Applying for Lawful Permanent Resident Status (LPR) And Getting A Green Card
Last updated on June 11, 2025
The immigration laws in the United States not only are confusing but also can be antiquated. At Wilson Law Group in Minneapolis, we help clients who are applying for green cards, or lawful permanent residency status. Founded in 2003, we take an innovative approach and offer creative solutions to the bureaucracy of immigration challenges.
Who Is Eligible For Lawful Permanent Residency And A Green Card?
There are several ways to qualify for legal entry into the United States and obtain lawful residency status. These include:
- Immediate relatives of U.S. citizens
- Immediate relatives of lawful permanent residents
- Employees with sponsorship from a U.S. company
- Refugees and asylum seekers
Family-based immigration petitions require that a U.S. citizen or lawful permanent resident family member sponsor the foreign national applicant’s petition. Our green card lawyers can help you or your family assess the most efficient means of obtaining an immigrant visa.
Who Makes The Decision About Who Qualifies For An Immigrant Visa?
The Department of State (USDOS) – and not USCIS – makes the final decision whether someone qualifies for an immigrant visa. In assessing eligibility, the USDOS will evaluate whether the foreign national is admissible to the United States, taking into consideration any possible grounds for inadmissibility.
Grounds Of Inadmissibility That Can Prevent Permanent Resident Status
There are more than thirty grounds of inadmissibility that can bar someone from permanent residency. Some of the more common grounds for inadmissibility include having a history of criminal activity, health concerns like having a communicable disease, or a history of having helped someone illegally enter the U.S. Some of the grounds of inadmissibility are waivable, while others are not. An experienced immigration attorney can help you understand if you might be ineligible or inadmissible for some reason and if so, if an applicable waiver is available.
What Is Consular Processing?
Consular processing generally refers to the process of applying for an immigrant visa at a U.S. Embassy or Consulate abroad to obtain permanent residency (green card).
The process involves many steps, which generally (but not always) begins with the filing of an I-130 visa petition with the appropriate office of U.S. Citizenship & Immigration Services. Once approved, the matter is forwarded to the National Visa Center for payment of fees and filing of various forms and documents for the immigrant visa application. The National Visa Center then typically schedules a final immigrant visa interview at the U.S. Embassy or Consulate abroad.
How Long Does A Green Card Last?
Most lawful permanent residents receive a green card that is valid for 10 years. However, conditional permanent residents, including those who obtain their status through marriage to a U.S. citizen or through certain investment programs, initially receive a green card valid for only 2 years. Understanding the validity period of your green card and the renewal process is essential for maintaining your lawful permanent resident status in the United States.
It is important to note that while your green card may expire, your status as a lawful permanent resident does not automatically end with its expiration. Nevertheless, carrying a valid, unexpired green card is required by law, and an expired card can create significant complications in your daily life.
What Happens If Your Green Card Expires?
When your green card expires or is approaching expiration, you must file Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). This application should be submitted approximately 6 months before your current card expires to allow sufficient processing time and avoid any gaps in documentation.
Consequences of having an expired green card include:
- Difficulty proving your right to work in the United States
- Challenges when returning to the U.S. after international travel
- Problems obtaining or renewing a driver’s license
- Complications when applying for government benefits
- Potential legal issues for failing to carry valid proof of immigration status
For conditional permanent residents, the process differs significantly. Rather than filing Form I-90, you must file a petition to remove the conditions on your residence before your conditional green card expires. Depending on your situation, this involves submitting either Form I-751 (Petition to Remove Conditions on Residence) for those who obtained status through marriage or Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status) for investment-based immigrants.
Filing these petitions late can result in serious immigration consequences, including potential loss of lawful permanent resident status. However, USCIS may accept late filings if you can demonstrate good cause for the delay and file the petition with a detailed explanation.
Our immigration attorneys can help you navigate the green card renewal process to maintain your lawful permanent resident status and avoid unnecessary complications. We assist clients in preparing accurate and thorough renewal applications, addressing any potential issues that might complicate the renewal process and developing strategies to overcome any anticipated challenges.
Obtaining U.S. Citizenship After Achieving Permanent Residence Status
Becoming a U.S. citizen is the end goal for many lawful permanent residents or Green Card holders. Once you get a permanent residence status, you are on the path to achieving full citizenship. Our knowledgeable attorneys can help you understand the eligibility criteria and steps involved in achieving permanent residence.
What Is The Process Of Naturalization?
The process of obtaining U.S. citizenship through naturalization involves the following steps:
- Eligibility check: Includes being a lawful resident (Green Card holder) and 18 years old.
- Continuous residency: The applicant must have lived in the United States for at least five years without leaving for extended periods. However, the residency requirement may be shorter for spouses of U.S. citizens or military service members.
- Good moral character: The applicant must demonstrate good moral character during the five years preceding their application.
- Language and civics test: An applicant must demonstrate proficiency in English by passing a reading, writing and speaking test. Also, they must demonstrate knowledge of U.S. history and government by passing a civics test.
- Application process: This begins with filing Form N-400, the Application for Naturalization, with the U.S. Citizenship and Immigration Services (USCIS). An applicant must submit the required documents and the application fee along with the application.
- Interview and examination: After reviewing the application, USCIS will schedule an interview where the applicant will be required to answer questions about their background.
- Oath ceremony: If the application is approved, there will be an oath ceremony where the applicant will take the Oath of Allegiance to the United States. Officially, the ceremony makes them U.S. citizens.
Obtaining U.S. citizenship through naturalization is a major achievement. It’s best to seek the services of a green card attorney in Minneapolis, Minnesota, as they are well-equipped to advise you on citizenship and naturalization matters.
Consult With An Immigration Attorney In Minneapolis For Free
Our firm offers free initial consultations. Our green card lawyers can advise you on the best options for your petition for lawful permanent residency status and assess any potential challenges for approval. Contact our office at 612-430-8022 or send an inquiry through our website to schedule your free appointment.
