoid these problems in the first place and begin the green card renewal process six months before your card is set to expire. SimpleCitizen can help you prepare and submit form I-90, Application to Replace Permanent Resident Card. We can even have it reviewed by a professional immigration lawyer. Start a Green Card Renewal Application today.
FAQ
Can I use my dual intent visa (H1B or L1) to travel while my green card is pending?
Can I travel using my K-1 visa?
The K visa serves as a single entry visa, meaning that once someone enters the US, they cannot use that visa again to leave and reenter the US. Instead, they would need to consider waiting for the travel authorization or the green card to be granted.
Since an O-1B visa is considered dual intent, can someone use it to travel while they wait on travel authorization through their adjustment of status application?
The O-1 visa is a dual-intent visa in the context of visa approval but not in the context of travel authorization. As such, USCIS will consider that someone traveling abroad on an O visa while the green card application is pending (and before the travel authorization has not been granted) has abandoned the green card application, and this application will be denied.
U and T Visas
Historically, undocumented individuals were afraid to report crimes to the police, due to fear of being referred to ICE. To eradicate this systemic issue, Congress created the T and U visas to encourage victims to step forward and report serious crimes. Upon obtaining an approved T or U visa, one can apply for a Green Card. Keep in mind that only enumerated crime will qualify for these humanitarian benefits.
The T visa specifically offers protections to victims of human trafficking. This allows victims to stay in the United States and collaborate with the police and authorities in order to investigate and prosecute trafficking perpetrators. To apply for a T visa, you will need to submit a Form I-914 along with a detailed statement explaining your eligibility.
The U Visa includes the benefits of the T visa and allows victims of human trafficking, among victims of other crimes, such as, but not limited to: abduction, rape, witness tampering, stalking, torture, felonious assault, to file for immigration benefits in the United States.
In order to apply for a U visa, you will need to submit a Form I-918 along with the Form I-918 Supplement B, which should be certified by the police or district attorney’s office. This certification will demonstrate that the foreign national was helpful to law enforcement in the crime investigation. If the victim of the crime is not helpful to the local police or prosecuting agency, then USCIS will deem they are not qualified for a U visa.
Everyone who starts a new job in the U.S. must file a form I-9, the Employment Eligibility Verification form, with their employer. The I-9 verifies your identity and permission to work in this country. Before or on your first day of work, your employer will ask you to fill out the form and present a valid green card. Of course, if your green card is expired, you don’t have valid proof of residency, and you won’t be able to start your job.
Solution: The I-551 stamp to the rescue again. The only way you’ll be able to legally start at a new job (besides waiting for your green card renewal to go through) is to get a temporary I-551 stamp inside your passport, which proves you have permanent resident status for a year from the date of the stamp. The instructions to getting a I-551 stamp are outlined in the solution to problem #2, above — “Customs & Border Protection may not let you re-enter the U.S.” But we’ll recap them again here:
Two important things to note
2. It currently takes USCIS more than a year to process a renewal application. When we spoke to USCIS in June 2017, the time to process a green card renewal application was 13 months. The I-551 stamp is only good for one year, however. If you filed to renew your green card and got an I-551 stamp as a temporary solution to prove permanent residency, and that one year time period is almost up and you still haven’t received your renewed green card, you’ll have to get another I-551 stamp. The process is the same as the steps above.
Three main problems present themselves when you’re trying to travel with an expired green card.
Problem #1
Most airlines will not let you fly if your green card is expired. You can purchase a ticket, but they could refuse to board you at the gate if they wish.
Solution: As soon as you realize your card is expired, file form I-90, the green card renewal application. Two to three weeks after you file the I-90 you’ll receive a Notice of Action (aka form I-797), which verifies you are in the process of renewing your green card.
Then find out if the airline will accept the Notice of Action along with your expired green card to fly with them; many do.
Problem #2
Customs & Border Protection may not let you re-enter the U.S. Anytime someone who is not a U.S. citizen tries to enter the U.S., they are subject to an immigration review. Part of this review is showing proof of lawful permanent residency, and an expired green card is not acceptable proof. At best you’re looking at a long delay and an expensive re-entry fee; at worst, you could be denied re-entry.
Solution: As soon as you realize your card is expired, file a renewal application, form I-90. Then, schedule an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office to get a temporary I-551 stamp inside your passport (note: you will likely be required to show the USCIS officer your Notice of Action that proves you filed your green card renewal application). The I-551 stamp indicates you have permanent resident status for a year from the date of the stamp. A passport with a temporary I-551 stamp is acceptable proof of permanent residency to re-enter the U.S. at Customs & Border Protection.
Problem #3
Your green card expires or gets lost, stolen or damaged while you are abroad. Perhaps you didn’t realize the expiration date was approaching when you traveled outside the U.S., or maybe your green card was lost, stolen or damaged during your travels. Still, you’ll have the same problem when trying to re-enter the U.S. at Customs & Border Protection — no valid proof of residency.
Solution: Find your nearest U.S. embassy or consulate and file form I-131A, Application for Travel Document (aka Carrier Documentation). This document lets you re-enter the U.S. if you’ve been overseas for less than one year and your green card has been lost, stolen or damaged.
Asylum
The United States recognizes the right of asylum as defined under international and federal law. Asylum applicants must establish that they fear persecution in their home country and that the government will not protect them from this persecution.
Their claim to asylum must fall on account of one of five protected grounds: religion, race, nationality, political opinion, or “particular social group.”
This persecution can be established by past harm or experiences endured by the asylee applicant and/or their community, friends, or family.
One can apply for asylum upon arriving at a port of entry or within the United States. You should try to apply for asylum within one year of arriving, unless you can prove your delay for applying was due to exceptional circumstances. To submit an application for asylum please fill out form I-589.
An approved asylum matter will allow you to have asylee status and, after one year, eligibility for a US Green Card. Note that if you apply for asylum and your matter is denied by the asylum officer, you will be referred to an immigration judge (be placed into removal proceedings) to re-submit your case. Thus, it is important that you carefully prepare your asylum submission.
The process for getting a mortgage is the same for permanent residents as it is for U.S. citizens, and every lender is going to require either proof of citizenship or proof of permanent resident status before they will give you a mortgage. Of course, if your green card has expired, you can’t provide this.
And that could mean losing your loan and losing the house you wanted while you wait for your renewal to go through.
What is a Green Card Exactly?
“Green Card” is the informal description given to describe “permanent resident status.” If you have a Green Card, you do not need to have a visa to enter the United States. As a Green Card holder, you are eligible to live and work anywhere in the United States. Additionally, after meeting certain residency and character requirements, after three or five years (depending on the basis of your Green Card) you can apply to become a US citizen.
Again, I am happy to say that fortunately, there is are many ways to get a Green Card (Permanent Residency) in the United States. Green Cards can be obtained through:
Thus, keep in mind that there is no “catch all” category to get a US Green Card.
The processing times for these options, can range from a few months to beyond a decade. Thus, it is important that you explore all your options, as you may be eligible for Permanent Residency more than one way.
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Immigration Discussion Board
Violence Again Women Act
Another consideration non-citizens should consider, is the possibility of getting a green card as a self-petitioner under VAWA, which is short for the “Violence Against Women Act.” VAWA was a piece of legislation passed protect individuals who are in abusive marriages to US Citizens or Legal Permanent Residents (Green Card holders). The law sought to incentivize them to leave their emotionally and/or physically abusive relationships and still obtain lawful immigration status. With VAWA, the petitioning citizen or Permanent Resident spouse need not be in the picture in order to secure immigration benefits.
To qualify for VAWA you need to show:
Keep I mind that noncitizen children (and/or stepchildren) of abusive citizens and Legal Permanent Residents can also qualify for VAWA before turning the age of 25. If the parent is a foreign national and their noncitizen child was abused (while they were spared) both parties can still apply for VAWA.
Fiancé & Marriage Based Visas
The current immigration laws are set up to prioritize family reunification for ‘immediate family.’ Therefore, one of the fastest ways to get a Green Card is by falling under the statutory description of immediate family members. For example, this would include marriage to a U.S. citizen or by being petitioned by your adult (21 years or older, U.S. citizen child). Keep in mind that both Green Card holders and citizens have the option to petition immediate relatives. Thus, pending on your status, you may be able to petition your fiancé(e), parents, adult children, and siblings as well.
K-1/Fiancé(e) Visa
To be eligible for a K-1 visa, you and your fiancé(e) must intend to get married within 90 days of your partner entering the United States. The marriage must be a bona fide relationship, meaning that you must be able to show that the marriage is genuine (“bona fide”) and was not entered into solely for immigration benefits. Upon marrying, your foreign national spouse can apply for a Green Card by submitting I-485, Adjustment of Status application.
Marriage Based Green Card
Often times, spouses of US Citizens are able to apply for a Green Card inside the United States, immediately upon marrying. In order to obtain a Green Card through marriage, you must prove:
Along with this, the petitioning spouse will need to file an affidavit of support (I-864) and the beneficiary will need to get a medical examination from a USCIS civil surgeon (I-693).
Partner Immigration Attorneys Can Help You Plan
Navigating Travel while a Green Card application is pending presents many nuanced situations. If you have any questions about this topic or how this applies to your specific situation/visa, consider signing up for SimpleCitizen’s Professional Package–which allows you to discuss your questions and concerns with one of our independent partner Immigration Attornies.
Diversity Lottery
Every year, the United States hosts a lottery for international immigrants from countries that have not, historically, had a high rate of immigration to the United States. Thus, countries such as India, Philippines, Mexico, or China (for example) are not included in the Diversity Lottery.
The lottery is done annually and is approximately a month long every fall. The lottery registration has no government filing fees. Upon registering, keep your number in a safe place as that number will allow you to recover your lottery results. As with any lottery, your chances of winning are 100% luck based. Meaning that your merits (such as what potential contributions you could bring to the United States) is not evaluated for your lottery success. Yet, keep in mind that if you are applying from a country with low number of applicants, your chances do increase, as the lottery is regionally as opposed to globally based.
The rules for getting and renewing a driver’s license vary by state, but all 50 states have one thing in common: They all require proof of identity and residency to obtain a driver’s license. A valid green card satisfies this requirement; an expired one does not.
Solution: Contact your state’s department of motor vehicles to find out if you can use a passport with the I-551 stamp as valid proof of identity/residency. The instructions to get the stamp are outlined in both sections above.
Employment Based Green Card
Unlike family-based petitions, employment based Green Cards are typically sponsored by the foreign national’s job, not a family member. The visa bulletin breaks down the employment-based green card options into 5 separate categories: EB1, EB2, EB3, EB4, and EB5.
EB1 Visa
The EB1 Visa is reserved for what is known as ‘Priority Workers.’ These are reserved for leaders in their field (also known as those with ‘extraordinary ability’), executive/managers, and outstanding researchers. Additionally, the EB1 Visa is broken into 3 separate sub-categories: EB1A, EB1B, and EB1C.
EB1A Visa
The EB1A visa is reserved for people with an extraordinary ability. In order to qualify for an EB1A visa, you must show that you have an extraordinary ability in the arts, sciences, business, athletics, or education. Additionally, you must show that you are one of the few people who has risen to the very top of your field.
EB1B Visa
Under the EB2 category, there is a unique petition known as the “National Interest Waiver,” which does not require a PERM Labor Certificate (unlike the other petitions in this category and EB-3). Here, one with outstanding qualifications and a purpose to promote the “national interest,” can potentially qualify for a US Green Card through self-petition. This means that you can apply for a green card yourself, without the need for an employer to act as your sponsor.
EB4 Visa
After international travel, re-entry into the United States is ultimately at the discretion of the US Customs and Border Protection agent, who inspects upon arrival. This means that even if someone has been granted Advanced Parole and has a valid travel authorization document, US Customs and Border Protection can still technically deny their re-entry. Thus, travel authorization does not guarantee entry into the United States.
Risks of missing time-sensitive USCIS notices while traveling
The Biometrics AppointmentIn the weeks after someone submits a green card application, USCIS will mail them a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). The appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for the ASC appointment. It is recommended that this appointment is attended whenever possible, as it can be challenging to reschedule.
If you are traveling abroad on a dual-intent visa when you get the notice for the biometrics appointment, it could be challenging to return to the United States in time to make the appointment.
Notices for Requests for Evidence When USCIS needs more information for a case, they issue a “Request for Evidence” (commonly called an RFE). The RFE letter comes in the mail, and USCIS typically outlines what documentation must be submitted and issues a deadline by which they must receive that information. They specify that the applicant must submit the requested documents to them before that deadline. Cases that do not respond to the RFE by that deadline will have their green card application denied.
Applicants wishing to travel abroad while the green card application is pending will want to be aware that if they receive an RFE while they are away, they will need to respond to the RFE before the deadline or risk having their application denied.
The Green Card Interview with USCIS In the months after completing your biometrics, USCIS will schedule an interview with a USCIS officer. This interview is conducted in person and is arguably the most important moment in the process of getting a green card. USCIS will mail you an appointment notice (Form I-797C, Notice of Action) which will include the date, time, and location for your interview. It is critical that applicants don’t miss this appointment. Be aware that, in some cases, USCIS can schedule the appointment within weeks of issuing the notice. If you are traveling abroad when you get the notice for the interview appointment, it could be challenging to return to the US in time to make the appointment.
Navigating Travel after Travel Authorization/Advance Parole is Granted–But While the Green Card application is Still Pending
Currently, the average wait time for the Travel Authorization/Advance Parole document adjudication is around 9-12 months, while the Green Card application itself may take anywhere from 12-24 months to be approved. Due to these timelines, USCIS will likely grant an applicant’s travel authorization while the Green Card application is still pending approval.
When USCIS issues the Travel Authorization/Advance Parole document, an applicant is essentially authorized to travel in and out of the US while their green card is still being processed. However, after this travel authorization has been approved, there is still some risk that an applicant could experience difficulties re-entering the US or miss important USCIS notices while they are out of the country. This article will discuss these potential risks in greater detail below.
Conclusion
As you can see, there are many ways to get a green card to the United States. You may be surprised by the all the options that immigration law has to offer and where you may fit in. Hopefully, you now have a much better understanding of the different options that are available.
I hope that you found this information helpful!
Remember, you have avenues to get a green card through so many ways: from employment-based categories (even without having any actual employment or job offer), a lottery, to being a victim of certain crimes.