How to Obtain a Residence Permit in America? – Updated 2025
The United States has long been one of the world's leading destinations for immigrants. Due to economic opportunities, educational possibilities, the rule of law, and high living standards, millions of people each year try various ways to gain the right to live and work in America . The most common of these ways is obtaining a Green Card (residency permit)
As of 2025, the residency process, based on the U.S. Immigration and Nationality Act (INA) , is divided into different application categories. This article will detail the ways to obtain a Green Card, the application processes, the legal basis, and the problems encountered in practice
1. What is a Residence Permit?
A residence permit the right to permanent residency . Known as a Green Card, this permit allows you to:
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Permanent residence and work rights are obtained
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Public services are utilized
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The opportunity to apply for citizenship arises after a certain period of time.
A Green Card holder is considered an individual who , while currently a citizen of another country, is a legal and permanent resident of the United States
2. Types of Residence Permits and Application Methods
2.1. Green Card Based on Family Connections
This is the most common type of residence permit. Applications can be made through close relatives who are US citizens or Green Card holders.
Who can benefit?
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Spouse, children (single and under 21), and parents of a US citizen
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Brothers who are US citizens
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Spouse and unmarried children of Green Card holders
Legal Basis: INA §201(b), §203(a)
Period:
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The U.S. citizen sponsor initiates the application using Form I-130
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The applicant is given a date according to their priority category (priority date).
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Consular procedures or status adjustments are carried out from within the United States.
2.2. Work-Based Residence Permit
Residence permits can be obtained through sponsorship by US employers for skilled or specialized workers.
It is divided into 5 categories (EB-1 to EB-5):
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EB-1: Individuals with exceptional talent (science, arts, business, sports)
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EB-2: Advanced professionals
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EB-3: Skilled workers and technicians
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EB-4: Religious officials, U.S. government employees
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EB-5: Investor Green Card (minimum investment requirement of $800,000)
Legal Basis: INA §203(b)
Process Steps:
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PERM Labor Certification is obtained by the employer (not required in some categories).
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Applications are made using form I-140.
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Entry into the United States or change of status with the relevant immigrant visa.
2.3. Residence Permit for Refugees and Asylum Seekers
Individuals who seek asylum in the United States or who face a risk of persecution in their home country can apply for a residence permit one year after their asylum claims are accepted.
Legal Basis: INA §209
2.4. Green Card Lottery (DV Lottery)
The Diversity Visa Program , administered annually by the U.S. Department of State , offers applicants from select countries a chance to obtain a Green Card .
Application Requirements:
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Being born in a suitable country
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Minimum requirement: high school diploma or at least two years of skilled work experience within the last five years
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Online application (usually in October-November)
Legal Basis: INA §203(c)
3. Application Stages and Documents
3.1. Forms and Process
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I-130 (For family sponsorships)
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I-140 (For work-based applications)
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DS-260 (Immigrant visa)
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I-485 (for change of status from within the US)
3.2. Common Documents
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Passports and identity documents
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Criminal record and court decisions, if any
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Biometric data
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Medical report (I-693)
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Income statements and sponsorship documents (I-864 Affidavit of Support)
4. Rights and Responsibilities of Green Card Holders
Rights:
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Right to work
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The right to education and social assistance
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The right to sponsor family members
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Eligibility for citizenship application (after 3-5 years)
Responsibilities:
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Tax payment
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Not committing a crime
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Avoid staying outside the US for extended periods (more than 12 months is risky)
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Address update (Form AR-11)
5. Frequently Encountered Legal Problems
5.1. Rejection Decisions
USCIS or consulates may reject applications for reasons such as missing documents, suspicion of fraudulent marriage, or past visa violations. In case of rejection:
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Re-application (re-file)
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There are avenues for appeal or motion to reopen.
5.2. Immigration Violations and Green Card Cancellation
If a Green Card holder commits a serious crime or immigration violation (such as a fake marriage, visa fraud, staying abroad for more than one year, etc.), their status may be revoked by USCIS.
6. Naturalization
Green Card holders can apply for citizenship after 5 years (or 3 years through marriage) Form N-400 .
Conditions:
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English and US history exams
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Having physically resided in the United States for 30 months
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Good moral character
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Fulfilling tax obligations during the Green Card period
7. Applying Through a Lawyer: What Are the Benefits?
Immigration law is a highly technical and detailed field. In particular:
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Complete preparation of documents,
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Preparing for USCIS interviews,
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Strategic defense in rejection situations,
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In matters such as court proceedings, the support of an immigration lawyer can expedite the process and increase the chances of success.
8. Innovations and Updates for 2025
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The minimum investment amount for the EB-5 investor program USD 800,000 .
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The application period for the DV-2025 lottery will be between October and November 2024
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Consular services, which reopened after COVID, are still facing high demand; therefore, early application is important.
Conclusion
Obtaining a residence permit in the United States is a detailed process that requires careful planning and adherence to the legal framework. As of 2025, the legal avenues for obtaining a Green Card through family, work, and lottery remain current. While the length of the process varies depending on the applicant's personal circumstances and the chosen category, carefully prepared applications have a high probability of success.
Since each application has its own unique legal status, obtaining professional support and fully documenting the application are critical in this process.
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