United States – Residency

What types of residency are available to foreign nationals in the United States?

Lawful permanent residents (LPRs) — commonly referred to as “green card” holders — are foreign nationals who have been granted legal authorisation to reside in the United States on a permanent basis. The green card is the foundation of long-term residency in the U.S., and it can be obtained through several distinct pathways depending on an individual’s personal circumstances.

Family-based residency

The Immigration and Nationality Act establishes several broad admission categories through which foreign nationals may obtain LPR status, the largest of which is centred on family reunification. Immediate relatives of U.S. citizens — encompassing spouses, children, and parents of U.S. citizens who are at least 21 years old — account for more than 40% of all new LPRs and are not subject to any annual numerical limits.

Additional family members may qualify under family “preference immigrant” categories. The first preference (F1) applies to unmarried sons and daughters aged 21 or older of U.S. citizens. The second preference (F2A and F2B) covers spouses, minor children, and unmarried adult children of lawful permanent residents. The third preference (F3) applies to married sons and daughters of U.S. citizens. Unlike the immediate relative category, these preference categories are subject to annual visa caps and can involve substantial waiting periods.

Employment-based residency

Foreign nationals with skills in demand within the U.S. workforce, or those seeking to create American jobs through investment, may be eligible to immigrate on employment grounds. There are five employment-based preference categories, and the combined annual limit for employment-based green cards is approximately 140,000. The first category, EB-1, covers individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

The EB-2 category applies to professionals holding advanced degrees or those with exceptional ability in the sciences, arts, or business. The EB-3 category is for skilled workers and professionals with at least a bachelor’s degree. The EB-4 category addresses certain special immigrants, while the EB-5 category is reserved for immigrant investors who generate employment for U.S. workers. Most employment-based routes require employer sponsorship, though limited self-petition options exist for individuals who can demonstrate extraordinary ability.

Diversity Visa Programme

The United States operates a Diversity Immigrant Visa Programme designed to admit immigrants from countries that are historically underrepresented in U.S. immigration flows. Diversity visas are allocated by lottery, and winners must satisfy further eligibility criteria and pass background checks to receive a visa. It is important to note that in December 2025, the U.S. Green Card Lottery programme was suspended by order of President Donald Trump. Prospective applicants should check the official USCIS website for the latest status of this programme.

Humanitarian pathways

The United States offers protection to individuals who have been persecuted or who have a well-founded fear of persecution, along with their immediate family members. A refugee programme exists for those outside the United States, while an asylum programme serves those already present in the country. Further humanitarian categories include protections for victims of human trafficking (T visas) and certain crimes (U visas), as well as benefits available under the Violence Against Women Act (VAWA).

Conditional permanent residency

Foreign nationals who obtain a green card through marriage to a U.S. citizen are initially granted conditional permanent residency, with a green card valid for only 2 years. Before that 2-year period expires, they must file to have the conditions removed — a safeguard intended to confirm the legitimacy and ongoing nature of the marriage. Standard green cards, by contrast, carry a 10-year validity period.

How does temporary residency work in the United States, and how can it lead to permanent residency?

In contrast to countries such as Spain or Portugal — where formalised tiers of temporary residency serve as the structured first step toward permanent settlement — the United States operates immigration through largely separate nonimmigrant (temporary) and immigrant (permanent) visa tracks. Nonetheless, many foreign nationals do move from a nonimmigrant visa to permanent residency through a procedure known as adjustment of status.

Temporary nonimmigrant visas in the U.S. span a broad range of purposes: tourism (B-2), employment (H-1B, L-1, O-1), academic study (F-1), exchange visitor programmes (J-1), and others. Each visa classification carries its own validity period and permitted activities. Visa holders must abide by the conditions of their status and depart by the authorised date unless they obtain an extension or change of status.

To be eligible for adjustment of status to permanent residency from within the United States, an applicant must generally have been physically present in the U.S. after being “inspected and admitted” or “inspected and paroled” by an immigration officer. This means that someone holding a valid work or family-based nonimmigrant visa may, once an immigrant visa number becomes available, apply for a green card without having to leave the country. While this is sometimes compared to status-change mechanisms found in Canada or Australia, the specifics differ substantially.

When calculating how long the green card process will take, two distinct waiting periods must be considered. The first is the visa bulletin waiting period — the time spent in a queue until a visa number in your category becomes available. The second is the USCIS processing time — the period required for USCIS to review and decide on your application once it can be formally submitted.

Immediate relatives of U.S. citizens are not subject to the visa bulletin wait at all, while applicants in family preference or employment preference categories may face waits ranging from several years to well over a decade, depending on their category and country of birth. Per-country visa limits mean that applicants from high-demand countries often experience considerably longer queues.

For many employment-based green cards — particularly EB-2 and EB-3 — the PERM Labour Certification process must be completed before the visa bulletin wait even begins. This process alone can take 18–24 months. Once PERM is certified, the employer files Form I-140, which locks in the applicant’s priority date.

How do you apply for residency in the United States?

Holding a green card entitles you to live and work in the United States on a permanent basis. The precise steps involved in your application will depend on your individual circumstances. The following is a general overview of the typical process for family- or employment-based applicants.

1. File an immigrant petition. The first step toward obtaining a green card is submitting an immigrant petition. Several eligibility categories exist, each with its own required forms. For an employment-based green card, the employer typically files Form I-140 (Immigrant Petition for Alien Workers); for a family-based green card, the sponsoring relative files Form I-130 (Petition for Alien Relative).
2. Wait for a visa number to become available. Once the petition is approved, applicants in numerically capped preference categories must wait for a visa number to open up, as tracked by the monthly Visa Bulletin published by the U.S. Department of State. Immediate relatives of U.S. citizens are not subject to this wait.
3. File Form I-485 (if in the U.S.) or apply for an immigrant visa at a consulate abroad. Applicants who are already present in the United States may file Form I-485 (Application to Register Permanent Residence or Adjust Status) to seek LPR status without departing the country — a process called “adjustment of status.” Those who are outside the United States must instead undergo consular processing through a U.S. embassy or consulate.
4. Attend a biometrics appointment. Most applicants are required to visit a USCIS Application Support Centre for a biometrics appointment, at which fingerprints, a photograph, and a signature are collected for use in background checks.
5. Complete the immigration medical examination. All green card applicants must undergo a medical examination conducted by a USCIS-designated civil surgeon (if applying within the U.S.) or a panel physician (if applying from abroad). Medical examination costs are charged separately from USCIS filing fees; civil surgeon examinations using Form I-693 typically run $200–$500 depending on location and the vaccinations required.
6. Attend an interview. A large proportion of applicants are summoned to an interview at a USCIS field office or U.S. embassy or consulate. Certain employment-based categories may be exempt from the interview requirement.
7. Receive a decision and, if approved, your green card. Following approval, the physical green card is generally delivered by mail within a few months.

Fees (as of 2025)

The Form I-485 (Application to Register Permanent Residence or Adjust Status) filing fee is $1,440 for applicants aged 14 and older (as of 2025). Other fees include $625 for family petitions (Form I-130), $715 for employment petitions (Form I-140), and $325 for consular processing when applying from outside the United States. Total costs — encompassing government fees and the medical examination — can start at around $1,700, but may exceed $10,000 when attorney fees and ancillary expenses are factored in.

USCIS fees are subject to revision. The fee schedule was updated in 2025 and further changes have been introduced in 2026. Always verify current charges by consulting the official USCIS Fee Schedule (Form G-1055) before submitting any application.

Processing times (as of 2026)

USCIS is currently managing a record-level backlog, with over 11 million cases pending as of mid-2025. While some form types have seen faster movement, green card renewals, replacements, and employment-based petitions remain sluggish, with waits of many months or even years attributable to high application volumes and visa number limitations. Form I-130 processing times are approximately 14.5 months when a U.S. citizen is the sponsor, and 12–18 months when a permanent resident sponsors the petition — though overall wait times for family preference categories can be considerably longer once visa availability is factored in.

Certain employment-based petitions — including select I-140 and I-129 filings — are eligible for premium processing, which can reduce the adjudication wait to as few as 15 business days. The USCIS Processing Times tool should be consulted regularly for the most current estimates, as figures change frequently.

What documents do you need to apply for residency in the United States?

The specific documents you must provide will vary according to your residency category and whether you are applying from within or outside the United States. The items listed below represent the core documents required for most green card applications. Always refer to the USCIS All Forms page and the instructions specific to your form and category for the authoritative checklist.

• Valid passport — must remain valid throughout the application process and, in most cases, at least six months beyond the intended travel or application date.
• Completed application forms — including Form I-485 (for adjustment of status within the U.S.) or Form DS-260 (for consular processing abroad), together with the relevant petition form (I-130 or I-140).
• Two passport-style photographs — conforming to USCIS or Department of State specifications.
• Birth certificate — a certified copy accompanied by a certified English translation if the original is in another language.
• Evidence of the qualifying relationship or eligibility basis — for example, a marriage certificate for spousal petitions, or an employer support letter and labour certification documentation for employment-based applications.
• Police clearance certificates / criminal record checks — generally required from every country where you have resided for six months or more since the age of 16.
• Immigration medical examination results — Form I-693 (Report of Immigration Medical Examination and Vaccination Record) must be submitted concurrently with Form I-485 applications.
• Proof of financial support or sponsorship — the majority of applicants need an Affidavit of Support (Form I-864) from a U.S. citizen or permanent resident sponsor demonstrating income above the applicable federal poverty guideline threshold. Income thresholds are updated annually; check the USCIS website for the current figures.
• Civil documents — such as divorce decrees, adoption records, or military records where relevant to the application.
• Certified translations — certified translations of birth certificates, marriage certificates, or other foreign-language documents typically cost $20–$50 per page.

Document requirements can differ substantially from one category to the next and are subject to change. The USCIS website and the form-specific instructions for your particular category should always be treated as the definitive and current reference.

Do you need to register with any government department or authority after arriving in the United States?

The United States does not operate a system of mandatory local registration comparable to those found across much of Europe — such as the empadronamiento in Spain or the Anmeldung in Germany — requiring residents to formally notify a municipal authority of their address. However, several important federal obligations apply to foreign nationals living in the country.

Alien Registration requirement

Under U.S. federal law (the Immigration and Nationality Act), foreign nationals aged 14 and older who are present in the United States for 30 days or more and are not U.S. citizens are generally required to be registered with the federal government. Green card holders are automatically registered upon the issuance of their Permanent Resident Card. In 2025, the U.S. government announced renewed enforcement of alien registration requirements for certain categories of noncitizens who had not previously been formally registered. Foreign nationals should consult the USCIS website for the current requirements applicable to their specific immigration status.

Carrying your green card

Green card holders are required by law to carry their Permanent Resident Card with them at all times. Failing to do so is technically a violation of federal law. While law enforcement encounters do not always result in formal enforcement action on this basis alone, it is strongly advisable to keep your green card on your person at all times.

Reporting address changes

Green card holders are legally obligated to notify USCIS of any change of address within 10 days of moving. This notification is submitted using Form AR-11 (Alien’s Change of Address Card), which can be completed and filed online through the USCIS website. Failure to comply with this requirement constitutes a violation of federal immigration law and can have adverse consequences for future immigration applications.

Social Security Number

Once you hold a green card, you are eligible to apply for a Social Security Number (SSN) through the Social Security Administration (SSA). An SSN is indispensable for employment purposes, opening bank accounts, filing tax returns, and many other aspects of everyday life in the United States. Applications can be made in person at a local SSA office; bring your green card and passport as proof of identity.

What are the rights and restrictions that come with residency in the United States?

Lawful permanent residents may accept employment without special restrictions, purchase property, access financial assistance at public colleges and universities, and enlist in the Armed Forces. They may also pursue U.S. citizenship once they meet the applicable eligibility requirements.

Right to work

Green card holders enjoy an unrestricted right to work for any employer in any industry across the United States. This represents a considerable advantage over most nonimmigrant visas, which are generally tied to a specific employer or occupation. Unlike the employer-nomination frameworks used in countries such as Australia and Canada, a U.S. green card — once granted — is not conditional on maintaining any particular job.

Access to education and public services

Green card holders are entitled to enrol their children in public schools and may themselves attend public colleges and universities. In many states, they are eligible for in-state tuition rates. However, access to federally funded public benefits is more circumscribed than in many comparable countries — LPRs are generally required to have held their green card for at least five years before becoming eligible for most means-tested federal programmes such as Medicaid or the Supplemental Nutrition Assistance Program.

Healthcare

Unlike nations with universal public healthcare systems, the United States does not provide a national health service available to all residents. Green card holders typically obtain healthcare coverage through private health insurance — often employer-sponsored — through the federal marketplace established under the Affordable Care Act, or — following the five-year residency requirement — through certain federal programmes. Healthcare costs in the U.S. can be substantial, and securing adequate health insurance from the outset of your residency is strongly recommended.

Travel

Green card holders may travel internationally, but prolonged absences can place their LPR status at risk. Absences exceeding six months may prompt questions about abandonment of residency, while absences of more than one year may trigger a legal presumption of abandonment unless a re-entry permit (Form I-131) was secured before departure. This is notably more restrictive than many European long-term residence permits, which typically allow for longer periods of absence.

Path to citizenship

Lawful permanent residents may become eligible to apply for U.S. citizenship after holding LPR status for five years, or after three years if married to a U.S. citizen. Naturalisation is the mechanism by which a foreign national voluntarily acquires U.S. citizenship, with the standard route requiring five years as a permanent resident. As in many other countries that require a comparable period of permanent residency before citizenship eligibility, the U.S. process additionally requires demonstrating continuous residence, sufficient physical presence, good moral character, and passing tests in the English language and U.S. civics.

Key restrictions

• Green card holders are not permitted to vote in federal elections — that right is reserved exclusively for U.S. citizens.
• LPR status can be revoked or lost. A permanent resident may become subject to removal from the United States following a criminal conviction, particularly if it involves a serious crime or an aggravated felony.
• Green card holders are not entitled to a U.S. passport and must travel using their country of origin’s passport.
• Certain government positions and security clearances are restricted to U.S. citizens only.

Where can you find reliable, up-to-date information on residency in the United States?

U.S. immigration law and policy is highly complex and subject to frequent revision. The official sources listed below are the primary references for residency-related information. Always consult them directly for the most current requirements, as figures and rules cited in any article — including this one — can become outdated.

• U.S. Citizenship and Immigration Services (USCIS) — the principal federal agency responsible for green card and residency applications: uscis.gov. The USCIS website contains form instructions, fee schedules, policy manuals, and a processing times tool.
• U.S. Department of State — Bureau of Consular Affairs — for consular processing, visa bulletins, and immigrant visa information: travel.state.gov.
• U.S. Department of Labor (DOL) — for PERM labour certification in employment-based cases: dol.gov.
• Social Security Administration (SSA) — for Social Security Number applications following receipt of a green card: ssa.gov.
• U.S. Embassy or Consulate in your home country — for consular processing queries, document requirements, and interview scheduling. Locate your nearest U.S. embassy at usembassy.gov.
• USCIS Processing Times Tool — for current estimated processing wait times: egov.uscis.gov/processing-times.

Given the complexity and potential consequences of immigration decisions, many applicants choose to work with a licensed U.S. immigration attorney or an accredited representative. If you engage professional assistance, verify the individual’s credentials carefully and exercise caution around unauthorised “notarios” or immigration consultants who lack the qualifications to provide legal advice.

Frequently Asked Questions

How long does the entire green card process take from start to finish?

Two separate waiting periods must be taken into account: the visa bulletin waiting period, during which you queue for a visa number to become available in your category, and the USCIS processing time, the duration required to adjudicate your application once it has been submitted. For immediate relatives of U.S. citizens, the full process typically takes 12–18 months. For family preference and employment preference categories, the combined wait can span several years to well over a decade, depending on the category and the applicant’s country of birth. Always consult the USCIS Processing Times tool for the most current estimates.

Can family members be included in a green card application?

In many categories, a principal applicant’s spouse and unmarried children under the age of 21 may be included as “derivative beneficiaries” on the same petition. This allows them to receive green cards on the basis of the principal applicant’s eligibility without the need to file separate petitions. This arrangement varies by category, however, so the specific rules for your pathway should be confirmed with USCIS.

What happens if a green card application is refused?

When USCIS denies a Form I-485 application, the applicant receives a written notice detailing the grounds for refusal. In many instances, USCIS first issues a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), giving the applicant an opportunity to respond before a final decision is made. If a denial is ultimately issued, available options may include filing a motion to reopen or reconsider with USCIS, or in certain situations appealing to the Board of Immigration Appeals (BIA). Applicants who are in removal proceedings may raise their eligibility before an immigration judge. Consulting an immigration attorney is advisable to determine the most appropriate course of action.

Can residency be lost through extended absence from the United States?

Yes. Green card holders who remain outside the United States for prolonged periods risk a determination that they have abandoned their LPR status. Absences of more than six months can invite scrutiny, while absences exceeding twelve months create a rebuttable legal presumption of abandonment. Those who need to spend more than a year outside the country should apply for a re-entry permit (Form I-131) prior to departing; this document permits absences of up to two years. This is considerably more restrictive than many European long-term residence schemes, which frequently permit absences of two to three years.

How does U.S. residency affect tax obligations?

Green card holders are treated as U.S. tax residents and must file annual federal income tax returns with the Internal Revenue Service (IRS) on their worldwide income — irrespective of where they are physically residing. This is a broader obligation than that found in many other countries, where tax residency is generally determined by physical presence rather than immigration status. Numerous countries have tax treaties with the United States aimed at preventing double taxation. It is advisable to consult a qualified tax professional with expertise in international tax law before or shortly after receiving your green card.

Does holding a green card make you eligible to apply for U.S. citizenship?

Naturalisation is the mechanism by which a foreign national voluntarily becomes a U.S. citizen. The most commonly used route requires holding LPR status for at least five years, though this period is reduced to three years for those married to a U.S. citizen. Applicants must also demonstrate continuous residence in the U.S., satisfy minimum physical presence requirements, show good moral character, and pass examinations in English and U.S. civics. Note that the current administration has indefinitely suspended naturalisation interviews and oath ceremonies for nationals from 39 designated countries — consult USCIS for the latest status of this policy.

What is the difference between adjustment of status and consular processing?

Adjustment of status is the procedure available to applicants who are already inside the United States and wish to obtain lawful permanent resident status without departing the country. Consular processing, by contrast, applies to those who are currently abroad and must apply for a green card through a U.S. embassy or consulate in their home country. Both routes ultimately result in the issuance of a green card, but the forms, fees, and procedural steps involved differ between them. The appropriate route depends on the applicant’s current location and immigration status.

Can a green card be renewed once it expires?

A standard green card carries a 10-year validity period and must be renewed before expiry. It is advisable to begin the renewal process at least six months in advance, as processing times typically range from six to twelve months and can be longer during periods of high demand. As of 2025, the filing fee for Form I-90 (the renewal application) is $465, or $415 when submitted online. It is worth noting that expiry of the physical card does not terminate LPR status itself — it is the document rather than the status that expires — but a valid card is necessary for employment verification, international travel, and many other purposes.

Is there a U.S. retirement visa or digital nomad visa for foreign nationals?

As of 2025, the United States offers neither a dedicated retirement visa nor a digital nomad visa. In contrast to countries such as Portugal, Costa Rica, or Thailand — which have developed specific visa pathways for retirees and remote workers — the U.S. immigration framework is built around family ties, employer sponsorship, investment, and humanitarian grounds. Some foreign nationals who work remotely for non-U.S. employers attempt to remain in the country on tourist visas (B-2), but this is not formally sanctioned for extended stays and carries real immigration risk. Anyone seeking to retire in the U.S. or work remotely from within its borders should consult an immigration attorney to identify the most appropriate option for their circumstances.