Answered by David Kaplan
Frequently asked immigration questions
Can green card holders vote?
No. You must be a U.S. citizen and at least 18 to vote in any federal or state election. A few local, non-governmental elections may allow green card holders. Always disclose your immigration status before voting, and talk to us if you have ever voted or registered by mistake.
How do I get a green card for my parents?
You must be a U.S. citizen, by birth or naturalization, and at least 21 years old to petition for your parents.
Can I get a green card with a criminal record?
Sometimes, yes. This is a complex area of immigration law. Your eligibility depends on the nature of your record and how it interacts with immigration law, so have us review it before you file anything.
How can I get a green card based on marriage?
A U.S. citizen or green card holder spouse files a petition for you. Once it is approved, how and when you apply depends on where you are, your status if you're in the U.S., and whether your spouse is a citizen or a permanent resident. This applies to same-sex couples too. U.S. citizens can also petition for a fiancé(e) abroad, who comes to the U.S. and applies for a green card after the wedding.
Can I get a green card from an H-1B visa?
Not directly. The H-1B is a nonimmigrant visa that lets you work for a specific employer, generally for up to six years. For a green card, an employer (often your current one) must go through a separate process, usually a labor certification with the Department of Labor and an I-140 petition for you.
What happens if we divorce before the green card interview?
Generally, you can't adjust status through the marriage if you divorce the petitioner before the interview. If your spouse abused you, you may be able to self-petition under the Violence Against Women Act (VAWA), which is another path to a green card.
Does a green card holder need to do jury duty?
No, and you must not. USCIS can treat serving on a jury as an implied false claim to U.S. citizenship. If you receive a jury summons, respond that you are not a citizen.
Can I get a U.S. visa if I witnessed a crime?
Under some circumstances. You must have been significantly affected by the crime as an indirect victim. For example, someone who witnessed a homicide and suffered a heart attack as a result may qualify.
More detail in our guides.