For many immigrants, obtaining a green card can seem overwhelming. Unfortunately, misinformation can make the process even more confusing. Whether you’re applying for a green card for the first time or supporting a loved one in their journey, it’s important to separate fact from fiction. Read this blog to learn about five of the most common myths about green cards and why they simply aren’t true.
Five Green Card Myths & the Truth
Myth One: Getting Married to a U.S. Citizen Automatically Grants You a Green Card
One of the most pervasive misconceptions about green cards is that marrying a U.S. citizen instantly gives you the right to live and work in the United States. While marriage to a U.S. citizen does provide a pathway to permanent residency, it’s not automatic.
The process still involves multiple steps, including filing a petition, undergoing background checks, providing evidence of a bona fide relationship, and attending an interview with U.S. Citizenship and Immigration Services (USCIS). The entire process can take several months or longer, depending on various factors. Simply put, marriage is no shortcut to bypass immigration laws.
Myth Two: You Can’t Work While Your Green Card Application is Pending
Many people believe that they cannot legally work in the U.S. while their green card application is being processed. This isn’t always the case. If you are already in the United States and apply for an adjustment of status, you may also apply for a work permit (Form I-765) while waiting for your green card. Once this permit is approved, you can work legally until your green card application is resolved.
If you apply for a green card through consular processing, however, you would need to wait until you receive your green card before starting work in the U.S. But in many cases, applicants can maintain employment legally as long as they follow the proper procedures.
Myth Three: Green Cards Last Forever and Don’t Need to Be Renewed
Contrary to what some believe, green cards are not permanent in the sense that they last forever. While they provide permanent residency, the physical green card itself has an expiration date. Typically, a green card is valid for 10 years, after which it must be renewed by filing Form I-90.
For individuals who received conditional green cards, such as through marriage, those cards are valid for only two years and require an additional step to remove conditions by filing Form I-751. Failing to renew your green card on time doesn’t revoke your permanent resident status, but it can lead to complications, including difficulties when traveling or proving your legal status.
Myth Four: You Can Lose Your Green Card if You Spend Time Abroad
While it’s true that extended time outside the U.S. can affect your green card status, brief trips or vacations generally won’t cause any issues. However, if you stay outside the U.S. for more than six months, you might be questioned about your intentions to maintain U.S. residency upon reentry. Stays longer than one year can potentially lead to a loss of your permanent residency unless you obtain a re-entry permit before leaving.
Essentially, it’s important to maintain strong ties to the United States and be mindful of how long you spend abroad, but you won’t lose your green card over short trips.
Myth Five: You Don’t Need an Attorney to Apply for a Green Card
Many believe that because the green card application process appears straightforward, there’s no need to hire an immigration attorney. This is a dangerous myth. Immigration laws and procedures are complex, and even a small error on your application can lead to significant delays or denials.
An experienced immigration attorney can help you avoid mistakes, ensure all deadlines are met, and offer guidance specific to your case. While it’s not legally required to have an attorney, having professional legal assistance can make a critical difference in the success of your application.
If you’d like to learn more about obtaining a green card in the United States or you believe you qualify for one, please don’t hesitate to contact a New York City immigration lawyer from the Lightman Law Firm today.
