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. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 12.8 million green card holders, of whom almost 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
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.Al-Sharif v. United States Citizenship and Immigration Services, 734 F.3d 207 (3d Cir. 2013) (en banc) (holding that an LPR convicted of an aggravated felony cannot obtain U.S. citizenship); see also Mobin v. Taylor, 598 F.Supp.2d 777 (E.D. Va. 2009) (same). Those who are younger than 18 years old automatically receive U.S. citizenship if they have at least one U.S. citizen parent.Khalid v. Sessions, 904 F.3d 129 , 131 (2d Cir. 2018) (case involving a U.S. citizen in removal proceedings)
The card is known as a "green card" because of its historical greenish color. It was formerly called a "certificate of alien registration", "Resident Alien Card" or an "alien registration receipt card"., 732 (5th Cir. 2018 (888 F.3d 724)). A holder of a green card must carry it with them at all times.Absent exceptional circumstances, 'Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both': INA § 264(e) , ("Personal possession of registration or receipt card; penalties").
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.See generally Agor v. Sessions, No. 17‐3231 (2d Cir. September 26, 2018) ("Although federal courts are barred from reviewing a discretionary denial of an adjustment application, we retain jurisdiction to review an applicantʹs eligibility to adjust.") (summary order); Alimbaev v. Att'y, 872 F.3d 188 , 194 (3d Cir. 2017) (same); Bonilla v. Lynch, 840 F.3d 575 , 581-82 (9th Cir. 2016) (same). Immigrant workers who would like to obtain a green card can apply using form I-140.
An LPR could become "removable" from the United States after suffering a criminal conviction, ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also Galindo v. Sessions, 897 F.3d 894 , 897 (7th Cir. 2018); Tima v. Att'y Gen., 903 F.3d 272 , 277 (3d Cir. 2018) ("Section 1227 defines '[d]eportable aliens,' a synonym for removable aliens.... So § 1227(a)(1) piggybacks on § 1182(a) by treating grounds of inadmissibility as grounds for removal as well."). 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". ("The term [aggravated felony] applies to an offense described in this paragraph ... and applies to such an offense ... for which the term of imprisonment was completed within the previous 15 years."); Matter of Vasquez-Muniz, 23 I&N Dec. 207 , 211 (BIA 2002) (en banc) ("This penultimate sentence, governing the enumeration of crimes in section 101(a)(43) of the Act, refers the reader to all of the crimes 'described in' the aggravated felony provision."); Luna Torres v. Lynch, 578 U.S. 452, ___, 136 S.Ct. 1623 , 1627 (2016) ("The whole point of § 1101(a)(43)'s penultimate sentence is to make clear that a listed offense should lead to swift removal, no matter whether it violates federal, state, or foreign law."); see also (t) ("The term aggravated felony means a crime (or a conspiracy or attempt to commit a crime) described in section 101(a)(43) of the Act. This definition is applicable to any proceeding, application, custody determination, or adjudication pending on or after September 30, 1996, but shall apply under section 276(b) of the Act only to violations of section 276(a) of the Act occurring on or after that date.") (emphasis added).
History
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."
Illegal Immigration Reform and Immigrant Responsibility Act
On September 30, 1996, President Clinton signed into law the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).Othi v. Holder 734 F.3d 259 , 264-65 (4th Cir. 2013) ("In 1996, Congress 'made major changes to immigration law' via IIRIRA.... These IIRIRA changes became effective on April 1, 1997.").
An LPR can file an application for naturalization after five years of continuous residency in the United States. ("Requirements of naturalization"); see also ; ("Eligibility"); ("Prerequisite to naturalization; burden of proof"). This period may be shortened to three years if married to a U.S. citizenSee generally ("Persons living in marital union with United States citizen spouse"). or one year during service with the U.S. armed forces. 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.
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.Visa Bulletins State DepartmentCheck Case Processing Times USCIS
2019 "public charge" restrictions on awarding Green cards 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. 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. 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. The Trump administration estimated that 58% of households headed by non-citizens use a public welfare program and half use Medicaid. The Migration Policy Institute estimated that half of all Green Card applicants would be excluded by the rule.
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." 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." The law center announced it would sue to prevent the policy from taking effect.
During his campaign for President of the United States, Joe Biden criticized the Public Charge rule and pledged to revoke it. On February 2, 2021, President Biden signed an executive order that the U.S. Department of Homeland Security review the policy, amongst others. In 2025, president Donald Trump began deportation proceedings against permanent residents Mahmoud Khalil, Yunseo Chung and Mohsen Mahdawi related to political activism.
Types of immigration
A foreign national may obtain permanent residency in the United States primarily through the following: Sponsorship by a family member Employment (immigrant workers and investors) Apply as a special immigrant (religious worker) Apply as human trafficking and crime victims Apply as victims of abuse Other categories (e.g. Diversity Visa) Through registry (For certain people who have resided continuously in the U.S. since before Jan. 1, 1972)
Immigration eligibility and quotas