Obtaining a green card to gain lawful permanent residency in the United States is often seen as an arduous process shrouded in mystery. With so much misinformation floating around, it can be hard to separate reality from fiction when it comes to eligibility requirements, application procedures, and potential roadblocks. Debunking common myths about the green card process can help clarify your options.
Myth #1: Getting a Green Card Through Marriage Is Easy
While marrying a U.S. citizen or green card holder does open a pathway to permanent residency, it does not automatically guarantee your green card will be approved. To prove that the marriage is legitimate and not just for immigration purposes, applicants must provide evidence such as financial records, photos, affidavits from friends and family, and more.
Immigration authorities will also conduct extensive background checks and interviews with both spouses, asking questions about your relationship to spot any red flags. So, while marriage can facilitate the green card process, approval is not as simple as just saying “I do.” Proving a bona fide, loving relationship takes significant time and documentation.
Myth #2: I Can Easily Get a Green Card by Investing Money in a U.S. Business
Some believe that investing substantial funds in an American business venture can swiftly lead to permanent resident status. However, the EB-5 investor green card program has incredibly rigid requirements. At a minimum, you must invest $900,000 to start a new commercial enterprise in the U.S. or invest $1.8 million to buy an existing business.
Whichever you choose, your investment must then create at least ten full-time jobs for American workers before you can qualify for an EB-5 visa initially. Because of these stringent monetary and job creation demands, an EB-5 green card is accessible only to an elite few. For most people seeking lawful residence, other options make better sense.
Myth #3: Once I Have My Green Card, I’m Set
Unfortunately, getting your actual green card is not the end of your obligations. All green cards must be renewed every ten years (or every two years if conditional). Failing to renew before the expiration date can jeopardize your lawful permanent resident status.
Green card holders must also maintain continuous residence in the United States and avoid remaining abroad too long. Spending more than six consecutive months overseas or over one year total outside the U.S. can lead authorities to presume you abandoned your green card.
In addition, green card holders still have to abide by U.S. laws. Committing certain crimes can trigger removal proceedings where immigration judges may revoke your green card and deport you. The bottom line is that having a green card bestows fundamental rights and requires adherence to obligations.
Myth #4: The Only Green Card Option Is Through Family or An Employer
While many green cards are issued through family relationships or employment, other pathways exist, too. Under the Diversity Visa Lottery program, the State Department randomly selects applicants from low-admission countries to qualify for 55,000 green cards yearly. You submit a free online application, and winners undergo standard eligibility verification and background checks.
Refugees and asylum seekers receiving protection in the U.S. can also later adjust their status to permanent residence once numerically eligible. Victims of serious crimes such as domestic abuse or human trafficking may likewise qualify for special visas transitioning to green cards over time.
Some immigrant minors receive protection under SIJS status or DACA and can become eligible for green cards later on, too. So even without direct family members able to sponsor you or a U.S. company looking to hire you, alternative green card avenues still remain.
Myth #5: Anyone Here Illegally Cannot Get a Green Card
Obtaining permanent residence poses more hurdles for immigrants currently in the U.S. without legal status or who overstayed visas. But it can still happen under certain conditions.
Some married to U.S. citizens or green card holders who entered the country illegally can apply for I-601A provisional waivers before leaving briefly to complete the green card process through a U.S. consulate abroad. Others eligible under section 245(i) adjustment may be able to adjust their status without having to depart if they can prove qualifying relationships.
DACA recipients who have maintained a continuous presence in the U.S. since before the age of 16 and meet other requirements can likewise seek lawful permanent residence by applying for advance parole. The mantra “once illegal, always unable to get a green card” is clearly not always true, thanks to these special provisions.
Myth #6: I Cannot Travel Once I Start the Green Card Process
While travel should be limited once green card applications are filed, brief international trips are typically fine during processing. Those who entered legally can usually take short trips abroad by getting advance parole travel permission to reenter the U.S.
Those adjusting status from within the U.S. can also visit their home countries for emergencies such as funerals through parole. And lawful permanent residents with actual green cards in hand can normally travel internationally without issue as long as they reenter before six months.
However, because each case differs, it’s wise to check with your immigration attorney before traveling during the green card process to avoid complications. Honest early communication ensures you can take necessary trips without endangering your pending permanent residency.
Pride Immigration Can Protect Your Rights During the Green Card Journey
Dealing with the complicated methodology of obtaining U.S. lawful permanent residence can be overwhelming. Let Pride Immigration’s expert green immigration attorneys help guide you. With extensive experience, our lawyers stay on top of the latest policies and legal complexities so you don’t have to.
Trust us to handle the paperwork and help you with the entire process so that you have the best odds of getting what you deserve. Contact Pride Immigration today at (703) 594-4040 or online to book an appointment.
Beeraj Patel, Esq.
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