Clarifying Common Misconceptions On The Green Card Process

Published: February 28, 2022

A Green Card is an official document that the USCIS issues to immigrants to gain permanent residence in the United States. Consequently, recipients can lawfully work and live anywhere in the country. As Green Cards also open a pathway to U.S. citizenship, many non-Americans desire it for the promises it holds.

When processing a Green Card, applicants have to consider a lot ⁠— deadlines, requirements, fees, and other miscellaneous matters. In an attempt to simplify or shorten the grueling process, many people resort to believing in “claims” or “hacks.” Before subscribing to what you heard or read, be sure to fact-check.

9 Biggest Hoaxes About Green Cards

There are too many misconceptions and, to some degree, lies being spread about the Green Card process. As a responsible individual, whether immigrant or non-immigrant, it is essential to learn about the process and resist fake news. Doing so will prevent miseducation and protect others from potential fraud.

Here Are Nine (9) Notorious Green Card-Related Hoaxes:

1. No Expiry

Despite being called “Permanent Resident Cards,” Green Cards have pre-determined expiration dates. Regular Green Cards may remain valid for ten (10) years from the date of their issuance. A Green Cards may only have a two-year validity if it is conditional. Ideally, Green Card holders should apply for renewal at least six (6) months or three (3) months, if conditional, before expiry.

2. No Residency Requirement

Assuming that Green Cards do not have a residency requirement is a terrible and dangerous mistake. While processing for a Green Card, applicants should maintain a continuous residence in the United States. However, they may change residence within the country. In doing so, they should also timely update the USCIS.

3. No Travel Restrictions

Green Card holders are free to travel in and out of the country. However, staying outside the U.S. borders for too long can cause legal problems. The USCIS may think you have abandoned your Green Card and no longer intend to reside in the United States permanently. If you overstayed outside the U.S., you must file a re-entry permit. Consult with a permanent residency attorney on this matter.

Please note that during specific instances, such as the COVID-19 pandemic, the U.S. government may impose inbound and outbound travel restrictions to maintain public health, order, and safety.

4. Only One Way to Obtain a Green Card

Yes, there is more than one way to acquire a Green Card. Many associate Green Cards with family-related sponsorship but there are other options interested applicants can venture. Here are other existing routes:

• Employment
• Special Immigrant
• Refugee or Asylee Status
• Human Trafficking and Crime Victims
• Victims of Abuse
• Other Categories
• Registry

5. Unlimited Application Slots

The United States can only issue up to 140,000 Green Cards per year. The USCIS then distributes the slots to dozens of visa categories and their respective beneficiaries. Some visa categories may have more pending applications than others, causing delays to the releases.

6. Green Card Holders Cannot Sponsor Relatives

Besides U.S. Citizens, Green Card holders can also sponsor family members. However, the former has a more expansive coverage than the latter. Green Card holders can sponsor their spouses and children. Spouses and unmarried minor children belong to the second preference category, while married sons and daughters are under the third preference category.

7. Green Cards Are Not Conditional

As part of studying U.S. immigration, one should learn to differentiate between Conditional Permanent Residents vs. Lawful Permanent Residents. For specific visas, applicants have to comply with a set of conditions to acquire a Green Card. The 90-Day Rule, where one should marry their fiancé(e) within ninety (90) days, is an infamous example. A conditional permanent resident can transition into a lawful permanent resident upon lifting said conditions.

8. Absolute Protection Against Deportation

Green Card holders can be deported. Obtaining a Green Card is not a free pass to violate American laws. However, not every legal transgression can warrant a deportation order. Generally, erring Green Card holders should first be convicted of a “crime of moral turpitude” or “aggravated felony.”

9. Green Card Is Equivalent to U.S. Citizenship

Green Cards do not confer U.S. citizenship. While both are entitled to live and work in the country for an indefinite time, members of each category exercise different sets of privileges. U.S. citizens can vote and run during elections, while Green Card holders cannot. More so, Citizens do not have to renew their citizenship, while Green Card holders should. Our permanent residency attorney can elaborate on this further if you have questions.

5 Ways to Avoid Fake News About Green Cards

1. Refer to Official Resources

The USCIS website is the best online source for immigration-related concerns. It summarizes news, protocols, processes, requirements, and tools relevant to immigrants, non-immigrants, and citizens. Other than the USCIS, interested individuals may also browse agencies like the Department of State (DOS), Executive Office for Immigration Review (EOIR), and the U.S. Immigration and Customs Enforcement (ICE).

2. Avoid Unverified Social Media Posts

Social media is an easy and accessible outlet for updates, including immigration matters. However, the greatest danger of social media posts is their lack of credibility. Not everything you see on social media platforms is verifiable. Should you wish to use social media as a fact source, please subscribe to proper authorities’ channels.

3. Double Check

If you find a news report or claim to be suspicious, do some research. It is likely that somebody else, especially the media, has already discussed the matter you are interested in. If the claims are inconsistent and lack verifiable data, it is better to wait for official statement releases.

4. Be Meticulous

Immigration can bring impactful changes to one’s life. Experiencing something negative because of fake news is never worth it. If, for some reason, you do not have the means to verify a piece of information, be critical. Weigh the logical possibility of it being correct by looking intently into the details.

5. Consult with an Immigration Lawyer

Immigration lawyers are the best professionals to ask about Green Cards and other related processes. They have theoretical and practical knowledge that can help resolve any immigration-related concerns. Besides, they are legally obligated to remain well-studied about recent legal changes. If you are specifically looking for a Los Angeles immigration lawyer, ALG has a reliable team waiting for you.

ALG Lawyers Is Your Legal Partner

Processing a Green Card involves considerable time, energy, and money. Since it is such a serious commitment, you need to partner with people who can be with you all the way. ALG Lawyers is a team of qualified and dedicated Los Angeles immigration lawyers. We are on the mission of providing top-notch legal assistance for individuals who wish to study, work, and live in the United States. Immigration is not an easy feat, and everybody needs professional guidance to gain and maintain lawful entry. We are here to help you transition smoothly without the worries of transgressing any legal protocols.