The Ultimate Guide to Legal Residency in the USA

The United States has long been one of the most sought-after destinations for immigrants worldwide. People of diverse backgrounds are attracted to the U.S. for various reasons — from pursuing the "American Dream" or seeking refuge from conflict, to reuniting with family, advancing careers, and launching businesses. 

According to recent statistics, over 45 million immigrants currently reside in the U.S., making up about 14% of the total population. More so, in 2022 alone, nearly one million people obtained lawful permanent resident status in the U.S. 

The stats are encouraging for anyone aspiring to secure residency. But the journey is challenging and often lengthy, making thorough preparation essential. To help you take your first steps toward achieving your dream, we have crafted this guide that provides you with a comprehensive roadmap to help you navigate the process of obtaining legal residency in the U.S. 

Whether you're dreaming of starting a new life, reuniting with loved ones, or advancing your career, this guide is here to help you overcome the challenges and obstacles of acquiring legal U.S. residency. 

What Is Legal Residency in the U.S.? 

Legal residency, also known as lawful permanent residency, grants immigrants the right to live and work in the U.S. indefinitely. Obtaining permanent residency gives the holder substantial rights, including the possibilities to: 

• legally work anywhere in the U.S. 
• live in the U.S. without visa-related restrictions 
• apply for U.S. citizenship 

Upon acquired legal residency status, migrants receive the well-known green card, a physical identification card. While the term "green card" originates from its historical color, the card has evolved over the years but remains symbolic of the opportunity to build a life in the U.S.

Who Needs a Green Card? 

Anyone who intends to live permanently in the U.S. needs a green card, including: 

• family members (spouses, children, or parents) of U.S. citizens or permanent residents 
• workers with job offers from U.S. employers 
• refugees and asylees fleeing persecution or unsafe conditions in their home countries 
• Diversity Lottery winners selected through the annual green card lottery  

How to Obtain a Green Card 

For those exploring how to become legal in the USA, obtaining a green card is the primary pathway. This section outlines the various options available to gain permanent residency, depending on the applicant's circumstances. 

Family-Based Green Cards 

U.S. citizens and permanent residents can sponsor certain relatives for green cards. Immediate relatives (spouses, parents, and unmarried children under 21) have priority, while other family members may face longer wait times due to annual visa caps.

Employment-Based Green Cards 

Employment-based green cards are available for individuals with job offers or exceptional skills. Categories include: 

• EB-1: Extraordinary ability in fields like science, arts, or business. 
• EB-2: Advanced degrees or exceptional abilities. 
• EB-3: Skilled workers, professionals, and unskilled workers (limited availability). 

Refugee or Asylee Status  

Individuals granted asylum or refugee status can apply for a green card after one year of residing in the U.S. This pathway is critical for those fleeing persecution due to race, religion, nationality, or political opinions.

Diversity Visa Lottery 

The Diversity Immigrant Visa Program provides up to 55,000 green cards annually to applicants from countries with low immigration rates to the U.S. This program operates as a lottery, requiring applicants to meet specific educational or work criteria.

What Are Permanent Resident Requirements? 

To maintain permanent residency, green card holders must adhere to specific requirements designed to uphold their status.  

First and foremost, you are required to live in the U.S. for most of the year, as long absences without prior approval can raise questions about your commitment to residency.  

Permanent residents must also comply with all U.S. laws; any criminal convictions, especially serious ones, can jeopardize your green card status.  

Additionally, filing U.S. tax returns is mandatory, even if you earn income abroad, as failing to meet this obligation can have severe consequences for your residency. 

What Are the Hurdles in Obtaining a Green Card? 

The green card process, while rewarding, is fraught with challenges: 

• Lengthy waiting periods: Depending on your eligibility category, the wait for a green card can range from months to years. 
• Stringent eligibility criteria: Meeting the qualifications for family, employment, or humanitarian-based categories can be complex. 
• High costs: Filing fees, legal representation, and associated expenses can total thousands of dollars. 
• Documentation: Gathering and submitting accurate and comprehensive paperwork is critical but often daunting. 
• Risk of denial: Applications can be denied for reasons such as incomplete information, failure to meet criteria, or inadmissibility grounds like health or criminal history. 

Process of Applying and Getting Permanent Residency 

Applying for a green card involves several steps, which may vary based on your eligibility category: 

1. Determine Eligibility 

The first step toward obtaining permanent residency is identifying which category you qualify for — family sponsorship, employment, refugee or asylee status, or another eligible pathway. 

This includes reviewing specific requirements for your chosen category and gathering all necessary supporting evidence, such as proof of a relationship with a U.S. citizen or permanent resident, employment offers, or documentation of humanitarian circumstances.  

2. File a Petition 

Once your eligibility is determined, a sponsor, usually a family member or employer, must file a petition on your behalf. This is done using forms such as Form I-130 (for family-based cases) or Form I-140 (for employment-based cases). In certain categories, like self-petitioning for extraordinary ability, you may file on your own.  

3. Wait for Your Priority Date 

For categories with limited visas, such as siblings of U.S. citizens or certain employment classifications, you must wait until your priority date becomes current. This date, set when your petition is filed, determines your place in line. The waiting time varies depending on your category, country of origin, and annual visa caps, ranging from months to several years.  

4. Submit Green Card Application 

If you’re already in the U.S., you’ll file Form I-485 for Adjustment of Status. If you’re outside the U.S., you’ll undergo consular processing at a U.S. embassy or consulate. This stage requires additional documentation, such as medical exams, financial support affidavits, and identity verification.  

5. Attend Biometrics Appointment 

As part of the background check process, you’ll be required to attend a biometrics appointment. At this appointment, the U.S. Citizenship and Immigration Services (USCIS) collects your fingerprints, photographs, and a signature to confirm your identity and screen for any criminal history.  

6. Attend an Interview 

Most applicants will need to attend an interview with a USCIS officer. During this interview, you’ll be asked questions to confirm the details of your application, including your intentions for immigrating and your eligibility.  

7. Receive a Decision 

After completing all required steps, USCIS will review your application and issue a decision. If approved, you will receive your green card in the mail, granting you permanent residency. If your application is denied, USCIS will provide a written explanation, and you may have the option to appeal the decision or reapply.  

Green Card FAQ 

#1 How long does it take to get a Green Card? 

Timelines vary widely, from a few months for immediate relatives to several years for capped categories like siblings of U.S. citizens. 

#2 Can I work while waiting for my Green Card? 

In most cases, you can apply for a work permit (Employment Authorization Document) while your application is pending.

#3 Is a Green Card the same as citizenship? 

No. While Green Cards grant permanent residency, only U.S. citizens can vote, serve on juries, and hold certain government jobs.

#4 Can a Green Card be revoked? 

Yes, Green Cards can be revoked for reasons such as fraudulent applications, serious crimes, or abandoning residency. 

Conclusion 

Becoming a legal resident of the U.S. is a challenging yet deeply rewarding journey. The process requires patience, dedication, and careful planning, but the benefits — living with your family, pursuing career opportunities, and enjoying a higher quality of life — make it worthwhile. With determination and the right guidance, the "American Dream" is within reach.