Obtaining a Green Card as a Pathway to Citizenship

For many immigrants, living and working permanently in the United States is a long-term goal. Becoming a lawful permanent resident, often known as obtaining a Green Card, will provide an immigrant with the ability to reside permanently in the United States, enjoy many of the same rights as citizens, and eventually apply for naturalization if they meet certain requirements.

The path to citizenship can vary greatly depending on an immigrant’s personal circumstances, family relationships, and employment opportunities. It often involves navigating complex procedures, eligibility criteria, and legal requirements. An immigration attorney can help along the way, clarifying the complex steps required to obtain a Green Card or to become a naturalized citizen and assisting with compiling documents and submitting forms.

Options for Family-Based or Employment-Based Green Cards

A Green Card can be obtained through several pathways, but two of the most common are family-based petitions and employment-based petitions:

• Family-based petitions allow U.S. citizens and lawful permanent residents to sponsor certain relatives for Green Cards. Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, may be able to receive Green Cards relatively quickly, because there are no numerical limits on these petitions. Other relatives may fall into different categories with longer wait times.
• Employment-based petitions may provide opportunities for people with job offers or specialized skills to obtain permanent residency. Employers in the United States may sponsor immigrants in different categories, including candidates with specialized skills or workers needed to address labor shortages.

Other pathways include refugee or asylum status, special immigrant categories, and diversity visas. Each of these has its own rules and eligibility standards. The petitioning process generally requires submitting specific forms, supporting documentation, and evidence of eligibility. The timeline can depend on the type of petition and the applicant’s country of origin.

Potential Barriers That May Affect Green Card Applications

Certain circumstances may create barriers for those who apply for Green Cards, often referred to as “grounds of inadmissibility.” These may include:

• Health-related issues, such as communicable diseases or lack of required vaccinations
• Criminal history, including certain convictions that may affect admissibility 
• Immigration violations, such as previous unlawful presence in the United States or misrepresentation on immigration applications
• Security concerns, including ties to organizations or activities that have been deemed a threat to national security

In some cases, it may be possible to overcome these barriers through waivers of inadmissibility. A waiver is essentially a legal forgiveness process that may allow an applicant to move forward despite issues that would otherwise make them ineligible for a Green Card. For example, a person who accrued unlawful presence in the United States but can demonstrate hardship to a qualifying family member may be eligible to apply for a waiver. Each waiver has its own criteria, and approval is not automatic.

Rights of Lawful Permanent Residents

Becoming a lawful permanent resident comes with important rights and responsibilities. Some of the rights include:

• The right to live and work permanently in the United States, without the need for a visa renewal
• Protection under U.S. law, including federal, state, and local laws
• Access to certain public benefits, depending on eligibility and length of residency
• The ability to apply for citizenship, once residency requirements have been met

At the same time, Green Card holders are expected to follow U.S. laws, file income taxes, and carry proof of their permanent resident status. Failure to meet certain responsibilities could affect future immigration benefits.

Becoming a U.S. Citizen

Naturalization is the process through which a lawful permanent resident can become a U.S. citizen. The length of time required before applying depends on the applicant’s situation.

• General requirement: Most Green Card holders must reside in the United States for at least five years before applying.
• Marriage to a U.S. citizen: People who are married to U.S. citizens may be eligible to apply after three years of permanent residency, provided they meet other conditions.
• Continuous residence and physical presence: In addition to the time requirement, applicants must demonstrate that they have continuously lived in the United States and spent a certain amount of physical time in the country.

Extended absences outside the United States may disrupt continuous residence and delay eligibility for citizenship.

The Naturalization Interview

An interview with an immigration officer will be required during the citizenship application process. During this appointment, an immigration officer will review the applicant’s background, application, and eligibility. The interview often includes two important tests:

• The English test, which evaluates the applicant’s ability to read, write, and speak basic English.
• The Civics test, which assesses a person’s knowledge of U.S. history, government, and civic principles.

Applicants may also be asked questions about their application, travel history, or time spent outside the United States. Some immigrants may qualify for exemptions or accommodations, depending on their age, disability, or length of residency.

Family Sponsorship for Green Cards

Family reunification is a cornerstone of U.S. immigration law, and both citizens and lawful permanent residents have the ability to sponsor certain relatives for immigration benefits. The process generally falls into two categories:

• Immediate Relative visas: These visas are available to the closest family members of U.S. citizens, including spouses, unmarried children under 21, and parents of U.S. citizens over the age of 21. Immediate relative visas are not subject to annual caps.
• Family Preference visas: These visas are available to more distant relatives of U.S. citizens and certain relatives of lawful permanent residents, including adult children, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of Green Card holders. Unlike Immediate Relative visas, Family Preference visas are subject to numerical limits each year, which can create long waiting periods depending on the category and the applicant’s country of origin.

The ability to petition to bring family members to the United States is a benefit of permanent residency and citizenship. The specific options that may be available will depend on the petitioner’s immigration status.