How to get a green card in the USA: an overview of methods

The United States Green Card (United States Permanent Card) is a foreigner’s identification document that confirms the right to permanent residence in America (LPR, Lawful Permanent Resident). A green card holder can study, work, do business, and receive social security benefits and health care in the United States. The acquisition of the United States Permanent Resident Card is regulated by the Immigration and Nationality Act and other US regulations.

A green card is issued on the basis of family ties with an American, investment in the state economy, employment, as well as through refugee status or winning the Diversity Visa Lottery. First of all, the applicant opens an immigrant visa of the appropriate type, enters the United States and receives a green card within the time limits provided by law. After 5 years of permanent residence in the state, the owner of this identity card has the right to request a passport. How to apply for long-term residence in America, and why you need a US green card – further in the article.

What does a US green card give?

Permanent residence in America (LPR) has significant advantages compared to temporary residence in the state or a work permit in a certain field. The advantages that a United States green card gives a foreigner:

• acquiring permanent residence for your spouse and unmarried children under 21 years of age;
• official work in the country (except for vacancies not provided for green card holders for reasons of state security);
• creating and running a business in America ;
• purchasing real estate in the USA and registering it in your name;
• obtaining education at any university in the country;
• issuance of an American driver’s license;
• the opportunity to buy and register a car in your name;
• social benefit for a green card in special cases provided for by law;
• medical care in American health care institutions;
• registration of citizenship after 5 years of continuous stay in the United States.

What does a Green Card look like and what types are there?

The American Lawful Permanent Resident ID looks like a plastic green card. This certificate contains the owner’s personal data, as well as information on the basis on which the document was issued. There are different types of green cards, the certificate indicates for whom it is issued:

• family members;
• officially employed persons;
• special immigrants;
• victims of human trafficking and crime;
• refugees;
• owners of other categories;
• victims of abuse;
• persons who previously resided in the United States before January 1, 1972.

Legal grounds for obtaining a US green card

The rules for foreigners to obtain a US green card are set out in the Immigration and Nationality Act of 1952, as well as the Policy Manual of the Citizenship and Immigration Services (USCIS). According to these regulations, there are different ways to obtain an American green card. The following categories of foreigners can request a permanent resident card:

• Diversity Visa Lottery participants;
• persons who have established a business in the United States or have invested in an existing enterprise;
• family members of American citizens and permanent residents of the state;
• refugees, victims of human trafficking and other crimes;
• highly qualified workers, scientists and researchers.

Employment

Foreign professionals who have the appropriate qualifications and experience may seek permanent residence (LPR) in the United States through employment. To move, the applicant must find a position in a local company, be included in the quota established by the state for each position, obtain an immigration visa and apply for a green card of the appropriate category:

• EB-1 – for individuals with outstanding achievements in the fields of science, education, art, sports, business, researchers and professors, as well as multinational managers and executives of certain companies;
• EB-2 – for foreigners who have appropriate qualifications, scientific degrees or exceptional abilities in a field that is a priority for the state;
• EB-3 – for qualified specialists who fall within the annual quota established by the US government;
• EB-4 – for special categories of foreigners: religious figures, special immigrant minors, certain global media broadcasters.

The process of employing a foreigner in America in most cases involves a preliminary application by the employer (except for persons with extraordinary abilities). The employer submits documents about the applicant’s relevant education and experience to the Department of Labor and the United States Citizenship and Immigration Services (USCIS). A foreign specialist can be placed on staff only after these departments have approved the employee’s candidacy, submitted Form I-140 (invitation to work), and the availability of available places in accordance with the annual quota established for each type of activity. Form I-693 (Medical Examination) is provided along with the package of documents.

The time frame for obtaining the right to work is on average about 180 days. This permit allows a foreign specialist to freely work in different companies (in the same position or specialization) during the process of considering an application for a green card.

Family reunification

Americans and green card holders have the right to invite close relatives to live with them permanently. Residents can apply for a family visa for their spouse and unmarried children under 21 years of age. US citizens can request residency for a husband, wife, father, mother, brother, sister, and children of the marriage. The main documents that allow you to submit an application for family reunification are forms about civil status and family ties.

Investment activities

Persons who have invested significant funds in the economy of the United States of America can open an immigrant visa for investment (type EB-5) and move to the territory of the state. To receive it, one of the following conditions must be met:

• invest USD 1,050,000 or more in a new American enterprise;
• invest a minimum of 800,000 USD in an infrastructure project or a separate area of ​​activity.

The investor is obliged to contribute to the creation of at least 10 jobs for qualified specialists at the new enterprise and pay taxes on time. The company or project must also benefit the US economy. An EB-5 immigrant visa, as well as a residence permit, are available to the investor, his spouse and children under 21 years of age. Foreigners who have invested in the American economy can apply for a green card after entering the United States.

Refugee status

Persons who wish to apply for international asylum in America should register with the state diplomatic mission abroad to participate in the United States Refugee Admissions Program (USRAP). The information is verified by a consular officer and then forwarded to USCIS. To obtain asylum in America for a foreigner and his close relatives, they must meet the following criteria:

• not be prohibited from entering the United States;
• be subject to unjustified persecution on racial, national, religious, political and other grounds;
• be outside of America;
• do not have the right to reside in another state;
• be of particular humanitarian concern to the United States Government.

Based on USCIS approval of the asylum application, the foreigner receives a free visa to America and financial assistance to purchase tickets. After moving to the United States, the refugee is provided with assistance in the adaptation process, learning the language and finding a job. For 12 months, a foreigner receives social support necessary for staying in the state and a full medical examination.

Refugee status allows a foreigner to work and study in America without obtaining additional permits. After a year of stay in the United States on this basis, the foreigner and close members of his family can submit a petition to USCIS for a green card. A refugee has the right to request a passport after 5 years of living in a country with a valid green card.

Diversity Visa Lottery

The annual diversity visa program approved by American law allows migrants to legally move to the United States. In case of winning the DV lottery, the applicant has the right to obtain permanent resident status. Citizens of states with historically low levels of immigration to the United States have the right to take advantage of this opportunity. Individuals who have fulfilled all the conditions of the program can participate: they have confirmed the availability of appropriate education and filled out the application correctly.

An alien who wins the Diversity Visa Lottery may, on this basis, request a DV immigrant visa from the United States diplomatic mission at his place of residence. Together with the main applicant, his/her spouse and children under 21 years of age (unmarried) can legally immigrate. Participation in the DV lottery is free, however, when applying for a visa through the American Embassy, ​​a foreigner pays a consular fee of 330 USD and a USCIS registration fee to obtain a green card (220 USD).

How to win the Green Card lottery

Obtaining a diversity visa based on the Diversity Visa Lottery is not available to every participant due to quotas established by the American government. For 2024, the US Department has allocated 55,000 Diversity Visas for foreigners who win the DV lottery. Typically the number of registrants is around 15,000,000. The DV program automatically conducts a competition and selects no more than 115,000 applicants, among whom immigrant visas are then distributed. At the same time, the number of applicants from a particular state cannot exceed 7% of the annual number of Diversity Visa.

Citizens of countries with high levels of immigration to the United States who were born in another country, provided that their parents were also not native-born residents at the date of birth, can participate in the Diversity Visa Lottery. If the applicant’s spouse is from a state with a low rate of immigration to America, they are eligible to file a petition regardless of the state in which the participant in the drawing currently resides.

To win a green card in the USA, the applicant must correctly fill out the DV form online and attach a recent photo to the application. Additional documents are submitted to the American consulate if the foreigner wins and proceeds to the Diversity Visa application stage. Registration for participation in the Green Card drawing is carried out within the deadlines established by the government. In 2022, applications for the DV-2024 program were submitted from October 5 to November 8 before 12:00. Participants should not complete the application in the last days, as a large number of applicants increases the processing time of applications, and the last of them may not fall within the stipulated submission period.

The selection results for applicants who applied for a Diversity Visa through the DV-2024 program will be announced by September 30, 2024. The lottery allows applicants to open a visa and receive a green card.

Requirements for the drawing participant

In addition to fulfilling the conditions relating to residence in a state whose citizens are eligible to participate in the Diversity Visa Lottery, the applicant must meet the following mandatory requirements:

• have a complete secondary education or its equivalent (studying at school or a specialized educational institution);
• Confirm your work experience (at least 2 years of qualified work experience that is included in the list of occupations in the US Department of Labor database).

How to fill out and submit an application

An application for participation in the Green Card lottery is completed online, in the form of an electronic registration form such as E-DV or DS-5501. There is only one official website of the American Department of State, where you can read detailed instructions (Diversity Visa Instructions) before filling out the form in the system. You must apply for a green card in the United States on the Electronic Diversity Visa portal only within the period provided by law. The E-DV or DS-5501 form is completed electronically; you cannot download it and submit it by mail or in person.

The Diversity Visa Lottery application must be completed in English. American law allows for no more than one application form from each applicant. After successfully registering in the system, correctly filling out the application and submitting a photograph of the foreigner in digital format, the Electronic Diversity Visa website system automatically assigns a personal number to the participant. This code should be saved – it allows you to check the status of the case (Entrant Status Check) on the US Department of State website.

If a foreigner wins the DV lottery, he will receive this information exclusively using a unique number entered into the appropriate online form. The United States Department of State and its diplomatic missions do not notify selected Diversity Visa Lottery participants in any way. Successful applicants should immediately schedule an online interview at the nearest U.S. consular office.

What documents need to be provided

Persons who win the DV lottery must submit a request for a visit to the consulate, scan the required documents, as well as their translations, and send these files to the email of the Kentucky Consular Center (KCC). Depending on the individual situation of the applicant, you must provide:

• a photocopy of a foreign passport containing biographical data (photo, name, date and place of birth);
• birth certificate, and in its absence, a document on baptism, adoption, as well as a notarized statement of one or both parents;
• a copy of the court record, with information about all the circumstances of the case, as well as the court decision (if applicable);
• a police certificate containing a report on the interaction of a foreigner over 16 years of age with law enforcement agencies (arrests, arrests and administrative penalties, if any, are indicated);
• a copy of the military ID (for persons who served in the army in their home country or any other state);
• a photograph taken no later than six months before the submission date, clear in color, with the size of the applicant’s head at least 50–69% of the total area of ​​the photograph: 51 x 51 mm.

Applicants, in addition to scanned copies of forms sent to the KSS, prepare a package of documents for submission to the embassy. Before the date of the interview at the consular office, foreigners undergo a mandatory medical examination (including vaccinations) in their country of permanent residence. The examination must be carried out by an authorized doctor, whose name is on the list of recommended ones on the embassy’s website. For an interview at an American diplomatic mission, a Green Card lottery participant must take the following documents:

• 2 color photos (51 x 51 mm);
• information about the appointment of the visit (you should print confirmation of winning Entrant Status Check;
• confirmation of the online form DS-260, indicating the date of the visit to the consulate;
• foreign passports of all family members indicated in the main applicant’s application form, valid for six months after the expected date of entry into America;
• documents previously sent by email to KCC (Kentucky Consular Center);
• results of a medical examination (the doctor’s report is submitted only in unprinted form);
• evidence of the required education or work experience (certificate of completion of school or other educational institution, certificate of qualified work experience for 2 years, for the last 5 years);
• deportation documentation (authorization to reapply from USCIS for individuals who have previously been removed or deported from America at government expense);
• marriage certificate – original or notarized copy;
• divorce forms (divorce decree, death certificate, certificate of annulment, if applicable);
• documents for adopted children, including a police certificate with a decision on the legal detention of the child (if applicable);
• check for payment of state duty (330 USD).

How to get a green card after winning

A foreign applicant who has received confirmation on the Electronic Diversity Visa website of successful selection under the Green Card program must go through several more stages to successfully move to America. The applicant should sequentially carry out the following steps:

1. Submit a request for an interview at the consulate .
   To visit a U.S. diplomatic mission at the place of residence, a foreigner fills out Form DS-260 online on the U.S. Department of State website. To submit a request, you must enter the registration number of the lottery participant. The system automatically processes the form, after which the applicant receives an email with the specified date and time of the interview at the consular office. This notice page should be printed and provided prior to your interview.
2. Prepare documents .
   Forms that are sent by email to KSS, and also presented during the visit, must have a certified translation and comply with the requirements of American law. The applicant must undergo a medical examination in advance, check the validity periods of the documents and pay the state fee.
3. Pass interviews with the consul .
   The interview at the embassy is conducted in English. The agency officer asks standard interview questions to the applicant and all family members included in the applicant’s application. After the interview, invited persons submit digital fingerprints. The consular officer determines during the visit whether the applicant will receive a DV immigrant visa and reports this at the end of the meeting.
4. Pick up your passport with visa .
   The applicant and accompanying relatives receive an identification card with a US DV visa. Aliens are also given an immigration packet that contains documents to present to a US Customs and Border Protection officer upon entry into the country. The envelope cannot be opened. After receiving a visa, but before crossing the American border, a USCIS immigration fee of 220 USD is paid for each family member. The process of obtaining green cards begins at this stage.
5. Enter the United States .
   The move is carried out before the expiration of the DV visa, which is usually issued for up to six months. The applicant can enter alone or together with his accompanying relatives. Family members cannot cross the border without the main applicant. If the green card has not yet been issued to the applicant by USCIS, the applicant is still considered a permanent resident of the United States under an immigrant visa and is entitled to all the benefits of LPR status.
6. Get a green card .
   Green cards are issued by the US State Department . The period for consideration by the department of a case on granting a green card to a foreigner takes at least 12 months. The applicant receives this identification card by mail. The green card is valid for 10 years; it can be replaced 6 months before the end of this period.

The procedure for obtaining a Green Card on other grounds

Foreigners who wish to purchase a green card other than through the Diversity Visa Lottery go through the following stages of legalization in the USA:

1. Filing a petition with USCIS .
   A family member who lives in the United States, an employer, a foreign worker, or an investor must file a petition with USCIS or the Department of Labor. This document confirms the legality of the basis for further registration of permanent residence. The cost of filing an application varies from 535 to 3675 USD. Once the department approves the petition, it is forwarded to the National Visa Center (NVC), where it is assigned an entry number.
2. Opening an immigrant visa .
   A foreigner fills out online form DS-261 or DS-260 through the Consular Electronic Application Center using the petition number, attaches scanned copies of documents and pays government fees (from 205 USD depending on the basis). Once the application is processed by USCIS, the US diplomatic mission will notify the applicant of a scheduled visa interview date. To the meeting, the applicant brings originals and copies of previously submitted online forms, as well as the results of a medical examination. If the interview is successful, the foreigner is issued a visa of a certain category and a sealed package of documents for moving to America.
3. Entry into the United States .
   Aliens who have received an immigrant visa and accompanying family members have the right to cross the US border. Separate from the applicant, a spouse or children may enter the state only if he or she immigrated first. Upon arrival at the border, the foreigner provides the customs officer with a sealed envelope with the documents that he received during his visit to the consulate.
4. Providing a green card .
   USCIS begins reviewing an application for US permanent resident status (LPR) when the form is submitted through the Consular Center. Also, a foreigner has the right to request a green card after entering the United States. The processing time for an application is one year. Applicants receive a green card by mail.

Is it possible to get a green card without knowing English?

Persons who wish to obtain an American green card are not required to demonstrate English language proficiency during the process of acquiring permanent resident status. However, qualified specialists applying for a green card based on work in the United States will not be able to work for an American company without speaking the official language. Relatives of Americans, investors, refugees and Diversity Visa Lottery participants are not required to demonstrate English proficiency.

Registration cost

The cost of translation and certification of forms depends on the country and the number of potential immigrants. The price for a medical examination varies from state to state. The table provides information on how much a green card costs in the USA if it is issued based on winnings in the Diversity Visa Lottery.

Types of expenses		Cost, $
Translation and notarization of the document, 1 page		15
Passing a medical examination (without vaccinations)	adults	210
	children under 15 years old	150
State fee for issuing DV visa		330
US Immigration Green Card Fee		220

Loss of US Resident Status

A US green card holder may lose this document due to the procedure for revocation of American permanent resident status. The United States government has the right to begin the process of revoking an alien’s green card at any time within 5 years after the initial issuance of the certificate. An applicant may lose LPR status if he:

• was not legally eligible to receive a green card;
• was convicted of fraud;
• moved to another state with the intention of permanently residing there;
• declared himself a non-resident on his tax returns;
• was absent from the United States for more than 6 months without a valid reason;
• entered into a fictitious marriage with an American citizen.

If an immigration judge issues a final order of removal of a green card holder from the United States, the alien cannot appeal and regain the lost status. The applicant then begins a new immigration process.