How to Obtain a Residence Permit (Green Card) in the USA?

ENTRANCE

The United States of America (USA) is one of the world's leading destinations for immigrants, and obtaining a Green Card is a dream for many. The Green Card is the most important document granting the legal right to live and work permanently in the USA. This article will detail the legal framework of the Green Card, application methods, current practices, important tips, and points to consider for Turkish citizens in light of Supreme Court/ECtHR decisions.

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What is a Green Card? Legal Status and Rights It Provides

A Green Card, officially called a "Permanent Resident Card," grants its holder the right to reside and work permanently in the United States. Holding a Green Card allows you to enjoy almost all social, economic, and legal rights without being a US citizen. Green Card holders can freely change jobs, start businesses, pursue education, benefit from government assistance, and apply for citizenship after a certain period. However, the right to vote and hold certain government positions is granted only to citizens.

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What are the ways to get a Green Card?

There are many different ways to obtain a residence permit in the United States. The legally valid and common methods are:

1. Obtaining a Green Card through the Green Card Lottery (DV Lottery)

The Diversity Visa (DV) Lottery program, held annually by the U.S. Department of State, is a globally open lottery system. To apply for the lottery:

• Applicants must have graduated from high school or equivalent, or have worked in a qualified job for at least two years within the last five years.

• Applications are submitted online each year in October-November (dvprogram.state.gov).

• Winners are selected randomly and then called for an interview at the US Consulate.

Even if you win the lottery, your visa application may be rejected due to past visa violations, criminal records, fraud, etc. Therefore, seeking legal advice would be beneficial.

2. Green Card through Family Reunification

A Green Card application can be submitted through the spouse, unmarried children under the age of 21, parents, siblings, or a relative of a US citizen or Green Card holder.

• Citizens' immediate family members (spouse, children, parents) have priority.

• Applications are submitted to USCIS (U.S. Citizenship and Immigration Services), and interviews and document verification play a crucial role in the process.

• If a fraudulent marriage is detected, the application will be rejected and a 5-year ban from entering the US may be imposed.

3. Green Card through Employment (Employer Sponsorship)

In the United States, an employer can apply for a Green Card to hire a foreigner who meets certain conditions.

• Applications are most often submitted in the H-1B (skilled worker), EB-2 (highly skilled) and EB-3 (proficient worker) categories.

• The employer must be unable to find an employee who is a US citizen or permanent resident.

• Labor Certification (PERM) process is required.

• The applicant and their family are also eligible for a Green Card.

4. Green Card by Investment (EB-5 Visa)

It is possible to obtain an EB-5 visa by investing at least $1,050,000 (or $800,000 in targeted employment areas) and creating 10 jobs for US citizens.

• This method directly leads to permanent login access.

• Due to fraud, fake projects, and misleading information, it is crucial to proceed with a specialist lawyer.

5. Asylum and Refugee Status with Green Card

Those who have sought asylum in the US or have been granted legal refugee status can apply for a Green Card after one year. However;

• The person must be genuinely threatened by persecution, torture, or discrimination.

• Applications are examined very thoroughly, and fraud carries very serious penalties.

6. Green Cards Based on Special Skills and Achievements (EB-1 and O-1 Visas)

Individuals with “exceptional talent” in science, art, education, business, or sports can apply for a Green Card directly without an employer sponsor.

• Documentation such as Nobel Prizes, international achievements, and academic publications should be submitted.

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Legal Points to Consider When Applying for a Green Card

• Providing accurate and complete documentation: Any false or incomplete information may result in application rejection and a long-term ban from entering the United States.

• Visa violations and forgery: US authorities investigate fraudulent marriages or documents very seriously. Permanent bans may be imposed on those who act illegally.

• Criminal record and security check: Serious crimes, terrorism, fraud, and similar offenses will prevent you from obtaining a Green Card. You must have a clean criminal record.

• Interview process: Applicants will be interviewed in person at the U.S. Consulate or a USCIS office. Providing truthful, consistent, and credible information is essential.

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Steps to Follow to Obtain a Green Card

1. Appropriate Category Selection

Each applicant has different conditions and rights. Determining which course of action is appropriate is critical in terms of both time and cost.

2. Online Application and Document Preparation

Applications usually begin through online platforms (USCIS, dvprogram.state.gov).

• Identity documents, education/employment documents, criminal record certificate, health report, biometric data, and photographs are required.

3. Consular or USCIS Interview

After submitting your application, you will be invited for an interview.

• Here, your immigration purpose, plans in the US, family situation, and background will be thoroughly investigated.

4. Approval and Green Card Delivery

Once the application is approved, the Green Card is usually delivered by mail within 2-3 months of entering the United States.

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Frequently Asked Questions and Problems Encountered in Practice

• Is it possible to apply for a Green Card outside of the lottery?
  Yes, all of the above methods are alternatives to the lottery.

• Is obtaining a Green Card sufficient for US citizenship?
  No, after legally residing with a Green Card for 5 years, you can apply for citizenship.

• How long does the application process take?
  It varies between 6 months and 5 years depending on the category.

• How much are the application fees?
  They can vary between $1,000 and $5,000 USD in total, depending on the method and category (including lawyer, translation, and official fees).

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Assessment in Light of Supreme Court and International Court Decisions

Immigration law in the United States is entirely federal and based on case law. However, Turkish judicial authorities also consider the rights of individuals applying for or residing in the US regarding Green Cards, particularly in cases involving inheritance, divorce, and child custody.

The European Court of Human Rights' judgments emphasize fundamental rights in US immigration practices, including family reunification, the right to a fair trial, and the prohibition of discrimination. Therefore, when applying for a Green Card, one must act in accordance with both US and international human rights norms.

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Conclusion and Legal Recommendations

While a Green Card opens the door to a new life in the US, the application process is complex and often requires professional legal assistance. An incorrect application or incomplete documentation can lead to the loss of an opportunity that has been awaited for years.

• Especially for lottery, family reunification, and investment pathways, working with an attorney specializing in US immigration law is crucial for ensuring the security and speed of your application.

• To obtain a US residence permit, you must accurately define the purpose of your application and prepare all necessary supporting documents.

• Finally, after obtaining a Green Card, it is essential to strictly adhere to US laws, particularly avoiding actions that violate visa and immigration status.