Frequently Asked Questions

Green Card Basics and USCIS Agency

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• What is a residence card or green card? - Although this is not one of the most frequently asked immigration questions, it is one of the most important concepts that should be known. A 'green card', issued by US Citizenship and Immigration Services (USCIS), grants lawful permanent resident status, with authorization to live and work anywhere in the United States. Most green cards must be renewed every ten years, but marriage- or investment-based green cards must be replaced with a permanent one after two years.

• What is USCIS? - US Citizenship and Immigration Services (USCIS), part of the United States Department of State (DHS), is the government agency that manages all paperwork related to legal immigration to the United States. USCIS is responsible for approving green cards, naturalization, work permits, travel permits, and other 'immigration benefits.'

• What is a lawful permanent resident? - A lawful permanent resident, as green card holders are known, is a foreign citizen who is allowed to live and work anywhere in the United States, sponsor certain family members to obtain their own green cards, and apply for US citizenship .

• What is conditional permanent residence? - A conditional resident card is valid for only two years and bears the designation "CR1" printed on the card, which stands for "conditional resident." A conditional green card holder must file Form I-751 to "remove the conditions" and obtain a permanent resident card. In most cases, a conditional green card is issued to a spouse who has been married less than two years at the time the green card is approved. Learn more here. 

• For what reason can an application for a green card be denied? - The reasons why a green card application is denied are part of one of the immigration FAQs. The US government can deny a green card application for a number of reasons, including errors in the required forms, missing documents, insufficient financial resources, or lack of proof of eligibility. You can find more details about possible reasons for green card refusal here.

• Can I work within the United States while I wait for my green card? - Anyone with a valid work visa (for example, an H-1B or L-1 visa) can generally continue to work while applying for a green card. Without a valid visa, green card applicants cannot begin working within the United States until they obtain a work permit applied for on Form I-765.

• What is the VISA bulletin? - The Visa Bulletin, a publication issued each month by the US Department of State, announces which green card applications can move forward in the process, based on the date the i-130 petition was initially filed. The visa bulletin exists because Congress limits the number of green cards that can be issued each year in certain categories, which has created several processing delays.

• What is the biometric exam? - Knowing that you have to go to a biometric exam during the process of obtaining the residence card usually generates many of the most frequent immigration questions. During a biometric screening, or biometric registration appointment, a government representative will take the applicant's fingerprints, photos, and signature. This is for the purpose of checking government records for serious criminal records or prior immigration violations. The biometric appointment is generally short and simple.

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Green cards obtained by marriage

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• What is a marriage residence card? - Most citizens and green card holders have the right by law to sponsor their spouses to obtain a green card, a document that proves permanent residence status. The total cost, waiting time and other details of the marriage green card application can vary depending on several factors.

• How long after my marriage can I apply for a green card? - A marriage green card can take anywhere from 10 to 38 months to process, depending on whether your new spouse is a US citizen or green card holder and where you currently live.

• What documents do I need to obtain the residence card by marriage? - There is no single answer to this frequently asked immigration question. The documents required for a marital green card may vary according to each individual situation, but generally the couple must provide evidence of the relationship such as: proof that the sponsoring spouse is a US citizen or permanent resident; copy of the marriage certificate; evidence that the marriage is bona fide; and proof that the sponsoring spouse can financially support the spouse who is applying for a green card.

• What is the difference between the fiancé visa and the marriage visa? - The K-1 or 'fiancé visa' is a temporary visa, only available to fiancés of US citizens who live outside the country and intend to marry within 90 days of arrival in the United States. A marriage green card is available to spouses of US citizens and green card holders, whether they live within the United States or abroad, and grants permanent residence.

• How long does it take to get a green card? - There are several ways to obtain a green card, and the time it takes to process each one is different. Depending on the situation, the process for the residence card by marriage can take from 15 months to more than 3 years. The delay has been due to multiple factors, including the Covid-19 pandemic.

• What is a K-1 VISA? - The K-1 fiancé visa is a visa available to fiancés of US citizens living abroad who intend to marry within 90 days of arriving in the United States.

• How much does it cost to get a green card? - The total cost for each type of green card application may vary. Government fees for marital green cards are $1,760 if the applicant spouse lives within the US and $1,200 if they live abroad. However, many applicants have additional expenses, such as the fee for the required medical exam.

• What is the required income to apply for a marital green card? - To be eligible for a marriage green card, the applicant must have a US-born financial sponsor (typically the spouse) who certifies through an affidavit (Form I-864) that their annual income is equivalent to a minimum of 125% of the Federal Poverty Guidelines. The exact minimum income can be obtained from the poverty table that is published annually.

• How should I prepare for my marriage green card interview? - The final step in the marriage residence card process is the interview where the main objective of the interviewing officer is to evaluate the authenticity of the marriage. Interview questions can focus on the history of the couple's relationship, as well as their daily activities and plans for the future.

• How can we prove that our marriage is authentic or "bona fide"? - A 'bona fide' marriage refers to the fact that the two people who constitute it have the intention of building a future together and that they were not married only for immigration reasons Evidence of a bona fide marriage may include joint financial documents, evidence of your daily living together (cohabitation), tickets and photos from trips taken together, and other types of evidence.

• When can I visit my spouse in the United States? - Although a spouse seeking a green card from abroad can technically visit her spouse in the United States on a tourist visa, doing so is generally discouraged. Immigration officers not only deny entry to the United States upon learning of a tourist's pending green card application, but often “misrepresent” the visit intentions, which could also jeopardize the application.

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Residence card renewal

 

• With what priority time should I renew my residency? - It is advised that you do so six (6) months before expiration.

• My card expires in 30 days; What should I do? - You must make the renewal through form I-90 and the corresponding fee (charge).

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Common forms

 

• What is an affidavit of support (I-864)? - Most green card applicants often have this common immigration question, as they need a US sponsor to accept financial responsibility for them upon arrival in the United States. An “Affidavit of Support” (Form I-864) is basically a contract between the financial sponsor and the US government in which the sponsor demonstrates that they meet the income requirements imposed by the government.

• What is Form I-693 (Medical Examination Results)? - The Green Card Medical Exam, listed on Form I-693, documents the results of a required medical exam for a spouse (or other family member) seeking a green card. For those applying from within the US, the medical examination is performed by a US Citizenship and Immigration Services (USCIS)-approved physician who provides a signed Form I-693. If the applicant is located outside of the US, the exam is conducted by a physician approved by the US Department of State.

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Aspects of naturalization

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Important updates on the 2020 version of the civics test.

Beginning April 19, 2021, USCIS will administer only the 2008 civics test to N-400 applicants at their initial interview appointment, regardless of their filing date. USCIS will no longer offer the 2020 civics test at the initial interview, but will still provide study materials for the 2020 test for those applicants who are eligible to choose between the 2008 or 2020 civics test for reexamination or the hearing of N-336. For more information on the 2020 civics test, visit the Civics Test 2020 Version page. USCIS has developed answers to several frequently asked questions related to the naturalization and interview and test process.

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• Do I need a lawyer to apply for US citizenship? - No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be filed online. However, some people choose to seek assistance from an attorney or representative accredited by the Executive Office for Immigration Review.

  • Seek legal advice

  • Find help in your community

If you choose to submit Form N-400, Application for Naturalization without legal aid, get information about the        naturalization application process and study materials to help you prepare for the naturalization test at the              Citizenship Resource Center. Also visit the instructions page for Form N-400, Application for Naturalization.

• Does USCIS publish the naturalization test questions? - Yes. USCIS publishes a complete list of the 100 civics questions and answers for the naturalization test that applicants may be asked during the naturalization interview. These questions are available in English, Arabic, Chinese, Korean, Spanish, Tagalog, and Vietnamese. During the naturalization test, a USCIS officer will ask the applicant 10 random questions out of the 100 civics test questions. The USCIS officer will ask the applicant only the civic questions on this list. USCIS provides free educational resources to help applicants prepare for the naturalization test. The Citizenship Resource Center provides study materials to help applicants prepare for English and civics tests, including videos to help prospective applicants understand what to expect during the naturalization interview and application process. In addition, the site contains interactive practice exercises and naturalization self-tests that applicants can use to gauge their level of readiness. Many of these citizenship resources are available in other languages. In addition, the Find Help in Your Community page allows people to search for free or low-cost citizenship classes throughout the United States.

• Does USCIS make frequent changes to the questions on the naturalization test? - Usually not. However, some answers may change due to elections or appointments. As you study for the test, make sure you know the most current answers to these questions. Visit the Civics Test Updates page to find answers to these specific questions. For the summer of 2024 the exam system will change.

• Will I be asked the 100 civics questions during the naturalization interview? - No. Although there are 100 civics questions available on the naturalization test (PDF, 289.07 KB), you will not be required to answer all of them during your naturalization interview. You will be asked up to 10 questions from the list of 100 questions. You must answer six (6) of the 10 questions correctly to pass the civics test.

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Because my Green Card allows me to travel between the United States and my country of origin;

 

• Can I live in both places until I am ready to apply for citizenship? - To qualify for citizenship, applicants generally must show that they have continuously resided in the United States for at least 5 years before filing Form N-400, Application for Naturalization. This means that you must reside exclusively in the United States, not in any other country. You may travel to another country, including your home country, as long as no other legal impediment prevents you from doing so. However, if a trip extends for more than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are not eligible for naturalization. In addition to looking at the length of your trip abroad, USCIS will look at the frequency of your frequent and short trips abroad that result in you spending more than half of your time outside the United States. This is known as the "physical presence" requirement. If you take frequent, short trips abroad that result in you spending more than half of your time outside the United States, then you will also be ineligible for naturalization. The "continuous residence" and "physical presence" requirements are interrelated, but are different requirements. An applicant for naturalization must satisfy each requirement to be eligible for naturalization.

• Will USCIS approve my Form N-400, Application for Naturalization, once I pass the reading, writing, and civics portions of the naturalization test? - No. In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the oral communication portion of the naturalization test and meet all other naturalization requirements. The oral communication test occurs during the eligibility review. USCIS offers interactive practice tests to help you prepare. During your naturalization interview, a USCIS officer will review with you the answers he provided on your Form N-400, Application for Naturalization. The USCIS officer will ask questions to clarify or confirm your answers. Prepare for the English Speaking Test by making sure you understand each question on the application and so that you can answer each question according to your situation. You have demonstrated the ability to speak English if you generally understand and can respond accurately to the USCIS officer. Applicants can ask the USCIS officer to repeat or rephrase the questions during the naturalization interview. For additional information on how USCIS officers assess oral communication skills in the English language, see the US Naturalization Test Scoring Guides. Certain applicants, due to age and time as lawful permanent residents , are exempt from the English requirement for naturalization, and may take the civics test in the language of their choice.

• Can I legally change my name while my naturalization application is pending? - Yes. You can legally change your name after you file your naturalization application with USCIS. If your name has changed after you file an application for naturalization, you must immediately provide USCIS with documents showing that you legally changed your name, such as a marriage certificate, divorce decree, court order, or other official record. Be sure to mention your name change and bring related documents at the time of the interview. You can also legally change your name when you naturalize. The instructions for Form N-400, Application for Naturalization, include information about what is required when you want to change your name upon naturalization. At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court prior to the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition. The petition is later presented to you during the naturalization ceremony as evidence of the name change. All name change requests facilitated through USCIS will require you to take the oath of allegiance at a court ceremony, rather than an administrative one. USCIS has little control over the schedule of court ceremonies. However, most courts are very supportive of meeting the need for naturalization ceremonies.

• Do I need to bring original documents such as birth and marriage certificates to the naturalization interview? - Yes. You must bring certain original documents to your interview. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of sample original documents that you should bring to the interview, depending on different case scenarios. Examples of these documents include: original birth, marriage, divorce, final adoption, and naturalization certificates; court orders/decrees; evidence of child support payments; court certified arrest reports, and probation records. Certain certified copies of documents may also be provided. You must also submit copies (preferably certified copies) of these documents with the initial submission of your application. These documents must be submitted as supporting evidence of your application, and will facilitate the review of your application by USCIS officials.

• When should I file Form N-648, Medical Certification for Disability Exceptions? - Applicants for naturalization seeking an exception to the naturalization requirements in English and/or civics due to a physical or developmental disability or mental disability are encouraged to submit this form at the time they file the Form with USCIS. However, USCIS recognizes that certain circumstances may prevent the simultaneous filing of the application for naturalization and the disability exception form. Accordingly, an applicant may submit the disability exception form during any part of the naturalization process, including after the application is filed, but before the first examination, during the first examination, during the reexamination if the first examination of the applicant was rescheduled, and during review of a naturalization application denied.

• How will I know what the decision is on the Form N-648, Medical Certification for Disability Exceptions that I filed? - The decision on your Form N-648 will be made at the time of your naturalization interview. If your Form N-648 is found to be sufficient proof, and the licensed medical professional who completed your Form N-648 indicated on the form that you were unable to meet all of the educational requirements, the officer will conduct the eligibility interview. in your language of choice with the use of an interpreter and will not test you on any of the educational requirements. If your Form N-648 is found to be sufficient proof, and the licensed medical professional indicated on the form that you were unable to meet only some of the educational requirements, the officer will administer the exams for the other requirements. You will be allowed to use an interpreter if the medical professional indicated that you cannot meet the oral communication requirement in English. If your Form N-648 is not sufficient, the officer must continue with the eligibility interview in English and administer all portions of the English and civics tests as if you had not filed Form N-648.

• What should I do if I have already applied for naturalization and my permanent resident card, also known as a "Green Card" is expiring? - A lawful permanent resident is required to have valid, unexpired proof of lawful permanent residence in their possession at all times. Applying for naturalization does not change this requirement. For this reason, you generally must apply to renew your expiring Green Card, even if you have applied for naturalization. For more information on how to renew your Green Card, visit How to Replace Your Permanent Residence.

• If I fail a part of the naturalization test; When will I take the exam again? - Unless you are eligible for an exception to the English or Civics requirements, you will be given two opportunities to meet the English and Civics requirements. If you fail any part of these requirements, you will be retested at a new interview on the part of the test you failed (English or Civics) 60-90 days from the date of your initial interview.

• How many times can I apply for naturalization? - There is no limit to the number of times you can apply for naturalization.

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