If you are planning to obtain the Green Card and become a permanent resident of the U.S. you need first to identify the category that you are part of and the specific steps you need to take and which differ depending on the category you qualify in. The main categories when applying for a Green Card are:
You can receive a Green Card and the status of permanent resident of the U.S. through one of your family members if:
One of your immediate relative (spouse, unmarried child under 21 years old or parents, if you are over 21 years old) is a U.S. citizen.
One of your family members fits the criteria of one of the preference categories including: unmarried sons/daughters older than 21, married children – no matter the age, brothers and sisters.
Your spouse or an unmarried child has already obtained a green card
You are part of a special category such as widows (-ers) of U.S. citizens, V non-immigrants, K non-immigrants, persons that are born to a foreign diplomat in the U.S. or abattered spouse or child (VAWA).
Green Card obtained through a Job Offer –If you have an offer from an U.S. enterprise for a permanent job in the U.S. then you might qualify for a Green Card. The employer should get in this case a labor certification and also file a Form I-140 also known as an Immigrant Petition for Alien Worker.
Green Card obtained through Investment:If you are an investor or an entrepreneur investing capital in a U.S. business creating new U.S. jobs, you might also qualify for a Green Card.
Green Card through Self Petition:If you have been granted a National Interest Waiver or you are considered an immigrant qualifying in the category of “Aliens with Extraordinary Ability”, you can apply for yourself (“self-petition”).
Green Card Through Special Categories of Jobs:You might be eligible for a Green Card if you are a religious worker, a physician that has been granted a National Interest Waiver, a Panama Canal employee, a non-immigrant from the NATO-6 category, an Iraqi assisting the United States Government or an Afghan/Iraqi translator, a broadcaster or an International Organization Employee, all of which are considered specialized jobs.
If you fit into this category you need to file a Form I-360, Petition for Amerasian, Widow (er), or a Special Immigrant, all of them detailed in the Immigration and Nationality Act (INA), Section 101(a)(27). You might also be able to apply by filing a Form I-140 or I-360 together with the Form I-485. This is called “concurrent filing.”
Petitions of the individuals that are not eligible to modify their U.S. status to a “permanent resident” status are generally sent to the U.S. consulate abroad as the next step in completing the process.
If you have been granted asylum in the U.S., the next step would be to apply for permanent residence 1 year after you have been granted the asylum status.
Note: If you have entered the U.S. as a refugee, the law requires that you apply for a Green Card 1 year after being admitted to the U.S. If you have been admitted to the U.S. with an asylee status, this is not mandatory, but it might be in your best interest to apply for a permanent resident status after 1 year.
If the resident is still outside the country when the card expires, without having applied for renewal previous to his or her departure, then the process of renewal includes contacting the nearest U.S. Consulate, USCIS office, or U.S. port of entry before filing Form I-90.
Note: For conditional residents whose status is expiring, the proper form to file is the Form I-751 which is a Petition to Remove the Conditions on Residence. The purpose of the applying is in this case to remove the conditions on your permanent resident status.
For any questions regarding immigration, you can call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283. You will probably be asked specific information about your application so make sure you know the receipt number and your Alien Registration Number. You will also be asked to give your name and date of birth.
If you choose to file a motion to reopen, then you must also include in your request new facts to be taken into consideration if the case is reopened and also attach documentary evidence that sustain your statements.
If you choose to file a motion to reconsider, you need to establish in its content that the decision to deny your request was based on incorrect application of law or immigration policy based on what you had on file when the decision was made.
Green cards lost outside U.S. need to be reported to the nearest U.S. consulate, USCIS office or port of entry before starting the process of obtaining another one and filing a Form I-90. If your request of renewal made through Form I-90 is approved, you will receive your replacement card by mail. The new card is valid 10 years from the date when it has been issued.
Lost, stolen, destroyed or mutilated green cards or cards containing incorrect information.
Changes in your citizenship status such as from commuter to resident of the U.S., from permanent resident to commuter status or automatic conversion to permanent status, which is the case of Special Agricultural Worker applicants.
Changes in your personal data such as reaching 14 years old (unless your card expires before your 16th birthday), legal changes in your name or other biographic information included by the green card.
Previous version of the alien registration card such as USCIS Form AR-3, Form AR-103 or Form I-151 which are no longer valid and need to be replace with a current green card
The previous card issued by U.S. Citizenship and Immigration Services (USCIS) has never arrived to you.
If you choose to file a motion to reopen, then you must also include in your request new facts to be taken into consideration if the case is reopened and also attach documentary evidence that sustain your statements.
If you choose to file a motion to reconsider, you need to establish in its content that the decision was based on incorrect application of law or immigration policy based on what you had on file when the decision was made.