Tag Archives: permanent residency

What is a Green Card & How do I Get One?

There are a few great sources of information answering one or both of the questions on the Internet. However the problem is most sites that address the Green Card tend to be vague, spread complete innaccuracies, raise false hopes and often charge usually excessively for services that should not be charged (eg. the DV or Green Card Lottery).

So I will try and create a brief outline of what the Green Card is and isn’t and what are the main ways you can obtain one.

The Green Card itself is an identification card stating that the holder is entitled to permanent resident status in the US. The major benefits include the right to both live and work anywhere in the US. This differs from all the non-immigrant visas which specify where the applicant must work, study, etc. and generally reside. They also are for much shorter periods of time and do not generally give the right to apply directly for US Citizenship.

The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met. The Green Card actually does have an expiry date which can be extended simply and easily if all general conditions are met. A common period of validity is 10 years (which of course is far longer than the 3 years periods and limited renewals of H-1B and 2 year periods of E-3).

These general conditions are relatively simple like not committing crimes, submitting fraudulent application documents, paying taxes, etc. so most people never run into an issue here.

While a Green Card Application is pending, an applicant obtain 2 documents;

1.Temporary work permit known as the Employment Authorization Document (EAD), which allows the ability to work.
2. The second is a temporary travel document, advance parole, which allows you to re-enter the US as technically under normal circumstances during this period you are not allowed to leave.

There are 5 ways you can obtain a Green Card or Permanent Residency and these are as follows;

  • via a family member
  • via employment
  • via investment
  • via the Diversity or Green Card Lottery
  • via “The Registry” provisions of the Immigration and Nationality Act

According to wikipedia these are the current annual limits and wait times for
the various Green Cards

Category
Eligibility
Annual
Quota
Backlog
Family-Sponsored
IR
(A U.S. citizen must be at least 21 years of age in order to sponsor his
or her parents.)
Immediate
relative (spouses, minor children & parents) of U.S. citizens
No
Limit
F1 Unmarried
sons and daughters (21 years of age or older) of U.S. citizens
23,400 6-7
years
F2A Spouses
and minor children (under 21 year old) of lawful permanent residents
87,934 5-6
years
F2B Unmarried
sons and daughters (21 years of age or older) of lawful permanent residents
26,266 9-10
years
F3 Married
sons and daughters of U.S. citizens
23,400 8-9
years
F4 Brothers
and sisters of adult U.S. citizens
65,000 10-11
years
Employment-Based
EB1 Priority
workers. There are three sub-groups:Foreign nationals with extraordinary
ability in sciences, arts, education, business, or athletics OR Foreign
nationals that are outstanding professors or researchers with at least three
years’ experience in teaching or research and who are recognized internationally.
OR Foreign nationals that are managers and executives subject to international
transfer to the United States.
40,000 currently
available
EB2 Professionals
holding advanced degrees (Ph.D., master’s degree, or at least 5 years of
progressive post-baccalaureate experience) or persons of exceptional ability
in sciences, arts, or business
40,000 currently
available
EB3 Skilled
workers, professionals, and other workers
40,000 5
years
EB4 Certain
special immigrants — ministers, religious workers, current or former U.S.
government workers, etc.
10,000 currently
available
EB5 Investors 10,000 currently
available
Diversity
Immigrant (Green Card Lottery)
55,000
Political
Asylum
No
Limit
Refugee 70,000

The Application Process has 3 Steps:
1. Application (only with an Investor category would this be done by the person themselves)
2. Avalibility (As the quotas are limited as stated above, even in the application is approved by the USCIS, you still have to wait for a visa number from the National Visa Center. There are  additional limitation based on birth country so citizens of India, China, Mexico, etc. tend to have longer wait periods. If this is an Immediate Relative petition
there is no wait time)
3. Ajudication (If done within the US, the form I-485 is require to do an adjustment of status. If done at a consulate or embassy outside the US, then the applicant will receive an I-551 stamp in the passport at the port of entry. In both cases the actual Green Card will be mailed to their US address after several weeks)

A person can apply for US Citizenship after maintaining permanent residency for at least 5 years and can make that application up to 90 days before reaching this date. However this time is shorter for people with political assylum (4 years) and if married to a US citizen (3 years).

To Note:
– There are major tax obligations with being a Permanent Resident and further obligations for a US citizen
– Male Permanent Residents aged between 18-26 are required to register for the Selective Service System (that is should the US Government ever reinstate the military draft for example, you can be called to serve). I hope
this clears up the myths and answers your questions. 🙂

CJ

The Diversity Visa (DV) or Green Card Lottery

So in terms of US Immigration there is probably as much mis-information about this process as there is about anything in the US Immigration system and that is saying something given how complex it is!

At it’s core, the Diversity Visa Lottery (commonly known as the Green Card Lottery) gives 55,000 permanent residency visas to foreign national to come to live and work in the US.

There is NO cost to be in this lottery and many fraudulent sites charge you saying they will provide extra service by doing this for you at a fee and resubmit the application each year if it is unsuccessful.

ANY SITE THAT CHARGES YOU FOR THE PROCESS IS A SCAM!

You do not need outside help to fill in this application as it is very simple and the only reason help may be required is in the case of a language barrier as generally the forms have only been in English.

If you have dependent spouses and/or children, they will be given a derivative visa should you be successful in the lottery.

The way the system works is;

  1. Applications usually open from early October to early December online (internet is the ONLY way to submit entry)
  2. Winners are announced vis MAIL only from about May to September the following year
  3. Your visa then applies from the year after onwards
    In other words apply in 2009, learn of success in 2010, visa takes effect in 2011

So in essence this year Diversity Visa Lottery will be call DV-2011 as it for visas that will take effect from 2011.

This is the information you have to give on application.

1. FULL NAME – Last/Family Name, First Name, Middle name

2. DATE OF BIRTH – Day, Month, Year

3. GENDER – Male or Female

4. CITY WHERE YOU WERE BORN

5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use
for the place where you were born.

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility
will normally be the same as your country of birth.  Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you.

7. ENTRY PHOTOGRAPH(S) – See the technical information on photograph specifications.  Make sure you include photographs of your spouse and all your children, if applicable.

8. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country

9. COUNTRY WHERE YOU LIVE TODAY

10. PHONE NUMBER (optional)

11. E-MAIL ADDRESS (optional)

12. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement:  (1) Primary school only,  (2) High school, no degree,  (3) High school degree,  (4) Vocational school,  (5) Some university courses,  (6) University degree,  (7) Some graduate level courses, (8) Master degree,  (9) Some doctorate level courses, and (10) Doctorate degree

13. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated

14. NUMBER OF CHILDREN –  Entries MUST include the name, date, and place of birth of your spouse and all natural children, as well as all legally-adopted children and stepchildren who are unmarried and under the age of 21 on the date of your entry (do not include children who are already U.S. citizens or Legal Permanent Residents), even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you.  Note that married children and children 21 years or older are not eligible for the diversity visa; however, U.S. law protects children from “aging out” in certain circumstances.  If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she will be treated as though he/she were under 21 for visa-processing purposes.  Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.

15. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph.  Failure to list your spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.

16. CHILDREN INFORMATION
– Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph:  Include all children declared in #14 above.

So as you can the information required is pretty straightforward, particularly for an English speaker.

For the first time ever in the DV-2010 lottery last year, applicants were told immediately if their photo did not conform to the relevant standards (pretty similar to passport photo standards), and could re-submit their application.
Also last year, for the first time, applicants were told that if they kept the confirmation page after submitting their application, they could check online in mid-2010 the success or failure of them winning the lottery. This meant non-winners of the lottery could confirm that was the case for the first time and before that there was no notification and no way for you to confirm.

Also as further enrty requirements you should check;

Native of a country whose natives qualify:  In most cases, this means the country in which you were born.  However, there are two other ways you may be able to qualify.  First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible; you can claim your spouse’s country of birth, provided both you and your spouse are on the selected entry, are issued visas, and enter the U.S. simultaneously.  Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may
claim nativity in one of your parents’ country of birth, if it is a country whose natives qualify for the DV-2010 program.

Education or Work Experience: You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.  The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

The main list your country would be ineligible is because natives of that country sent a total of more than 50,000 immigrants to the U.S. in the previous five years disqualifying them from that year’s Green Card Lottery.

Essentially the Diversity Visa Lottery is to ensure a more diverse population base in the US.

For DV-2010 whose application perion was last year in 2008, these countries natives were disqualified from entry.

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
For DV-2010, Russia has returned to the list of eligible countries.  Kosovo has also been added to the list of eligible countries.  No countries have been removed from the list of eligible countries for DV-2010.

For you to get an idea this is list of country winners for Green Card Lottery 2009 (known as DV-2009)

I hope this post helps clear up myths about the process and don’t forget to checkout the State Department visa lottery website for more information about this current year’s process.

CJ