US Immigration Laws: What is conditional Green Card?

Introduction

Every year millions of people change their residence ship from one country to another. This is done so that they can become naturalized citizens of that country. The most famous country with a long list for immigrant applications is the United States. People go there as it is the hub of technology, Multi-National Companies and job prospects and standard of living is very good. In this article, we will be in briefly discuss various Immigration laws in the US.

Since the US received every year a large number of applications for immigration, it has a very complex policy. The law governing immigration in the US is The Immigration and Nationality Act. As per law, every year 6,75,000 permanent immigration visas can be granted in a calendar year. This limit is put so that only talented people can get US citizenship. However, there is a relaxation in this limit pertaining to no limit on the annual admission of U.S. citizens’ spouses, parents, and children under the age of 21. In addition, each year the president is required to consult with Congress and set an annual number of refugees to be admitted to the United States through the U.S. Refugee Resettlement Process. 

Green Card

We have often heard green cards in news but may possibly have understood the meaning of it. A green card is also known as Permanent Residence Card is granted to immigrants and is evidence and proof that the holder is a Lawful Permanent Resident. The holder of Green Card can apply for US citizenship after 3 or years of continuous residence in the country. As per USCIS, currently green card is granted under eight categories which are:

1. Green Card through family
2. Green Card through employment
3. Green Card as a Special Immigrant
4. Green Card through refugee or asylee status
5. Green Card for human trafficking and crime victims
6. Green Card for the victim of abuse
7. Green Card through other categories
8. Green Card through registry

If you want to be a bearer of a green card, you must apply under any of these categories.

Conditional Green Card

The country has observed that many times, people marry Americans only for obtaining a green card. Through this they green card and a number of these kinds of scams rose, country devised a policy for granting temporary/ Conditional Green Card. This is to ensure that your marriage is legitimate and not for obtaining a green card. Another Conditional Green card is issued to entrepreneurs. The main difference between a Permanent and conditional resident is that a permanent green card is issued for a period of ten years while a conditional is issued for two years. This period of two years is also called the testing period because it is done to ensure that person is not illegitimate his marriage or becoming an entrepreneur only for obtaining Green Card. After two years, application for permanent green cards can be filled.  

Application Process

The application for green cards may be filled online at U.S. Citizenship and Immigration Services official portal after paying due fees. But before applying there are a few steps that need to be done so that your application may not be rejected. First is to check whether you are eligible for a green card i.e. you fall in any one of the eight categories[1] listed above because if not your application will be rejected at the first go.

The general process for getting a green card is quite simple.

1. You may file an immigration application with USCIS
2. After the application is approved and a visa is available in your category, you may file for a visa and for green card separately.
3. After filing for a green card, you will have to get your biometric registered which includes fingerprints, photos, signature.
4. After getting biometrics registered, you in certain circumstances might have to undergo an interview.
5. And then finally you will receive a decision for your application.

This sounds simple but each stage has various technical details that must be kept in mind and so as to fulfil them it is advised to approach USCIS through a US attorney who is specialized in filling applications.

Conclusion

As we have experienced worldwide lockdown due to COVID-19, all the offices were closed whether it be govt. or private. But what is someone’s green card needs to be renewed between this time? As you are aware of the fact that green card needs to renewed every ten years, and due to coronavirus pandemic, one is not able to renew his green card?   To cater to the needs of such individuals, USCIS has started an online filing system for extending the dates of expiry. So, one need not to worry about expiry now but must adhere to deadlines provided otherwise.

Even though this article has made it clear how to apply and basic procedures to be followed, but one must hire an attorney because USCIS’s system is very complex and every year they receive a large number of applications being the most developed country in the world, one minor mistake can lead to rejection. So, one must be very careful while applying.

[1] For more details for eligibility visit- https://www.uscis.gov/green-card/green-card-eligibility-categories