Visas for Permanent Residents

Making a life in the U.S.A.

The immigration process can be very confusing. You could qualify for a visa under certain categories, but you could be considered ineligible under others. Some visas require petitions. Some applications get filed outside the U.S. , others after you arrive. Even the terminology can be confusing.

What is a permanent resident?
A permanent resident is someone who has permission to live in the U.S. indefinitely, but is not yet a citizen. Permanent residents are also sometimes called:

• Legal immigrants
• Green card holders

If you become a permanent resident, you will be issued a green card as proof of your status.

How can I become a permanent resident?
In most cases you must get sponsored first. Sponsors are usually a:

• Relative who is a U.S. citizen or permanent resident
• U.S. employer

You also have to be eligible.

After your sponsor files an application, you need to apply for an immigrant visa (green card).This must be done at the embassy or consulate in the country where you hold citizenship.

The embassy or consulate will review your application to ensure you aren't considered inadmissible. Once your application is approved, an immigrant visa is stamped into your passport. You must then arrive in the U.S. within six months to claim your green card. Once you get your green card, you will be a permanent resident.

What if I'm already in the U.S. ?
While certain applicants are allowed to file for either a green card or an immigrant visa while in the U.S. , the rules can be puzzling. If you entered the U.S. illegally or overstayed a non-immigrant visa, filing for a green card will likely get you deported and banned for five years. Be sure to consult an experienced immigration attorney before you apply for either of these while in the U.S.

What rights do permanent residents have in the U.S. ?
Under U.S. law, if you are a permanent resident you can:

• Leave and re-enter the U.S. without being denied entry by an Immigration official at the port of entry. Note: if this privilege is abused you can lose your green card
• Apply for financial aid for education
• Work in any company located in the U.S. regardless of job position, hours per week, etc. Note: some companies have policies in place to only hire U.S. citizens - and that is considered the right of each individual company.
• Start your own business
• Create a corporation
• Get welfare if you can't get a job
• Sponsor your spouse and unmarried children
• Collect social security when you retire (if you worked for 10 years in the U.S. first)

Can I vote?
No. Only U.S. citizens can vote in municipal, state or federal elections. Permanent residents are also unable to hold certain public offices or work in federal government positions.

Do I have to pay taxes if I'm not a U.S. citizen?
Yes. Permanent residents must file income tax with the Internal Revenue Service (IRS) using a U.S. Tax Form 1040. Taxes are to be filed and paid in full by April 15 th of each year to avoid penalties. Failure to file your income tax is a crime and can get you arrested or deported. If you need more information about U.S. tax laws, speak to an accountant or tax attorney. You can also visit the IRS website.