Home Permanent Residence Forms Using the Right Permanent Residence Forms

Using the Right Permanent Residence Forms

Using the Right Permanent Residence Forms

Using the Right Permanent Residence Forms: A Comprehensive Guide

Are you considering applying for permanent residence in the United States? Whether you are a foreign national, someone seeking to reunite with your family, or a refugee in search of a safe haven, obtaining permanent residency status can be a complex process. It requires that you submit various forms and documents to the U.S. Citizenship and Immigration Services (USCIS), all of which must be filled out correctly and accurately. This article will provide you with a comprehensive guide on using the right permanent residence forms, so you can avoid costly delays and ensure your application is processed efficiently.

What is Permanent Residence?

Permanent residence, also known as a green card, is a document that gives foreign nationals the right to live and work in the United States indefinitely. It is typically granted to individuals who are sponsored by relatives, employers, or are seeking asylum or refugee status. Once granted, permanent residents are entitled to many of the same benefits and privileges as U.S. citizens, including the ability to travel freely and work without restriction.

The Green Card Application Process

The process of applying for permanent residence involves submitting several forms to USCIS. These forms vary depending on the category of the applicant and the circumstances of their case. Here is an overview of the most commonly used forms.

Form I-130: Petition for Alien Relative

Form I-130 is used by U.S. citizens and lawful permanent residents to petition for their foreign-born family members. To be eligible to sponsor an immediate relative, the U.S. citizen must be at least 21 years old, and the relative must be a spouse, parent, child, or sibling who is unmarried and under the age of 21. Permanent residents are only eligible to sponsor their spouses or unmarried children under the age of 21. Once the USCIS approves the I-130 petition, the foreign national will be eligible to apply for permanent residence.

Form I-485: Application to Register Permanent Residence or Adjust Status

This form is used to apply for a green card from within the United States. It is typically filed concurrently with the I-130 petition, or after USCIS approves the petition. Along with the form, applicants must submit the required supporting documents, including birth certificates, marriage certificates, police clearances, and proof of relationship with the U.S. sponsor. In most cases, applicants must also undergo a biometric appointment for fingerprinting and background checks.

Form I-751: Petition to Remove Conditions on Residence

If a foreign national receives a green card based on a marriage to a U.S. citizen or lawful permanent resident, they will be granted conditional permanent residence for two years. To remove the conditions, the couple must jointly file Form I-751 during the 90-day period before the green card expires. This form must be accompanied by evidence that the marriage is bona fide and not a sham to obtain immigration benefits. Failure to file this form on time can result in the automatic termination of permanent residence.

Form I-765: Application for Employment Authorization

This form is used to request a work permit for individuals who are in the process of applying for permanent residence or have already been granted temporary or permanent resident status. There are several categories of eligibility for employment authorization, including asylum seekers, refugees, DACA recipients, and those with pending adjustment of status applications.

Choosing the Right Permanent Residence Form

Choosing the right form for your permanent residence application can be a daunting task. However, there are several factors to consider that can help you determine which form to use.

Sponsorship Category: If you are a foreign national seeking to obtain permanent residence, you will need to determine the category that applies to you. This will depend on whether you have a family member or employer who can sponsor you, or if you are seeking asylum or refugee status.

Timing: The form you choose will also depend on your current immigration status and the stage of your application process. If you are already in the United States on a temporary visa and want to adjust your status to permanent residence, you will need to file Form I-485. However, if you are outside of the U.S. or have not yet received a visa, you will need to file Form DS-260, the online immigrant visa application form.

Eligibility: Different forms have different eligibility requirements. Before choosing a form, make sure to review USCIS guidelines to ensure that you are eligible to apply for permanent residence. Some categories may require additional forms or documents to accompany your application.

Important Updates on Permanent Residence Forms

The USCIS regularly updates the forms used for permanent residence applications to improve the application process. Below are some of the most recent updates that applicants should be aware of.

New Edition of I-485 and I-765: In August 2020, USCIS released a new edition of Form I-485 and I-765 to streamline the permanent residency application process. The new forms include additional questions about applicants’ biographical and immigration history and a barcode for faster processing.

New I-944 Form: In February 2020, USCIS issued a new rule that required all employment-based green card applicants to submit Form I-944, the Declaration of Self-Sufficiency. This form requires applicants to provide extensive details about their income, assets, debts, health insurance, and use of public benefits. However, the Biden administration has since repealed this rule, so this form is no longer required for employment-based permanent residency applications.

In-person Interviews: USCIS may require applicants to attend an in-person interview as part of their permanent residency application process. In 2017, USCIS expanded the in-person interview requirement to include employment-based applications, and this requirement remains in place today.


Applying for permanent residence can be a complex and lengthy process. Choosing the right form is critical to ensuring that your application is processed smoothly and efficiently. By understanding the requirements of each form and keeping up with USCIS updates, you can minimize delays and avoid costly mistakes. With this guide, you are now equipped with the information you need to take the first steps towards obtaining permanent residency in the United States.

What is a Permanent Residence?

A permanent residence refers to a government-granted permission, awarded to a non-citizen of the United States.

Those who receive permanent residency acquire the legal right to reside within the United States on an indefinite basis.

The recipient of permanent residency is not subjected to the stipulations latent in a Visa; a Visa is subjected to expiration.

Methods of Receiving a Permanent Residence

An applicant for a Permanent Residenceis awarded the opportunity to be sponsored by an employer. This process, not only ensures the candidacy of that individual, but Permanent Residence sponsorship can also expedite the application process.

An applicant for Permanent Residency maintains the opportunity reside permanently in the United States through the legal and authentic marriage to a citizen of the United States.

Permanent Residence vs. Citizenship

Citizenship in the United States of America, offers the individual in question to enjoy the various freedoms and rights expressed in the United States’ Constitution.

As a result of these liberties, a United States citizen in turn, is expected to uphold the responsibilities of being an America citizen, in conjunction with all applicable legislation set forth.

Citizenship is granted subsequent to 5 of residing within the United States. During this time, the applicant is expected to minimally travel or reside abroad.

Adult applicants who have met the requirements of permanent residence will be allowed to participate in a Naturalization Test. This test will ask basic questions regarding America’s history and question their ability to assimilate to the norms of American society.

Forms Associated with Permanent Residence

Form M-599:This form can be utilized as an alternative to other citizenship requirements,  as a method for non-citizen, Green Card holders exists in order to assist them in the achievement of naturalization through any or all respective military service

Form I-485: The application required in order to adjust the status of residency from a temporary basis to a permanent one

Form G-325:This form must be completed to, provide official documentation, report, and record of the non-citizen’s biographical information. The form G-325 must be completed prior to the fulfillment of the Green Card application process.

Form N-400: The form N-400 must be submitted in the event that an individual who has received a Green Card and has been approved to participate in the application for Permanent Residence.

This form is ten pages long, and possesses a fee of $595. In certain cases, however, a biometric analysis fee can be incurred. This fee is required to initiate a background checkin the amount of; background checks are administered within regions that include mandatory biometric testing. As a result, the final processing fee can total $680.

Legal Assistance Associated with Permanent Residency:

Those individuals who experience complications in regards to the obtainment of permanent residency should contact the United States Citizenship and Immigration Services Bureau. This government department can be contacted through their toll-free phone number: (800) 375-5283.

By contacting this agency, the individual can learn about additional requirements, the expedition process, various requirements, and supplemental pieces of legislation.

Additionally, if an individual would like to seek the aid of an attorney, they should contact an immigration lawyer. These legal professionals are well-versed in the ever-changing and complex laws which circumvent immigration processes and the obtainment of a permanent residency.