A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States.[1][2] Green card holders are formally known as lawful permanent residents (LPRs). As of 2023[update], there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens.[3] Approximately 18,700 of them serve in the U.S. Armed Forces.[4]
Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.[5][6] Those who are younger than 18 years old automatically derive U.S. citizenship if they have at least one U.S. citizen parent.[7][8]
The card is known as a "green card" because of its historical greenish color.[9][10] It was formerly called a "certificate of alien registration" or an "alien registration receipt card".[11] Absent exceptional circumstances, immigrants who are 18 years of age or older could spend up to 30 days in jail for not carrying their green cards.[12]
Green card applications are decided by the United States Citizenship and Immigration Services (USCIS), but in some cases an immigration judge or a member of the Board of Immigration Appeals (BIA), acting on behalf of the U.S. Attorney General, may grant permanent residency in the course of removal proceedings. Any authorized federal judge may do the same by signing and issuing an injunction.[13] Immigrant workers who would like to obtain a green card can apply using form I-140.[14][verification needed]
An LPR could become "removable" from the United States after suffering a criminal conviction,[15] especially if it involved a particularly serious crime or an aggravated felony "for which the term of imprisonment was completed within the previous 15 years."[16][verification needed]
The Immigration and Naturalization Service was formed as part of the Department of Labor in 1933, and in 1940 was moved under the Department of Justice along with the Nationality Act of 1940. During the 1940s the predecessor to the "Permanent Resident" card was the "Alien Registration Receipt Card" which on the back would indicate "Perm.Res" in accordance with the Immigration Act of 1924.
The INA, which was enacted by the U.S. Congress in 1952, states that "[t]he term 'alien' means any person, not a citizen or national of the United States."[17]
On September 30, 1996, President Clinton signed into law the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).[18]
An LPR can file an application for naturalization after five years of continuous residency in the United States.[5][19] This period may be shortened to three years if married to a U.S. citizen[20] or one year during service with the U.S. armed forces.[21] An LPR may submit their applications for naturalization as early as 90 days before meeting the residency requirement. In addition to continuous residency, the applicants must demonstrate good moral character, pass both an English test and a civics test, and demonstrate attachment to the U.S. Constitution. In the summer of 2018, a new program was initiated to help LPRs prepare themselves for naturalization.[22][23]
Like U.S. citizens, LPRs can sponsor certain family members to immigrate to the United States, but the number of family members of LPRs who can immigrate is limited by an annual cap, and there is a years-long backlog.[24][25][26]
On August 12, 2019, U.S. Citizenship and Immigration Services (USCIS) formally announced a new rule restricting poorer immigrants from attaining LPR status. Under the rule, which was slated to take effect on October 15, 2019, legal immigrants who have received public benefits such as Supplemental Security Income, Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, Medicaid, and public housing assistance for more than a total of twelve months may be classified as a "public charge" ineligible for permanent residency.[27] Immigration official may investigate the health, income, wealth, education, and family of applicants for permanent residency to predict whether they will become a public charge in the future.[28] The term "public charge" appears in the Immigration and Nationality Act, but is not defined by the law. Refugees, asylum seekers, pregnant women, children, and family members of those serving in the Armed Forces are excluded from the restrictions.[27] The Trump administration estimated that 58% of households headed by non-citizens use a public welfare program and half use Medicaid.[29] The Migration Policy Institute estimated that half of all Green Card applicants would be excluded by the rule.[27]
Kenneth T. Cuccinelli II, the former acting director of USCIS, stated the policy will "have the long-term benefit of protecting taxpayers by ensuring people who are immigrating to this country don't become public burdens, that they can stand on their own two feet, as immigrants in years past have done."[27] The National Immigration Law Center stated that the rule "will have a dire humanitarian impact, forcing some families to forgo critical lifesaving health care and nutrition. The damage will be felt for decades to come."[28] The law center announced it would sue to prevent the policy from taking effect.[27]
During his campaign for President of the United States, Joe Biden criticized the Public Charge rule and pledged to revoke it.[30] On February 2, 2021, President Biden signed an executive order that the U.S. Department of Homeland Security review the policy, amongst others.[31]
A foreign national may obtain permanent residency in the United States primarily through the following:[32][33][23]
Applications for permanent resident cards (green cards) were decided by the Immigration and Naturalization Service (INS) until 2003 when the INS was abolished and replaced by the current Department of Homeland Security (DHS).[40] The whole process may take several years, depending on the type of immigrant category and the country of chargeability. An immigrant usually has to go through a three-step process to get permanent residency:[41]