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U.S. Green Card

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U.S. Green Card – Requirements, Application, Tax Implications

The United States Permanent Resident Card – better known as the Green Card – has been the most popular identity document among emigrants worldwide for decades. A green card grants its holder permanent residence in the U.S. and the freedom to live anywhere in the U.S., start their own business, and work for any employer. Unlike non-immigrant visas, obtaining a green card does not restrict the holder to working for the company that helped them apply for it.

Employees who are in the U.S. on assignment are often very interested in obtaining a green card. Employers who grant their employees' wishes in this regard can retain their best and most experienced staff while giving them an incentive to stay at the U.S. location for the long term.

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How can I apply for a green card for the USA?

Obtaining a U.S. green card involves a multi-step process, which usually looks like this:

Step 1: Submission of the petition by a U.S. employer or U.S. relative.

The first step is usually (with the exception of the EB-1 green card) initiated by a U.S. relative (for family-based green cards) or a U.S. employer (for employment-based green cards). The U.S. relative or U.S. employer submits a form with supporting documents about themselves (petitioner) and the person who is to receive the green card (beneficiary). For family-based green cards, this is done using Form I-130, and for employment-based green cards, using Form I-140.

Step 2: Apply for a U.S. immigration visa.

If the petition is approved by USCIS, the beneficiary will receive notification and can then apply for an immigration visa in the second step. In Germany, the application is submitted to the U.S. Consulate in Frankfurt/Main, where the beneficiary must attend a personal appointment. In many cases, the visa application is processed in cooperation with the National Visa Center in the U.S. A successfully issued immigrant visa is inserted into the passport. This is usually an entry document valid for six months.

Step 3: Automatic green card delivery to a U.S. address.

After entering the U.S., the green card itself will be sent to a U.S. address specified during the visa application process without the applicant having to take any further action. However, it may take several weeks or months for the green card to be sent. Upon entry, the U.S. border official stamps the passport of the future green card holder with a stamp identifying them as a lawful permanent resident. The stamped passport serves as a type of temporary green card and is both a travel document and a U.S. work permit.

U.S. Green Card

Requirements & Obligations for U.S. Green Card Holders

Requirements for Applying for a U.S. Green Card

A green card grants many rights, but also entails certain obligations for holders:

  • 1 Green card holders must move and maintain their primary residence in the U.S., otherwise they risk losing their green card.
  • 2 Stays outside the U.S. for less than six months at a time are generally not a problem. However, if you stay abroad for between six months and a year, re-entry as a green card holder can become problematic. In such cases, a U.S. border official may ask questions and, if necessary, request documents proving that you have maintained your center of life in the U.S.
  • 3 If a green card holder stays outside the U.S. for over a year, they usually need a Returning Resident Visa, granted only for special reasons like hospitalization. Attempting re-entry without it is risky and should be discussed with a lawyer first.

Reentry Permit for Green Card Holders

Anyone who knows before leaving the country that they will be spending a longer period of time outside the U.S. can apply for a reentry permit. This allows them to stay outside the U.S. for up to two years without having to apply for a returning resident visa to reenter the country. However, even holders of a reentry permit must be prepared to describe and justify their stay outside the U.S. in detail when reentering the country.

Green Cards and Tax Liability in the U.S.

    Before obtaining a green card, consider tax obligations under U.S. law and your home country. Green card holders living in the U.S. must pay U.S. taxes. Those living abroad must still file U.S. tax returns. Giving up a green card requires a formal procedure with a special form.

U.S. Green Card Rules
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