Green Card Application FAQs

Legally Reviewed
Fact-Checked

 Common Questions About the Green Card Application Process

A green card, also known as a permanent visa, is a type of immigration document issued to persons who have been granted Lawful Permanent Resident (LPR) status. A lawful permanent resident is not a full U.S. citizen. However, green card holders have many rights, such as:

  • The right to work in the U.S.
  • The right to live permanently in the U.S.
  • The right to apply for educational financial aid
  • The right to start a business

There are three basic avenues through which an immigrant can obtain a green card:

  • Employment
  • Marriage
  • Through a relative

Where Can I Get a Green Card Application?

Green card applications are available for free online. They may be downloaded through the official U.S. Citizenship and Immigration Services (USCIS) website.

How Much Does It Cost?

The green card application should not cost anything. However, there are filing fees associated with each type of green card form. An application will not be considered unless the filing fee is paid.

The main green card application document is Form I-485. This form is called the “Application to Register Permanent Residence or Adjust Status.” The filing fee is $985. If biometric data is required, there is an $85 fee, bringing the total filing fees to $1,070.

There are also filing fees associated with every green card-related form that must be submitted. Filing fees may vary by green card category.

Some other green-card based filing fees include:

  • Form I-698, Petition to Change Status from Temporary Resident to Permanent Resident: $1,020
  • Form I-130, Petition for Alien Relative: $420
  • Form I-129F, Petition for Alien Fiancé: $340
  • Form I-90, Petition to Replace Green Card: $365

Finances can be a major factor in immigration matters, making it very important to be prepared for the basic fees as well as any extra additional costs.

Are There Fee Waivers Available?

Form I-912, “Request for Fee Waiver” is available for certain green card applications.
Not all applicants qualify for a fee waiver. To be eligible for a fee waiver, several requirements must be met, including having a household income below the poverty level or other types of extreme financial hardship.

What Else Is Involved?

A person filling out a green card application needs to fulfill three basic requirements:

  • They must have a U.S. citizen petition them, such as an employer or relative
  • They must file their green card application at a U.S. consular office or embassy
  • They must meet all the requirements for admissibility

After meeting these basic requirements, the applicant may then have several follow-up steps, such as interviews and submitting additional information. For example, most green card applicants will be asked to provide supplemental documentation, such as a valid passport, photographs, birth certificates, marriage or divorce documents, proof of financial income, and medical exam reports.

Have There Been Any Updates to the Process of Becoming a United States Citizen?

Yes, the process of becoming a United States citizen has been updated, which includes stricter standards for evaluating good moral character, a more challenging civics test, and a new Form N-400.

Good Moral Character Standards

The USCIS raised the standards for the mandatory good moral character requirement. It will now take into consideration a broader range of an applicant’s personal history, including their positive contributions, for example, tax compliance, stable employment, and community involvement, instead of just noting an absence of negative behaviors.

The USCIS also has started back the practice of making local inquiries, which can include speaking with neighbors and employers in order to verify an applicant’s character and eligibility. It is important to be aware that there are certain disqualifying factors.

These may include unlawfully voting, unlawfully registering to vote, and making false claims to U.S. citizenship. These actions can disqualify an applicant from demonstrating good moral character.

Civics Test

The civics test now includes 128 questions, expanded from 100 questions. These focus on American history and constitutional principles. During the interview process, the number of questions has doubled from ten to 20.

In addition, an applicant must correctly answer 12 questions correctly. Previously, the applicant was required to correctly answer six to pass.

The parts of the civics test that cover the English language, which include speaking, reading, and writing, have not been changed.

Form N-400

There is an updated version of Form N-400, or the Application for Naturalization. This version went into effect on March 4, 2025 for all applicants.

What is the Difference Between an “Immigrant” and a “Non-Immigrant” Visa?

Immigrant visas are given to people who intend to stay in the United States permanently. Non-immigrant visas are given to people who intend to stay temporarily, such as for educational purposes or to obtain medical treatment.

Can a Non-Immigrant Visa Lead to Getting an Immigrant Visa?

Yes, having a non-immigrant visa can lead an individual to getting an immigration visa, or a Green Card, through an adjustment of status. There are certain specific eligibility requirements that the applicant will have to meet.

There may also be some very important updates for temporary visa applications, so it is essential to consult with an immigration attorney for any type of visa or Green Card application. For example, all new petitions filed after September 21, 2025 for an H-1B visa, which is a type of temporary work visa, now requires an employer to pay a $100,000 application fee through the United States Treasury website.

Can Temporary Visas and Citizenship Issues Be Related?

Yes, temporary visas and citizenship issues may be related. Someone may be in the U.S. on a temporary visa but may find themselves involved in a different type of citizenship issue.

For example, if an individual has a child while they are in the United States on their visa, their child may become what is referred to as an anchor baby, because they may serve as an anchor to help them or other extended family members immigrate at a later time.

When the child reaches the age of 21, they can petition the USCIS to obtain immigrant status for non-citizen parents. This, as well as birthright citizenship, can be controversial issues, as having a child while in the U.S. can be perceived as a pathway to eventual citizenship for a child’s parents who came to the U.S. on a travel visa or illegally.

If a child was born to someone who was in the U.S. on a temporary visa, that child may be eligible for birthright citizenship. This would mean that the child is a U.S. citizen regardless of the citizenship of their parents.

These concepts are subject to change, especially when there are changes in presidential administrations, which will be further discussed below. Due to the potential for updates and changes to immigration laws in the future, it is very important to consult with an immigration lawyer for any questions or issues related to temporary visas, Green Cards, or any other citizenship issues.

What About Political Asylum and Refugee Immigration Status?

Both political asylum seekers and refugee seekers are on the path to United States citizenship. Asylum is sought by someone already in the U.S. fearing persecution in their home country.

Asylum seekers are not automatically given green cards, but can apply one year after they have been granted asylum. This changes their temporary protected status into lawful permanent residence.

A refugee is someone who wants to come to the U.S. due to fear of being persecuted in their home country. They must apply for a Green Card after they have been physically present in the United States for one year. This will change their temporary protected status into lawful permanent residence.

The laws that govern these concepts, their applications, and the requirements can be updated at any time, especially with changes in presidential administrations, which will be further discussed below.

What Are Examples of How These Immigration Laws Can Change?

The laws discussed below are executive orders that impact the areas of immigration law discussed above and show how immigration laws may be changed, especially when presidential administrations change. These executive orders include:

  • Executive Order Guaranteeing the States Protections Against Invasion: Prohibits all from coming into the U.S. at the southern border, including asylum seekers
    • Can be admitted by the Secretary of State and Department of Homeland Security on a case-by-case basis
  • Executive Order Realigning the United States Refugee Admissions Program (USRAP): Limits ways to legally enter the U.S.
    • Suspended pending further evaluation
    • Admitted on a case-by-case basis
  • Executive order Protecting the Meaning and Value of American Citizenship: Terminates birthright citizenship
    • One parent must be a permanent resident or a citizen
    • Not being enforced because of a preliminary injunction
  • Executive Order Protecting the American People Against Invasion: Enforcement policies for unlawful presence, illegal entry, and removing unlawfully present individuals
    • Expands expedited removal

What Happens if I Overstay My Visa?

If you stay in the United States longer than your visa permits, you could be deported and barred from seeking a visa again in the future. When someone overstays their visa, they lose their legal status, which means their visa becomes void.

They can be banned from re-entering in the future, anywhere from three to ten years or the bar may be permanent. It is important to be aware that, if someone does overstay their visa, they will be considered an illegal immigrant and can be detained by Immigration and Customs Enforcement (ICE).

When a person is having an interaction with an ICE agent, they do have some important rights, similar to those rights criminal defendants have. This includes the right to remain silent if they are asked questions about their immigration status as well as the right to decline to provide consent for ICE to conduct a search.

These rights are provided under case laws that hold that detainees are given these rights under the Fourth and Fifth Amendments, including in immigration situations. If someone is in the United States on a temporary visa, it is essential for them to be familiar with the consequences of overstaying their visa in addition to their rights when interacting with ICE.

A lawyer can provide advice on all of these issues and more. Additionally, if ICE requests that someone sign any type of document, they should have their lawyer review the document first.

If your visa is about to expire, you may be able to apply for an extension through USCIS.

Can I Renew My Visa or Apply for Another Visa After it Expires?

Typically, you cannot renew your visa unless you applied for an extension before it expired.

How Long Will My Green Card Remain Valid?

Green cards, the physical card, must be renewed once every ten years. An individual’s status as a lawful permanent resident (LPR) will be indefinite unless it is abandoned or revoked.

Can I Apply for a Green Card if I Do Not Have an Immigrant Visa?

In some circumstances, people can apply for a green card even if they do not have an immigrant visa. There are “humanitarian” green cards awarded to refugees, asylees, victims of human trafficking, and other victims of violent crime. There is a “diversity lottery” which randomly awards up to 50,000 people per year with Green Cards.

If I Have a Child Who is a U.S. Citizen, Can I Obtain Legal Status in the U.S.?

Potentially. Your child with U.S. citizenship must be at least 21 before they can petition on your behalf.

What Does it Mean to be a “Legal Permanent Resident”?

If you are a legal permanent resident, you can remain in the United States indefinitely, even though you are not a citizen. You may work in any profession, and you receive the full protection of U.S. law.

Can I Be Deported as a Legal Permanent Resident?

You can be deported as a legal permanent resident if you commit a “crime of moral turpitude.” A crime of moral turpitude is defined as a crime that is “done recklessly or with evil intent, and which shocks the public conscience as inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between people or to society in general.”

Can I Still Receive a Green Card if I Had a Prior Apprehension at the Border?

Speak to an immigration attorney to do a Freedom of Information Act request to find out more information about your type of apprehension.

I Am Separated From My Spouse or In a Divorce. What Should I Do?

If you are separated or currently in the process of getting a divorce, you must include your spouse in your application. If you are still legally married at the time the application is submitted, your spouse must be included in the application.

You will need to provide proof of your divorce at a later date. Even if you are still married when you receive a green card, it is not required that your spouse accepts the green card. You must inform the U.S. authorities that you intend to travel to the U.S. alone.

What Happens if I Don’t Want to Move to the U.S. Right Away?

Generally, a green card is permanent and valid for a lifetime. It must be renewed after 10 years, but this is only a formality. On your first trip to the U.S., you are not required to stay for a long time. Theoretically, you can enter the USA and stay for only one day.

A green card is not meant to be stored away until you need it. You should be prepared to spend more time in the U.S. for a few years after receiving the green card. Until you are ready to completely move to the U.S., you must travel to the U.S. at least once every 364 days. If applied for, you may spend two years outside of the U.S. without losing your status. After three years, you should decide whether you want to permanently move to the U.S.

Do I Need an Immigration Lawyer?

Even though there are forms and guides available online, applying for a green card can still be incredibly confusing. A lawyer can help guide you through the process, making it much easier and clearer. By hiring an immigration lawyer, you can avoid costly errors and ensure you do not miss any deadlines or any requirements.

LegalMatch provides no-cost attorney-matching services that you can use to quickly find an immigration attorney in your area who can help you with any type of immigration concern or issue you have. As previously discussed, immigration laws can change at any time, so it is essential to have a lawyer handle your case to ensure you meet all of the most updated requirements and deadlines.

LegalMatch member attorneys are licensed, prescreened, and will respond to your submission in around a business day. You can get started immediately finding an immigration attorney in your area who can help with your immigration needs.

 

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!
Loading...