Written & reviewed by NotALawyer Legal AI · Updated May 2026
The main paths to lawful permanent residence — and the trap doors to avoid.
Most green cards issued each year go to relatives of U.S. citizens or lawful permanent residents. Under INA §201(b), the spouse, parent, and unmarried child under 21 of a U.S. citizen are "immediate relatives" — there is no annual cap and no waiting list, only USCIS processing time.
Other family categories are subject to per-country caps under INA §203(a). Adult children and siblings of U.S. citizens, and the spouses and unmarried children of lawful permanent residents, fall into preference categories with backlogs that can range from a few years to more than two decades depending on the beneficiary's country of birth. The State Department's monthly Visa Bulletin shows where each category currently stands.
INA §203(b) divides employment-based immigration into five preference categories (EB-1 through EB-5). Most paths require a U.S. employer to sponsor the worker and complete a labor certification (PERM) with the Department of Labor showing that no qualified U.S. worker is available for the position.
Higher categories let the beneficiary skip parts of that process. EB-1 covers people of extraordinary ability, outstanding professors and researchers, and certain multinational executives. The EB-2 National Interest Waiver lets advanced-degree professionals self-petition where their work is in the national interest. EB-5 is a path for investors who create at least ten U.S. jobs through a qualifying investment.
People granted asylum or admitted as refugees can apply to adjust to lawful permanent residence after one year of physical presence in the U.S. (INA §209). Other humanitarian routes — VAWA self-petitions for abused spouses and children, U visas for crime victims who help law enforcement, T visas for trafficking survivors, and Special Immigrant Juvenile status for certain children in state court — also lead to a green card without a family or employer sponsor.
The Diversity Visa lottery under INA §203(c) makes up to 55,000 green cards available each year to nationals of countries with historically low immigration to the U.S. Registration is free on the State Department's website during a fixed annual window; any "DV lottery service" charging a fee for entry is doing nothing the applicant cannot do directly.
Where the final green card application is filed depends on where the beneficiary is. People already in the U.S. in lawful status generally apply to adjust status with USCIS by filing Form I-485, often with a concurrent Form I-765 (work permit) and Form I-131 (advance parole travel document).
People outside the U.S. — and many people inside who are not eligible to adjust — go through consular processing at a U.S. embassy or consulate abroad. The forms, the fees, the medical exam process, and the interview format all differ. Departing the U.S. while an adjustment application is pending without first obtaining advance parole is treated as abandonment of the application under 8 C.F.R. §245.2(a)(4).
Immigration law has a small number of permanent traps that an applicant can fall into without realizing it. Working without authorization can disqualify a person from adjustment of status under INA §245(c). Accruing more than 180 days of unlawful presence and then leaving the U.S. triggers a 3-year re-entry bar; more than a year triggers a 10-year bar (INA §212(a)(9)(B)). Misrepresenting a material fact on any immigration form can result in a permanent inadmissibility finding under INA §212(a)(6)(C).
Because the consequences of a misstep can be permanent, talking to a licensed immigration lawyer before filing is generally a good idea — particularly for anyone with a prior removal order, a criminal record, prior unauthorized employment, or a previous denial.
A new green card is valid for ten years (or two years for marriage-based conditional residents). Lawful permanent residents must carry evidence of their status at all times under INA §264(e), file U.S. taxes as residents, and avoid trips abroad of six months or more without first obtaining a re-entry permit on Form I-131.
Long absences can also reset the clock for naturalization eligibility. An LPR planning more than a year abroad should consult a lawyer about a re-entry permit and about preserving residence for citizenship purposes before leaving — fixing it after the fact is much harder.
More on this topic: the Immigration hub
These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.