U.S. Green Cards and Lawful Permanent Residence

A Green Card—officially called a Permanent Resident Card—is evidence that a person has been granted lawful permanent resident status in the United States. Lawful permanent residents may generally live and work permanently in the United States, but permanent residence is not the same as U.S. citizenship and remains subject to U.S. immigration law.

No single path leads to obtaining a Green Card. Eligibility may arise through a family relationship, employment, investment, humanitarian protection, a special immigration program, or another provision of law. The applicant must also use the correct procedure based on the applicable immigration category, current location, immigration history, and other circumstances.

How Can Someone Qualify for a Green Card?

A person must first have a recognized legal basis for permanent residence. Common Green Card categories include:

• Family-Based Green Cards for certain relatives of U.S. citizens and lawful permanent residents;
• Employment-Based Green Cards for qualifying workers, professionals, investors, and special immigrants;
• Humanitarian and Special Programs, including certain refugees, asylees, victims of abuse or crime, and Special Immigrant Juveniles;
• the Diversity Visa Lottery;
• Green Card Through Registry for the limited group of applicants who meet its longstanding-residence requirements;
• Cancellation of Removal granted by an immigration judge; and
• other provisions, including the Cuban Adjustment Act and certain protections for surviving relatives.

These are eligibility categories. They establish why a person may qualify for permanent residence. The applicant must then determine how to complete the case.

Two Ways to Complete the Green Card Process

Most applicants obtain lawful permanent residence through either adjustment of status in the United States or consular processing for an immigrant visa abroad.

Adjustment of Status in the United States

Adjustment of Status is the process through which an eligible person applies for lawful permanent residence without leaving the United States. The application is generally filed with U.S. Citizenship and Immigration Services using Form I-485.

Physical presence in the United States does not automatically make someone eligible to adjust status. Depending on the applicable law, the applicant may need to establish:

• an underlying basis for permanent residence;
• availability of an immigrant visa, when required;
• a qualifying inspection, admission, or parole—or an applicable exception;
• eligibility despite any status violation or unauthorized employment;
• admissibility to the United States or eligibility for a waiver; and
• favorable exercise of discretion.

Cases involving removal proceedings may also require an examination of whether USCIS or the immigration court has jurisdiction over the application.

Consular Processing for an Immigrant Visa

An applicant outside the United States ordinarily pursues permanent residence through Consular Processing for an Immigrant Visa. In many cases, after USCIS approves the underlying petition, the case proceeds through the Department of State’s National Visa Center and then to a U.S. embassy or consulate for an immigrant-visa interview.

If the immigrant visa is issued, the person becomes a lawful permanent resident upon admission to the United States. USCIS then produces the physical Green Card.

A person already in the United States may still be required to use consular processing if adjustment of status is unavailable. However, departure from the United States can trigger unlawful-presence bars or other immigration consequences. Therefore, obtain legal advice before departing to pursue an immigrant visa.

Important Adjustment of Status Provisions

The Immigration and Nationality Act contains several adjustment provisions. They do not all serve the same purpose and are not interchangeable.

Adjustment of Status Under INA § 245(a)

INA § 245(a) supplies the general adjustment framework used by many family-based, employment-based, diversity, and special-immigrant applicants. Eligibility commonly depends on factors such as the applicant’s manner of entry, immigrant category, visa availability, admissibility, and any applicable statutory bars or exceptions.

Adjustment Under INA § 245(i)

INA § 245(i) may permit certain grandfathered applicants to adjust status despite particular entry, status, or unauthorized-employment problems. Eligibility generally depends on a qualifying immigrant petition or labor-certification application filed on or before April 30, 2001. Additional requirements may apply to filings made after January 14, 1998.

Section 245(i) does not independently create a Green Card category, excuse every immigration violation, or waive all grounds of inadmissibility.

INA § 245(k) for Certain Employment-Based Applicants

INA § 245(k) provides a limited exception for certain employment-based immigrants who, after their most recent lawful admission, accumulated no more than 180 days of specified status violations, unauthorized employment, or other qualifying violations.

This provision is not available to every person who has fallen out of status. The applicant’s employment category, immigration history, most recent admission, and aggregate period of violations must be examined carefully.

Green Card for U Nonimmigrants Under INA § 245(m)

INA § 245(m) creates a separate adjustment pathway for qualifying U nonimmigrants. It contains requirements concerning U status, physical presence, cooperation with law enforcement, admissibility-related considerations, and humanitarian, family-unity, or public-interest factors.

Green Card Through Registry

Registry under INA § 249 is a separate basis for permanent residence for certain applicants who entered the United States before January 1, 1972, have maintained continuous residence, and meet the remaining statutory requirements.

Although Registry applicants use Form I-485, Registry is not another subsection of INA § 245. Its demanding residence date also means that only a very limited number of present-day applicants can qualify.

Visa Availability and Priority Dates

Some Green Card categories are subject to annual numerical limits. Family-preference and employment-based applicants may have to wait until an immigrant visa is available based on their category, country of chargeability, and priority date. Immediate relatives of U.S. citizens are not subject to the same annual numerical limitations.

Current availability is published in the Department of State’s monthly Visa Bulletin. Petition approval alone does not necessarily mean that an applicant may immediately file for adjustment of status or receive an immigrant visa.

Inadmissibility and Immigration History

Green Card applicants are screened under the applicable grounds of inadmissibility. Potential concerns may include certain criminal conduct, fraud or willful misrepresentation, unlawful presence, prior removal orders, health-related grounds, security issues, and public-charge requirements.

Some grounds of inadmissibility may be waived, but waivers have separate eligibility requirements. Applicants with possible inadmissibility concerns should review the issue before filing or traveling outside the United States. Learn more on our Waivers of Inadmissibility page.

Conditional Permanent Residence

Some applicants initially receive permanent residence on a conditional basis. This commonly applies to certain marriage-based residents whose marriages were less than two years old when permanent residence was granted and to qualifying EB-5 investors.

Conditional residents must take the required steps to remove the conditions within the applicable period. Additional information is available on our Conditional Permanent Residence page.

After a Green Card Is Approved

Lawful permanent residents receive important rights, including the ability to live and work in the United States and, when eligible, apply for naturalization. They also have continuing responsibilities, including complying with U.S. law, filing required tax returns, maintaining permanent residence, and protecting their immigration records.

The expiration of the physical card does not ordinarily end permanent resident status, but you should renew or replace the card when required. See our pages on Green Card Renewal and Green Card Holder Rights and Responsibilities for additional guidance.

Choosing the Correct Green Card Path

Green Card eligibility depends on more than where the applicant currently lives. A person in the United States may not qualify for adjustment of status, while another applicant may qualify through a special statutory provision. Immigration violations, prior filings, criminal history, removal proceedings, visa availability, and inadmissibility can all affect the appropriate strategy.

Immigration Attorney Osas Iyamu helps individuals and families evaluate Green Card eligibility, identify the proper legal and procedural pathway, and address potential complications before filing. From our office in Ocala, Florida, the Law Offices of Osas Iyamu, LLC provides federal immigration representation to clients in Florida, throughout the United States, and abroad.

Schedule a consultation to discuss your eligibility for lawful permanent residence and the most appropriate process for your case.

This page provides general information and does not constitute legal advice. Immigration eligibility depends on the facts and law applicable to each individual case.