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Green Card Laws

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    Family Based

    • Many people get green cards or LPR status through a family member. A U.S. citizen can petition for a spouse, child, parent and sibling, while an LPR can petition only for a spouse and child. The processing times vary significantly. For instance, a minor child of a U.S. citizen usually can obtain legal status within a year but a child more than 21 years old often must wait several years. Just because a qualifying relationship exists does not mean that the petition will be successful. For example, an person with a permanent ban because of multiple illegal entries cannot qualify for relief based on marriage to a U.S. citizen.

    Employer

    • Applicants might be able to get green cards through their employers. Most foreign workers enter the United States on a visa, like the H-1B, and eventually receive LPR status with the support of their sponsoring employers. However, other people in the United States are eligible for legal status through employers like international students who remained in the United States upon completing their education.

    Crime Victim

    • LPR status can be obtained for crime victims. The Violence Against Women Act (VAWA) applies to victims of abuse (e.g., sexual, physical, financial, emotional) who are married to U.S. citizens or LPRs. Many times, victims are eligible for legal status, yet their abusers will not begin the application process. Abused men and widows also can be eligible for VAWA relief.

    Citizenship

    • LPRs must renew their status every 10 years. Most green card holders can apply for U.S. citizenship after five years. The U.S. citizenship test involves an oral, reading and writing portion, though applicants do not have to be fluent to pass the test. Applicants can take the citizenship test in their native language if they have been LPRs for at least 15 years and are over the age of 55 (or LPRs for 20 years and over 50 years old).

    Conditions

    • Conditional green cards typically are given to applicants that obtain LPR status through marriage to a U.S. citizen. If the marriage took place within two years, LPRs receive conditional status, which means that the LPR must remove the conditions two years from obtaining status. To remove conditional status, a LPR must demonstrate continuity of marriage such as through joint bank accounts, pictures, rental leases, vacation reservations or birth certificates of new children. If the marriage has been dissolved, then the LPR must explain the situation. Conditional status is used to minimize fraud as some people get married only to obtain status.

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