Family-Based Green Card Processing Time for Immediate Relatives of U. Citizens
Because there is no numerical limitation for this category, visas are always readily available for applicants, which also means a short processing time of 9 to 13 months. Once the I-130 petition filed by the petitioner (U.S. citizen) is approved by the USCIS, the immediate relative (IR) beneficiary will not have to wait in line for a visa number.
As stated above, this category is only meant for spouses, unmarried children (under 21 years old), and parents of U.S. citizens. If a child of a U.S. citizen is married, he or she will no longer qualify for this category even if he is under 21 years of age.
Understanding the U. Green Card
The U.S. green card is the popular name for the official lawful permanent resident card (or I-551) issued to certain eligible foreign nationals by the United States Citizenship and Immigration Services (USCIS). There are two major immigration statuses for noncitizens in the U.S. — immigrant status and nonimmigrant status.
Those with green cards are considered to have immigrant status, an immigration term that implies the eligibility to live and work in the United States on a permanent basis. The term “nonimmigrants,” on the other hand, refers to those who are in the U.S. on a temporary visa and are required to return to their home country on or before the expiration of their status. You can become a green card holder through employmentfamily ties to a U.S. citizen or lawful permanent resident, as well as a few other means.
Where Can I Travel With My Green Card?
According to the USCIS, a lawful permanent resident is free to travel outside the U.S., and brief or temporary travel usually does not affect your status. This freedom is for both lawful permanent residents and conditional green card holders. However, your travel arrangements must be made according to the travel regulations for your status. This includes having necessary documents that will allow you to travel outside and reenter the U.S. Although there are many U.S. green card visa-free countries you can travel to, the travel period in itself can have a negative impact on your residency status, depending on your immigration restrictions.
Medicaid is a health coverage program for low-income children, families, elderly persons, and disabled persons. Each state runs a Medicaid program, though many give it a different name.
Two types of opportunities for medical care are offered under Medicaid: Emergency Medicaid and Full-Scope Medicaid. Permanent residents mostly qualify for Emergency Medicaid without exception, assuming they meet the general, non-immigration-related eligibility requirements.
To qualify for Full-Scope Medicaid, LPRs must, in most cases, have been in had green card status for at least five years. A handful of states also require 40 quarters of work before providing Full-Scope Medicaid benefits. Also, the “deeming rules” described above might apply.
To find out whether your state provides Full-Scope Medicaid to permanent residents who are under 21 or pregnant, contact your local, county, or state public benefits office. Your state also might provide LPRs certain medical benefits funded without Medicaid money.
LPR Status Is a Stepping Stone to Naturalized U. Citizenship
For a person wishing to immigrate to the U.S. on a permanent basis, lawful permanent residence is usually the necessary first step. That requires fitting one of the categories for green card qualification, then applying for U.S. residence.
People might, for example, become lawful permanent residents after being petitioned (or “sponsored”) by a U.S. citizen or resident spouse or close family member or employer, or after winning the diversity visa lottery, or after spending time in the U.S. with refugee or asylum status.
Even after obtaining a U.S. green card, most residents must wait some years (usually five) before taking the next step and applying to become U.S. citizens, through a process called “naturalization.”
Should I Renew my Green Card or Apply for U. Citizenship?
If you are a lawful permanent resident of the United States, you will have been given a photo identification card (your green card) that has an expiration date. The expiration date on your permanent green card will be 10 years from the day you were approved for permanent residence. Just prior to the card’s expiration, the green card holder is expected to apply for renewal.
If your green card will expire within the next 6 months, you might be wondering if you should renew it or apply for U.S. citizenship. There are some factors that will influence your decision. First, you must determine if you are eligible for citizenship. If you’ve been a green card holder for at least 5 years, maintained a residence in the U.S. for much of that time, and can demonstrate upstanding moral character, you may be eligible to apply for citizenship. And per any one of the exceptions listed above, some asylees, refugees, spouses of U.S. citizens, and some other immigrants may not have to wait 5 years before applying.
Before you decide whether to renew your green card or apply for citizenship, you should consider if you are prepared for all the responsibilities that come with being a U.S. citizen. As a green card holder, you have become accustomed to the rights to live, work, and travel freely inside the U.S. However, green card holders can’t vote or stay outside the U.S. for very long without risking abandonment of their residency. Green card holders also risk losing their residency rights if they do not inform USCIS about changes in their address, or if they participate in criminal activity or acts of terrorism or espionage. Additionally, because many federal programs enforce a 5-year waiting period on green card holders before they can receive benefits, green card holders may not always be eligible for the same assistance available to U.S. citizens.
If, however, you do not meet the qualifications for U.S. citizenship, or decide not to naturalize at this time, you will need to renew your green card. Your permanent residence does not expire when your green card does, but allowing your green card to expire could cause you problems, including loss of your rights to live, work, and travel freely within the United States. Most people will renew their green card by filing Form I-90 within 6 months of its date of expiration. However, different cases may have special circumstances. For instance, a conditional green card based on marriage to a U.S. citizen will require Form I-751 and a conditional green card based on a financial investment will require Form I-829.
If you decide to apply for your U.S. citizenship, you must file Form N-400 through the USCIS. Once you have submitted your completed form, USCIS will check it for completeness and accuracy and will send you a receipt notice once they begin processing it. You will then be contacted about your naturalization interview and test. Most immigrants will be required to attend a biometrics appointment. In most cases, the interviewing USCIS officer will be able to tell you the results of your interview and test as soon as you have completed them. If you passed, the officer will give you information about your oath ceremony where you will pledge allegiance to the flag and become a United States citizen.
A successful application for U.S. citizenship requires passing the USCIS interview and citizenship test. To effectively interview and pass the test, you will need to have good English skills- reading, writing, and speaking. You will also need to have an understanding of some basic American government and history facts. All the information you will need to know can be found online. It might also be helpful to register for citizenship classes. There, not only will you learn the facts you need to pass the civics test, but you can also get some practice using conversational English, which will help you during your interview.
- Determine whether you are already a U.S. citizen. If you are not a citizen by birth, or did not acquire or derive citizenship from your parents automatically after your birth, proceed to step 2.
- Determine whether you are eligible to apply for citizenship. If so, proceed to step 3.
- Download and complete your Form N-400.
Can Green Card Holders Receive Supplemental Nutrition Assistance Program (SNAP) Benefits?
SNAP is a federal program that provides money to states so that they can help people with limited income to purchase food. People who qualify for SNAP receive electronic debit cards for use in purchasing groceries (though many people still refer to this program as “food stamps”).
Permanent residents under 18 years of age may qualify for SNAP benefits. In most cases, an LPR who is older than 18 will qualify for SNAP only after having credit for 40 quarters of work in the United States.
As with TANF, the “deeming rules” described above might result in ineligibility.
Some states have programs to supply food benefits instead of SNAP to LPRs who do not qualify for SNAP benefits.
If You Have a Nonimmigrant Visa, You Might Be a U. Tax Resident
Though holders of nonimmigrant visas are, by definition, not permanent residents of the United States, they can become tax residents simply by spending a certain amount of time in the country each year.
Substantial Presence Test for Being a U. Tax Resident
If you hold a nonimmigrant visa, you will become a tax resident if you are present in the United States on at least:
Thus, you will automatically be a tax resident for any year you spend 183 days or more in the United States.
However, if you spend less than 183 days, but more than 31, you’ll be a tax resident only if your total days in the United States during the current and previous two years add up to 183. But you don’t count all the days you were present in the country during the previous two years. Instead, you count 1/3 of the days you were present in the first year before the current year, and 1/6 of the days you were present in the second year before the current year.
Example: You were physically present in the United States on 122 days in each of the years 2022, 2021, and 2020. To determine whether you meet the substantial presence test for 2022, count the full 122 days of presence in 2022, 41 days in 2021 (1/3 of 122), and 20 days in 2020 (1/6 of 122). The total for the three-year period is 183 days, so you are considered a tax resident for 2022.
If you spend fewer than 31 days of the current year in the United States, you will avoid being classified as a tax resident for that year.
If you exclude days of presence in the United States, you must file a fully completed IRS Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition.
The Less-Than-183-Plus-Closer-Contacts Exception to Being Considered a U. Tax Resident
Even if you have a nonimmigrant visa and qualify as a tax resident under the above rules, you can avoid being treated as a tax resident if you:
You will be considered to have a closer connection to a foreign country than the United States if you or the IRS establishes that you have maintained more significant contacts with the foreign country than with the United States.
There are other exceptions to these tax rules based on tax treaties between the U.S. and your home country.
If you are a nonimmigrant tax resident of the United States who is required to file a federal income tax return, you use Form 1040NR or 1040NR-EZ.
What Does Green Card Abandonment Mean?
Green card abandonment is a situation whereby a permanent resident gives up on his or her green card either intentionally or unintentionally. Staying outside the United States for too long is one of the acts that can be considered as having the intent of green card abandonment.
After returning from a journey abroad, the CBP officer will base their assessment of your reentry eligibility on a number of criteria. This includes whether or not you maintained family and community ties, filed U.S. income taxes as a resident, and maintained U.S. employment while you were abroad.
They may also check to determine whether you maintained a U.S. mailing address, a valid U.S. driver’s license, a U.S. bank account, run a U.S. business, or own property in the United States. Maintaining any or some of these criteria will help in proving that your absence was indeed temporary and you had no intention of abandoning your permanent resident status.
What If I Want to Stay Longer Than One Year?
Whether you are a permanent or conditional green card holder, having a re-entry permit allows you to apply for admission to the U.S after returning from abroad without having to obtain a returning visa from a U.S. consulate or embassy. However, keep in mind that the permit will be issued with an expiration date, which means you can only use it to apply for admission on or before the expiration.
Expiration of Re-entry Permit
This is why it is not advisable to stay longer than the expiration of your re-entry visa. However, just like a re-entry permit, a returning resident visa will also not automatically grant you admission after your journey. The purpose of these documents is to help prove your case at the port of entry.
What Happens If My SB-1 Application is Denied?
If, for any reason, the immigration officials deny your returning visa application, you will not be allowed to enter the U.S. unless you acquire another valid visa. The common reason for is failing to demonstrate strong ties to the United States while you were away. In this case, your only option is to reapply for another immigrant visa, which can be under the same category you had previously or you can explore other available options.
What Factors Play Into Whether a Green Card Holder Is Eligible for Public Benefits or Aid?
Exactly which public benefits a lawful permanent resident (LPR) can receive depends on a number of factors, such as:
Rights and Benefits of U. Lawful Permanent Residence
A lawful permanent resident receives a photo identity card that is, literally, green. The card is evidence that the person has the right to live and work in the U.S. on a permanent basis; to travel and return to the U.S.; and to petition for certain close family members to also receive green cards.
However, green card holders cannot do everything that U.S. citizens can. They cannot vote in U.S. elections. If they try, it could be considered a false claim to U.S. citizenship, and get them deported.
Although they’re called “permanent” residents, this status isn’t permanent for everyone with a green card. For example, LPRs cannot remain outside the U.S. for unlimited amounts of time or make their home elsewhere. Doing so will result in abandonment of their residency and refusal of their request to reenter the United States.
They can also lose their residency rights by failing to advise U.S. Citizenship and Immigration Services (USCIS) of changes in their address, committing crimes or acts of espionage or terrorism, or falling into some other ground of deportability.
Also, green card holders can’t always get the same financial assistance and benefits from the government that U.S. citizens can. Many federal programs impose a five-year waiting period before green card holders can start receiving benefits. (See What Public Benefits Can a Green Card Holder Receive?)
Frequently Asked Questions About Green Card Travel
Below you will find answers to the most commonly asked questions about visa-free travel for green card holders.
Can you travel with a green card/permanent resident card?
You are eligible to travel outside of the U.S. as a green card holder/permanent resident. U.S. permanent residents are allowed to travel anywhere in the world, depending on their ability to enter the country of their destination. However, as a green card holder, there are a number of visa-free countries that do not require any additional paperwork for entry. The proof of your U.S. green card will be enough to grant entry.
Can you fly with a green card?
What are U.S. green card travel benefits?
There are several travel benefits to having a green card. Firstly, you can easily leave, enter, and re-enter the U.S. You will not be subject to denial of entry unless you violate the U.S. or international laws. Secondly, you are eligible to travel to many visa-free countries with your U.S. green card. To visit those countries, you will not need any additional paperwork or visas for entry. Your U.S. green card will be enough.
Applying for U. Citizenship with an Expired Green Card
What happens if you are in the process of applying for citizenship when your card expires? Your green card is just proof that you are a permanent resident, and even when the card expires, you are still a permanent resident of the U.S. For this reason, many people decide to apply for citizenship when their green card expires, or simply not bother to renew their card if they are waiting to hear from USCIS on a decision about their citizenship application. While USCIS policy fluctuates on their acceptance of this practice, on its own, lack of a current green card should not interfere with your naturalization approval.
In general, however, it is best to keep your green card renewed. Carrying a valid green card with you all the time is one of the responsibilities of being a permanent resident. And while several factors are involved in determining the timeline for citizenship approval, the process typically takes months. If you go for months without a valid green card, you could have trouble keeping your job, finding new work, or reentering the United states after traveling overseas. So, if you don’t want to renew your green card, play it safe and apply for citizenship more than 6 months before your green card will expire (but as soon as you are eligible).
*A Special Note About an Expired Conditional Green Cards*
An expired conditional resident card is an entirely different situation than the case discussed above. The expiration date on a conditional green card is also the expiration of your status. When your conditional green card expires, you must petition to have those conditions removed and convert your status to permanent resident. You will then need to accumulate more time as a permanent resident before applying for U.S. citizenship. The conditions placed on your conditional green card will dictate the form and process by which you may have those conditions removed.
If you have any questions or concerns about any legal incidents that could interfere with your application for green card renewal or your application for citizenship, you should contact an immigration attorney before proceeding with any of the processes discussed above.
Permanent Resident Advantages
While your green card status is permanent, the physical card is not. You will need to renew your card every ten years and pay the $455 filing fee along with an $85 biometrics fee, totaling at $540. If you have not violated your status or committed a crime in the U.S., your green card should be renewed without complication.
How to Get a U. Green Card
To understand how having a green card compares to having U.S. citizenship, we need to go over the process and benefits of each. Let’s start by analyzing the process and benefits that go along with getting a green card.
There are several different ways to get a green card in the U.S. including employment, family, marriage, investment, asylum, and a green card lottery. Because employment and family are the two most common methods of obtaining a green card, we’ll cover those methods briefly.
Employment-Based Green Card
As the name suggests, these green cards are obtained through your job or occupation in the U.S. Many of these require that you have a valid job offer of employment from a U.S. employer, though some allow you to petition for yourself and are based more on personal achievement rather than your job. These immigrant visas make use of the I-140 petition.
Additionally, some require a PERM Labor Certification, which requires a sponsoring employer to determine the prevailing wage to pay you and to go through a recruitment process to see if there are any qualified U.S. workers that would be displaced if you were to start working for that employer.
Here is a list of the employment-based green cards that you can choose from:
These green cards are awarded based on which family member is able to sponsor you. To get one of these, your sponsor will need to file the I-130 petition.
Here are the family-based green cards:
As you can see, we have already encountered a benefit of citizenship over green card status. As we’ll discuss later, citizenship allows you greater preference and flexibility when it comes to sponsoring other family members for green cards.
Once you know which green card you are applying for, you will need to have your sponsor (whether that is you, your employer, or your family member) file the right petition along with any required supporting evidence. Keep in mind that the I-130 and I-140 are just for family and employment-based green cards. Other green cards may require a different form.
Your priority date will be the day that the USCIS receives your petition. Keep an eye on the latest visa bulletins provided by the Department of State. When the final action date in your green card category for your country of origin reaches your priority date, you will be able to either adjust your status or go through consular processing.
LPRs who have been in the United States for five years are normally eligible to receive Medicare. This form of medical coverage is intended for people who are over the age of 65 or have certain qualifying disabilities. There are several different types of Medicare, including:
Americans or LPRs who have worked 40 credit hours do not need to pay for Medicare Part A. However, if you are an LPR who has lived in the U.S. for five years but has not worked long enough to qualify, you can purchase Medicare Part A coverage and pay a monthly premium (as of mid-2022, a Medicare Part A premium cost either $274 or $499 per month, depending on how long you or your spouse worked and paid into the Medicare system).
Both citizens and LPRs need to pay for Medicare parts B, C, and D.
Family-Based Green Card Processing Time for Other Family Members of U. Citizens
While family members of U.S. citizens enjoy certain immigration processing preferences, those who don’t meet the definition of “immediate relatives” will have to pursue a family preference category.
For this set of people, there is no automatic availability of visas. After the approval of the I-130, the applicants will have to wait until there is a visa number available for them. The wait time for this subcategory can be up to 12 to 36 months. In some cases, it may even take 5 to 10 years.
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Documents Needed to Travel Outside the United States
To travel to a foreign country, you will need to present your passport and your green card. You may also need some additional documents depending on the country you are traveling to. This is because some foreign countries have their own entry and exit requirements which must be respected by every visitor.
Can Receiving Public Benefits Lead to Deportation?
The federal Immigration and Nationality Act (I.N.A.) states that “any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” (See I.N.A. § 237(a)(5).).
As this test shows, merely receiving public benefits does NOT make someone eligible for deportation on the basis of being a public charge. Many public benefits, including non-cash benefits like food stamps, emergency assistance, and federal loans, do not even trigger a public charge analysis for either inadmissibility or deportability purposes.
Also, before DHS can deport you, it must prove that you received a demand for repayment, you refused to repay the amount you received in benefits, and you received a judgment against you in court for the receipt of benefits. This is extremely burdensome for DHS to prove and covers only a narrow set of circumstances. Moreover, many state aid agencies are reluctant to file lawsuits, for a variety of reasons. That is why deportation on public charge grounds is virtually nonexistent under the current system.
What is the Naturalization Process?
Changing your status from lawful permanent resident to U.S. citizen is done through a process called naturalization. In contrast to the various ways that you can get a green card, there is only one way to become a U.S. citizen.
Here are the main requirements to apply for naturalization:
If you meet these requirements, you will need to file an N-400 with the USCIS with a copy of your green card and processing fee of $640 with a biometric fee of $85 totaling at $725. Once your application has been processed, you will be asked to come into an office for an interview.
Keep in mind that this is not like a consular processing interview for a visa or green card. You will be required to take a test to be naturalized. Here are some things you should know well in preparation for this interview test:
If your interview is favorable, you will need to set up a biometrics appointment and to take the U.S. Oath of Allegiance before completing your transition from green card holder to full-fledged U.S. citizen.
Also, your child may be able to be naturalized if you are a U.S. citizen and he or she was born outside of the U.S.
Family-Based Green Card Application Process
The first step in a family-based green card application is the I-130 petition, which must be filed with the USCIS by a U.S. citizen or a lawful permanent resident. The I-130 is filed to establish the familial relationship that exists between the petitioner and the beneficiary.
After receiving the petition, the USCIS will process it and determine if all the family-based green card eligibility criteria are met by both the petitioner and the beneficiary. Once the I-130 petition is approved and there is an available immigrant visa for the category, then the visa beneficiary will need to take the next step by either applying for status adjustment or going through consular processing. This will depend on whether the sponsored family member is in the United States or abroad.
Green Card Processing for Family Members in the U.
This process is known as adjustment of status, in which you will need to file the I-485 with the USCIS. This is your main green card application after establishing a qualifying familial relationship with I-130 petition. It must be filled along with all the required documents attached.
The I-485 and I-130 forms can be submitted simultaneously by applicants who are immediate relatives, meaning that their category does not have numerical limitations. Are you only thinking about applying for a family green card? At VisaNation, we can assist you throughout the entire process, from application to approval. Get started today!
Green Card Processing for Family Members Outside the U.
This is known as consular processing. In this case, the approved I-130 will be forwarded to the appropriate embassy or consulate in the country where you (the beneficiary) reside. Both the petitioner and beneficiary will be notified when the petition reaches the embassy or consulate.
The notification will also contain when and how to proceed with your green card process through consular processing. These next steps involve a one-on-one interview with a consular officer to verify your eligibility. The required form for this is the DS-260, Application for Immigrant Visa and Alien Registration.
Other steps involved:
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If You Have U. Lawful Permanent Residence (a Green Card), You’re a U. Tax Resident
Once you are a U.S. green card holder, you automatically become a U.S. tax resident, starting with the year you entered the U.S. with your immigrant visa or were approved for adjustment of status (a green card). You must then declare your entire income to the U.S. government, unless you took steps to be treated as a resident of a foreign country under an income tax treaty.
You might have heard that the number of days you spend in the United States each year has some effect on whether or not you are considered a tax resident. But this is true only for people who have nonimmigrant visas, discussed below. It is not true for green card holders. Even if you remain outside the U.S. for an entire year, you’ll still need to report your entire worldwide income.
As a green card holder, you must file a U.S. tax return Form 1040 each year and potentially pay a lump sum (or receive a refund, if you’ve had tax withheld from your paycheck during the year).
Annual Visa Cap and Priority Date for Family-Based Green Cards
All family preference green card petitions are subject to numerical limitation. And in most cases, the number of qualified applicants is higher than the available immigrant visas for each of the categories. In this case, the available visas are issued in chronological order in which the petitions were submitted.
To ensure a level playing ground for all applicants, the National Visa Center (NVC) considers different factors, such as each category’s annual cap, filing date, and country of origin when adjudicating green card applications. This is all determined by something called your “priority date.”
Your green card priority date is the date that the USCIS receives your I-130 petition. It can be described as your place in the green card waiting line and will need to be considered current before you can continue your green card processing. Your priority date can be found on the Notice of Action (I-797) approval of I-130 that was mailed to you by the USCIS.
Your priority date becomes “current” when your priority date matches or passes the “final action date” posted in the most recent visa bulletin by the Department of State.
Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current.
Can You Shorten Your Waiting Time?
The sponsoring family member can also expedite the process by filing both the I-130 and the I-485 adjustment of status application at the same time, as long as the beneficiary is in the U.S. The other way to take some time off of the overall processing period is to opt for premium processing for the forms that allow it (I-129 and I-140). The cost for premium processing is $2,500.
Who Can Jump Straight to U. Citizenship
People can gain U.S. citizenship by birth in the U.S. even if their parents hold no immigration status there, birth overseas to a U.S. citizen parent, or living in the U.S. as a child when a parent naturalizes (as described in these articles on acquiring or deriving citizenship through parents).
Obviously, all of these require some pre-existing parental link to the United States.
Without that, about the only way someone can go straight from having no U.S. immigration status to being a U.S. citizen is by joining the the U.S. military, as described in U.S. Citizenship Rights for U.S. Military Personnel and Veterans.
Types of Family-Based Green Cards
The family-based green card category is broadly grouped into two, namely the immediate relative category and the family preference category. Green card applications for each of these two groups are treated differently. The relationship between the visa petitioner and the beneficiary will determine the steps and processing time of the application.
Immediate Relative Immigrant (IR) Visas
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Family Preference Immigrant Visas
This is meant for certain family members of U.S. citizens and lawful permanent residents. Unlike the immediate relative subcategory, family preference green cards have a numerical limitation, and only a specified number can be issued each year.
Once the number has been reached for a particular fiscal year, other applicants will need to wait in visa line. The wait time can be for several months or years, depending on the visa backlogs in their category. Family preference green cards are:
Family First Preference (F1): This is for unmarried sons and daughters of U.S. citizens and their minor children. 23,400 visas are issued annually to applicants in this category.
Family Second Preference (F2): This is for spouses, minor children, and unmarried sons and daughters (21 years and above) of lawful permanent residents. 114,200 visas are issued annually and up to 77% of the family-based green cards for the category usually go to the spouses and children. The remainder in the subcategory will be allocated to unmarried sons and daughters.
Family Third Preference (F3): This category is for married sons and daughters of U.S. citizens as well as their spouses and minor children. The annual limit is 23,400.
Family Fourth Preference (F4): This is for brothers and sisters of U.S. citizens, and their spouses and minor children. The U.S. citizen (petitioner) must be 21 years and above. This category has an annual limit of 65,000 visas.
Not sure which preference category applies to you or your family members? We can help you with the entire process, from start to finish. Start today!
Not married to your partner yet? Consider the K-1 Fiance Visa
With the K-1 fiancé(e) visa you have 90 days from the time the foreign partner comes to the U.S. to get married. Note that a K-1 visa holder upon arriving in the U.S. is not allowed to leave and re-enter on the same visa
CHIP provides health coverage to children living in families that cannot get Medicaid because their income is too high, but do not have enough money to pay for private insurance. To qualify for CHIP, LPRs must in most cases:
The “deeming rules” described above might apply. However, many states have taken advantage of an option in the CHIP program to provide CHIP assistance to “lawfully residing” children and pregnant woman regardless of their date of entry into the United States. Check with your state agency to see whether your state offers this benefit.
Can Green Card Holders Use the ACA Health Insurance Marketplace?
LPRs are eligible to apply for coverage through the health insurance marketplace under the Affordable Care Act or ACA (sometimes also known as “Obamacare”).
Depending on your income level, you might be able to receive a subsidy or reduced insurance rate on the marketplace.
What are the Benefits of U. Citizenship?
Outside of obtaining citizenship through marriage or U.S. military service, many use the green card as a stepping stone to citizenship. But the question is, once you have your green card, is it worth it to go through the naturalization process? One thing to consider is the fact that you will be granted naturalization rights.
Here are some reasons to consider becoming a U.S. citizen:
Keep in mind that the green card renewal process is cheaper than the naturalization process ($540 vs $725). However, since naturalization requires a one-time fee, you are ultimately saving yourself hundreds if not thousands of dollars in the long run.
Ultimately, green card status, while not as tentative as a nonimmigrant visa, can still be revoked and has limitations. To enjoy all the benefits that come with being a U.S. citizen, naturalization is usually the preferable choice.
Does Travel Outside the U. Affect the Naturalization Process?
If you dream of becoming a U.S. citizen someday, you might want to take extra precautions when it comes to your stay outside the United States. According to the USCIS, “absences from the U.S. of six months or more may disrupt the continuous residency required for naturalization.”
This application will help you preserve your status if you have to stay abroad for a period of one year or longer. The eligibility for the N-470 must be based on a very genuine, such as employment purposes for the U.S. government, a recognized U.S. firm, a mission, or denomination that has a bona fide organization in the U.S., and other
Expect the Public Benefits Agency to Verify LPR Status
Usually, a permanent resident can simply show a green card to prove the required immigration status. But the public benefits agency may also get in touch with U.S. immigration authorities to verify the applicant’s immigration status.
When the Department of Homeland Security (DHS) receives this sort of request to check on immigration status, it is not supposed to use the information to start removal (deportation) proceedings, except where the permanent resident has committed certain crimes.
However, DHS does not explicitly guarantee that it will not investigate an applicant who applies for public benefits. Therefore, if you have been charged with or convicted of any crime (even if you received “diversion” or other alternative sentencing programs and even if any convictions have been expunged or “cleaned” from your record) or you have had any other history that could put your LPR status at risk, you should talk to an immigration attorney before applying for public benefits.
Can Green Card Holders Receive Temporary Assistance for Needy Families (TANF)?
TANF is a federal program that provides money to states to reduce poverty. Low-income families that qualify receive cash assistance, but must also participate in job training and other programs designed to eliminate dependence on cash assistance.
In most states, LPRs who have maintained their lawful resident status for five years can qualify for TANF, assuming they meet other program requirements. A handful of states require 40 quarters of work before providing TANF benefits.
Even if an LPR meets general eligibility requirements, however, it is possible that the “deeming rules” described above will prevent the person from receiving TANF.
Many states have programs that provide cash assistance to immigrants who are not eligible for TANF, although the benefit levels are sometimes lower, and other restrictions and time limits might apply.
How Long Can I Stay Outside the United States?
As a green card holder, you can travel and stay outside the United States for a period of six months without losing your permanent resident status. While your status grants you the freedom to travel in and out of the U.S., it is mandatory that you maintain legal status at all times, which includes establishing and maintaining a continuous physical presence. It is important to remember that traveling to visa-free countries for U.S. green card holders does not annul this requirement.
What Obligations Do U. Tax Residents Have?
U.S. tax residents must report their entire worldwide income to the IRS. It doesn’t matter if a portion or all of that income was earned from investments or business activities carried on outside the United States: A U.S. tax resident must report it all.
But becoming a tax resident does not necessarily mean that the U.S. government will actually tax all of your worldwide income and require you to pay the same amount as a U.S. citizen would.
These rules are complicated and subject to a number of confusing exceptions. Your best bet is to consult a tax accountant or lawyer. Also see IRS Publication 519, U.S. Tax Guide for Aliens.
SSI is a federal benefits program that provides cash assistance to low-income seniors (65 years or older) and low-income disabled children and adults.
Permanent residents (LPRs) cannot apply for SSI benefits until they have lived in the U.S. for at least five years. After that time, LPRs will qualify for SSI only if they have credit for 40 “quarters” of work done in the United States. (“Quarters” is a legal term that means a three-month period in which you earn a certain amount of money and therefore paid into your Social Security fund. If you work all year, you’ll be credited for four quarters that year, so it will take at least ten years to qualify for SSI.)
There are special rules about how to count the 40 quarters, including:
In most cases, if you are subject to an active warrant for deportation or removal from the U.S., you’ll lose your eligibility for SSI.
Getting Legal Help
If you are in deportation proceedings or have been ordered to appear for them and you are not sure what to do, it is best to contact an experienced immigration attorney as soon as possible to discuss your potential options.
Benefits of Filing a U. Tax Return Despite Being a Foreign Resident
Filing a U.S. tax return can be a good thing if you’ve been working for an employer who’s been withholding taxes from your paycheckyou might get a refund of some of your money!
How VisaNation Law Group Can Help
Over the past few years, immigration wait times have doubled. Currently, millions of applicants are waiting for green cards and there are strong indications that the number will keep rising. However, with the help of a family-based green card attorney lawyer, you can expedite the process and avoid delays.
VisaNation Law Group will help you prepare your petitions and documentation the best way and avoid RFEs that can prolong the process. Their experienced family-based immigration attorneys will also guide you through the interview process. Start your immigration journey today!
While you are allowed to travel the world as a lawful permanent resident, it is important to take precautions on circumstances that could make you lose your green card or affect your eligibility for citizenship in the future. Whether you are already a green card holder or in the process of acquiring it, you need to know how to make the most of your status. This is why you should work with experienced green card immigration attorneys.
VisaNation Law Group has a team of highly experienced green card attorneys with extensive knowledge of the immigration rules for permanent residents, especially travel regulations. For a professional guide on your travel documentation, including a re-entry permit, or returning visa application, you can always count on them. Additionally, if your application for any of these has been denied, they can help you regain entry to the U.S. You can contact and book an appointment with VisaNation Law Group today by filling out this consultation form.
Required Documentation for Family-Based Green Card
You may be asked to submit other documents depending on your case or the embassy in charge of your visa. Make sure that you visit the website of the embassy to be sure.
Permanent residents are ordinarily eligible for Social Security benefits if they have accrued 40 credits of work in the United States, which is approximately equivalent to ten years’ worth of work.
Social Security benefits include retirement payments, disability benefits, and survivors’ benefits (for the survivors of deceased workers).
But one important eligibility criteria is that if the permanent resident’s Social Security number was issued on or after January 1, 2004, the number must have been valid for work or the work for which the permanent resident is seeking credit must have been performed while the person was temporarily in the United States and had immigration status as a businessperson or crewperson.
Family Member of Green Card Holder
A fairly limited number of Green Cards is issued to spouses and unmarried children of permanent residents. The U.S. relative has to file a visa petition for you and any of your unmarried children. As soon as this visa is available, you have the right to apply for a Green Card at your local U.S. Consulate. There is also a reasonably short waiting period associated with this type of immigration benefit.
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A Green Card holder’s spouse or unmarried children of any age can also apply for a Green Card. Because the United States limits the number of relatives who may immigrate this way, there is usually a waiting period. This wait time is usually very short for spouses of Green Card holders or their unmarried children under the age of 21. For older children, the wait may be longer.
To receive a Green Card in this manner, your relative will first have to file an application called a “petition” for you. Once your visa is available, you can apply for a Green Card at the U.S. Consulate in your country. This is true whether or not you are currently in the U.S.
Some immigrants fear returning to their countries because the U.S. once punished illegal immigrants by making them wait either three or ten years before applying to reenter the country. However, the U.S. now allows you to apply for a “provisional waiver” that will let you avoid this penalty.
Once you take our free, easy to understand eligibility quizzes, our system will choose the best option for you. After answering simple questions, the appropriate immigration form will be generated for you. Our step-by-step instructions will tell you what to do next, how much to pay and where to send your form.
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All our eligibility quizzes are prepared by experienced immigration attorneys and are easy to use and understand. It only takes several minutes to complete a quiz and find out if you all eligible to apply. If you pass the quiz we will automatically choose all required forms for your immigration case
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We provide you with all immigration forms you will need to submit to the USCIS and receive a positive result. Our forms are customised to ensure that you fully understand all questions and provide accurate answers in all required fields
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Once you fill out your immigration form(s) our system will generate a customized checklist of documents you will need to submit to the USCIS with your immigration case. You can easily upload your documents into our system and request an attorney review to ensure that they are accurate and sufficient
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All our eligibility quizzes are prepared by experienced immigration attorneys and are easy to use and understand. It only takes several minutes to complete a quiz andfind outif you alleligible to apply. If you pass the quiz we will automatically choose all required forms for your immigration case.
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We provide you with all immigration forms you will needto submit tothe USCIS and receive a positive result. Our Questionaries are customized to ensure that you fully understand all questions and provide accurate answers in all required fields.
Once you fill out your immigration form(s) oursystem will generate a customized checklist ofdocuments you will needto submit to the USCIS with your immigration case. You can easily upload your documents into oursystem and request anattorney review toensure that they are accurate and sufficient.
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General instruction by USCIS
First, the U.S. relative files a petition with the USCIS, proving their U.S. citizenship and relationship to you. Once the petition is approved, the National Visa Center takes over the case. When their turn comes, the non-U.S. relative has to submit Form DS-261 containing current personal information, as well as pay necessary fees and attach forms and documents, including the Affidavit of Support. Only then can an interview be scheduled for those who pass required medical evaluation.
Form I-864, or Affidavit of Support, has to be filed by a U.S. citizen as a promise to support their foreign relative financially during the first 10 years as a Green Card holder. To be able to qualify as a sponsor, the U.S. relative has to have enough personal income and property themselves, or add additional sponsors to the petition.
Frequently Asked Questions
I am a permanent resident and my child is about to turn 21. How can I apply for his Green Card?
In the past, a person would not be able to receive a Green Card as a child if they turned 21 before the immigration process was finished. This practice was unfair to those young adults who had to wait for a long time for their application to be processed and who ended up being “too old” for the immigration purposes. The U.S. Congress created the Child Status Protection Act (CSPA) to be able to protect this group of applicants. In order for your son to be placed under the CSPA, you need to file a relative petition on his behalf with the USCIS before his 21st birthday.
I am married to a Green Card holder and just received a letter stating that I can apply for a Green Card. Since I entered illegally in 2005, I need to go to the U. Embassy in Peru to apply. I am afraid that because of my illegal stay I will not get my Green Card. What should I do?
You and many other foreign citizens, who entered and lived in the U.S. illegally, have to apply for an immigrant visa from outside the United States. In the past, when such a person came to the interview at their local U.S. consulate, they were found not being able to enter the U.S. again. The next step for an applicant would be to apply for a waiver of inadmissibility. That made a waiting period very long and separation of relatives painful. As of March 4, 2013, some closest relatives of U.S. citizens, who are illegally living in the United States, can apply for illegal presence waiver before they leave the U.S. for their interview abroad. Such family members include husbands and wives, children and parents of U.S. citizens. This change was made in order for the U.S. citizens and their loved ones to be able to reunite much sooner. That is why it would make most sense for you to wait until your spouse receives his or her citizenship before you apply for your Green Card.
How long does it take to receive a Green Card for a Green Card family member?
Each individual case is different from another, which makes it very difficult to determine how long it would take for a family relative of a permanent resident to receive their Green Card. There are a limited number of petitions that can be approved each year, and the number of applications filed is far greater.
I entered the U. without inspection through the Mexican border. If I marry a Green Card holder, can I receive my Green Card without leaving the U
In your case, you may be able to apply for the adjustment of your status while in the U.S. if someone had filed a petition for you either before January 14, 1998 or in the period of time between January 14, 1998 and April 21, 2001, while you were physically present on the territory of the U.S. on December 21, 2000. Otherwise, having entered the U.S. illegally, you would most likely have to file a Green Card application in your home country.
After staying illegally in the U. for almost 10 years, I married my husband who is a Green Card holder. Can I get a work permit before I apply for a Green Card?
Unfortunately, not. In order for you to be legally employed in the U.S. workforce, you have to file an application for a Green Card first. Only then, as a family member of a Green Card holder, will you be able to apply for a work permit.
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Usimmigrationforms.com is not a law firm. We do not provide legal advise or opinion to our customers. If you have a complicated case or need to receive a legal advise please consult with an experienced immigration attorney.
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