Q&A

What is resident status us?

What is resident status us?

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a “Green Card.”

How long must he or she have been a US resident?

Demonstrating “continuous presence” You must have continuously lived in the United States as a green card holder for at least five years (or at least three years if you’re married to a U.S. citizen).

When do you become a resident alien of the United States?

Skip to main content. If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

Who is an immediate relative of a United States citizen?

An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old); A K-1 fiancè (e) or a K-2 fiancè (e) dependent who married the United States petitioner within 90 days of admission; or

Can a person born outside the United States be a US citizen?

The law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time.

When did you become a resident of the United States?

You have continuously resided in the United States since before January 1, 1972. This is known as the “Registry.”

An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old); A K-1 fiancè (e) or a K-2 fiancè (e) dependent who married the United States petitioner within 90 days of admission; or

When does I-485 apply for permanent residence?

I-485, Application to Register Permanent Residence or Adjust Status. For more information on updates to Form I-485, see this video. On Aug. 14, 2019, DHS published a final rule on the public charge ground of inadmissibility (see section 212(a)(4) of the Immigration and Nationality Act). The final rule becomes effective Oct. 15, 2019.

Can a nonresident alien be a resident alien?

In some cases, aliens are allowed to make elections which override the green card test and the substantial presence test, as follows: You can be both a nonresident alien and a resident alien during the same tax year. This usually occurs in the year you arrive or depart from the United States.