Permanent Residency (United States)

Permanent Residency (United States)
Name	Permanent Residency (United States)
Caption	United States Permanent Resident Card ("Green Card")
Issued by	United States Citizenship and Immigration Services
Type	Immigration status
Eligibility	Immigration and Nationality Act, family-based, employment-based, refugee/asylee adjustment
Status	Lawful Permanent Resident

Permanent Residency (United States) Permanent residency in the United States confers Lawful Permanent Resident status via the United States Citizenship and Immigration Services framework and the Immigration and Nationality Act. Holders receive the Permanent Resident Card issued under policies shaped by administrations such as Department of Homeland Security, courts like the United States Court of Appeals for the Ninth Circuit, and statutes enacted by the United States Congress. The status interfaces with procedures from United States Customs and Border Protection at ports of entry and adjudication by the Executive Office for Immigration Review.

Overview

Permanent residency grants noncitizens the authorization to live and work permanently in the United States under rules established by the Immigration and Nationality Act and implemented by the Department of Homeland Security and United States Citizenship and Immigration Services. The card itself evolved through legislation influenced by events like the Immigration Act of 1990 and judicial decisions from the Supreme Court of the United States, including precedents set in cases adjudicated by circuits such as the United States Court of Appeals for the Second Circuit and the United States Court of Appeals for the Ninth Circuit. International agreements such as the Visa Waiver Program and treaties like the North American Free Trade Agreement have indirectly affected immigration flows and policy.

Eligibility and Categories

Eligibility is divided into statutory categories created by the Immigration and Nationality Act and amended by congressional acts like the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Major categories include family-sponsored preference immigrants (spouses and immediate relatives of United States citizens), employment-based preferences influenced by agencies like the Department of Labor, refugee and asylee adjustments linked to the United Nations High Commissioner for Refugees, and diversity immigrants selected through the Diversity Immigrant Visa program established by Congress. Special categories derive from laws such as the Refugee Act of 1980, the Cuban Adjustment Act, the Amerasian Homecoming Act, and programs like the EB-5 Immigrant Investor Program. Humanitarian protections involve statutes and policies at United Nations forums and decisions referencing international instruments.

Application and Adjustment of Status

Applications proceed via forms and processes administered by United States Citizenship and Immigration Services, including Form I-485 for adjustment of status and consular processing through the United States Department of State at embassies and consulates. Petitions often begin with Form I-130 filed by family members or Form I-140 filed by employers, with labor certification managed by the Department of Labor. Visa allocation follows the Visa Bulletin published by the United States Department of State. Adjudications may be appealed to the Administrative Appeals Office and litigated in federal courts including the United States District Court for the Southern District of New York. Enforcement and inspection interface with United States Customs and Border Protection and Immigration and Customs Enforcement.

Rights and Responsibilities

Lawful Permanent Residents possess rights such as authorization to work under federal statutes enforced by the Social Security Administration and access to certain public benefits administered by agencies like the Department of Health and Human Services subject to eligibility rules from Congress. Responsibilities include compliance with immigration law, tax filing obligations under the Internal Revenue Service, and adherence to criminal statutes prosecuted by offices such as the United States Attorney General; criminal convictions under statutes like the Immigration and Nationality Act can affect status. LPRs may sponsor relatives through petitions to United States Citizenship and Immigration Services and must update address information per requirements codified by federal regulation.

Conditional Residency and Removal of Conditions

Certain green cards are conditional, notably for spouses under provisions added by Congress and implemented by United States Citizenship and Immigration Services. Conditional residents who obtained status through marriage or investment (e.g., provisions of the Immigration and Nationality Act and the EB-5 Immigrant Investor Program) must file petitions such as Form I-751 or Form I-829 to remove conditions within statutory deadlines; adjudication may involve evidence of bona fide relationships or sustained investment. Denials can be appealed through the Administrative Appeals Office and litigated in federal appellate circuits like the United States Court of Appeals for the Fourth Circuit.

Abandonment, Termination, and Deportation

Residency can be considered abandoned by prolonged absence adjudicated at ports of entry by United States Customs and Border Protection or administratively terminated under provisions of the Immigration and Nationality Act. Grounds for removal (deportation) include criminal convictions and immigration violations and are prosecuted in removal proceedings before the Executive Office for Immigration Review and immigration judges; appeals may proceed to the Board of Immigration Appeals and federal courts including the United States Court of Appeals for the Eleventh Circuit. Congressional reforms such as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 have expanded grounds for inadmissibility and removability.

Pathways to U.S. Citizenship

Naturalization from permanent residency is governed by the Immigration and Nationality Act and administered by United States Citizenship and Immigration Services via Form N-400. Requirements include continuous residence, physical presence, and good moral character; waivers and exceptions derive from statutes and cases adjudicated by the Supreme Court of the United States and federal circuits. Historical shifts in citizenship pathways have been guided by legislation such as the Nationality Act of 1940, judicial rulings from the United States Court of Appeals for the Ninth Circuit, and executive policies shaped during presidencies including those of Barack Obama and Donald Trump.

Category:Immigration to the United States