Green Card and Citizenship
Green Card & U.S. Citizenship
The pathway to permanent residency and U.S. citizenship provides foreign nationals with the opportunity to live and work in the United States permanently. This page explains the different ways to obtain a Green Card (Permanent Resident Status) and the process of becoming a U.S. Citizen through naturalization.
Green Card
A Green Card (Permanent Resident Card) allows you to live and work permanently in the U.S., offering a path to citizenship while granting most rights of a U.S. citizen, except voting.
Citizenship & Naturalization
Citizenship & Naturalization is the process by which a Green Card holder becomes a U.S. citizen, gaining full rights such as voting and obtaining a U.S. passport.
Appeals & Waivers
Appeals & Waivers help challenge visa denials, deportation orders, or inadmissibility issues. Appeals contest unfavorable decisions, while waivers provide exemptions for certain restrictions, requiring strong legal arguments and evidence.
Green Card: Permanent Residency in the U.S.
A Green Card (Permanent Resident Card) allows individuals to live and work permanently in the United States. Green Card holders have many benefits, including the ability to travel freely, sponsor family members, and eventually apply for U.S. citizenship.
🔹 Ways to Obtain a Green Card
✔ Family-Based Green Cards – Sponsored by a U.S. citizen or permanent resident relative.
✔ Employment-Based Green Cards – For workers with job offers, extraordinary abilities, or investors.
✔ Diversity Visa Lottery – For individuals from countries with low U.S. immigration rates.
✔ Refugee & Asylum Green Cards – For individuals granted asylum or refugee status.
✔ Special Categories – Includes visas for victims of crimes, human trafficking, and abuse (e.g., VAWA, U Visa, T Visa).
🔹 Green Card Application Process
✅ Determine Eligibility – Identify the right Green Card category based on your situation.
✅ File the Petition – A U.S. sponsor or employer files Form I-130 (Family) or I-140 (Employment) with USCIS.
✅ Submit the Green Card Application – If eligible, apply for an Adjustment of Status (Form I-485) or through consular processing.
✅ Attend Biometrics & Interview – USCIS may require fingerprinting and an in-person interview.
✅ Receive Green Card Approval – Upon approval, applicants receive their Permanent Resident Card (Green Card).
U.S. Citizenship & Naturalization
Becoming a U.S. citizen grants individuals full rights and protections under U.S. law, including the right to vote, apply for a U.S. passport, and petition for family members to immigrate more quickly.
🔹 Who Can Apply for Citizenship?
To be eligible for U.S. naturalization, applicants must generally:
✔ Be at least 18 years old.
✔ Have held a Green Card for at least 5 years (or 3 years if married to a U.S. citizen).
✔ Have continuous residence and physical presence in the U.S. for a required period.
✔ Demonstrate good moral character.
✔ Pass the English and Civics test (with some exemptions).
🔹 Citizenship Application Process
✅ File Form N-400 – Submit the Application for Naturalization online or by mail.
✅ Biometrics Appointment – USCIS may require fingerprinting and background checks.
✅ Interview & Naturalization Test – Attend a USCIS interview and take the English and Civics test.
✅ Oath of Allegiance – Once approved, applicants take the Oath of Allegiance and officially become U.S. citizens.
Appeals & Waivers: Overcoming Immigration Barriers
If your Green Card, visa, or naturalization application is denied, you may have options to appeal the decision or request a waiver for certain inadmissibility issues.
🔹 Immigration Appeals
An appeal is a request for a higher authority to review and overturn a denial by USCIS or an immigration judge. Common appeal processes include:
✔ USCIS Appeals – Many decisions can be appealed to the Administrative Appeals Office (AAO).
✔ Immigration Court Appeals – If ordered for removal, applicants may appeal to the Board of Immigration Appeals (BIA).
✔ Federal Court Appeals – If all administrative options are exhausted, cases can sometimes be taken to federal court.
Appeals must be filed within strict deadlines, so it is crucial to seek legal guidance as soon as possible.
🔹 Waivers for Inadmissibility
If you are deemed inadmissible due to past immigration violations, criminal records, or health-related concerns, you may be able to apply for a waiver. Common waivers include:
✔ I-601 Waiver (Extreme Hardship Waiver) – For applicants who would cause extreme hardship to a U.S. citizen or Green Card holder if denied entry.
✔ I-601A Provisional Waiver – For spouses and children of U.S. citizens who must leave the U.S. for consular processing.
✔ I-212 Waiver (Permission to Reapply for Admission) – For individuals who were previously deported or barred from reentry.
✔ I-192 Waiver (Nonimmigrant Visa Waiver) – For nonimmigrant visa applicants who are inadmissible due to past violations.
If you believe you qualify for an appeal or waiver, consulting an immigration attorney can significantly improve your chances of success.
Differences Between a Green Card & Citizenship
| Feature | Green Card (Permanent Resident) | U.S. Citizenship |
|---|---|---|
| Status | Lawful Permanent Resident | Full U.S. Citizen |
| Validity | 10 years (renewable) | Permanent |
| Voting Rights | 🚫 Cannot vote in U.S. elections | ✅ Can vote in all elections |
| Travel Benefits | Can travel but may face restrictions | Can hold a U.S. passport and travel freely |
| Deportation Risk | Can be deported for certain crimes | Cannot be deported |
| Sponsoring Family | Limited sponsorship options | Can sponsor more family members faster |
| Government Jobs | Ineligible for some federal jobs | Eligible for all U.S. government positions |
Need Help with Your Green Card, Citizenship, or Appeals?
Navigating the immigration process can be complex and time-sensitive. Our experienced legal team can help you:
🔹 Determine eligibility and the best application route.
🔹 Assist with Green Card sponsorship through family or employment.
🔹 Prepare for the naturalization process and citizenship interview.
🔹 File appeals and waivers for denied applications or inadmissibility issues.
📞 Contact our law firm today for expert immigration assistance.
✅ Phone: 213-480-7711
✅ Email: jsh@jameshonglaw.com
✅ Schedule a Consultation: contact us
Obtaining a Green Card or U.S. Citizenship is a life-changing step toward a secure future in the U.S. Whether you are applying for permanent residency, becoming a U.S. citizen, or challenging a denial, understanding the process is essential to achieving your immigration goals.
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