U.S. Green Card – Legally Sound Planning

A green card gives you the opportunity to acquire U.S. citizenship after three to five years. German nationals have, as a rule, been able to acquire US citizenship since 27 June 2024 without losing their German nationality. A retention permit is no longer required for this.

A green card grants the holder many rights, but also entails certain obligations:

• Green card holders must move and maintain their primary residence in the U.S., otherwise they risk losing their green card.
• Stays outside the U.S. for less than six months at a time are generally not a problem. However, if you stay abroad for between six months and a year, re-entry as a green card holder can become problematic. In such cases, a U.S. border official may ask questions and, if necessary, request documents proving that you have maintained your center of life in the U.S.
• Persons who have been outside the U.S. for more than one year must generally apply for a special visa in order to re-enter the U.S. as a green card holder. Such a Returning Resident Visa is only issued if special conditions are met, i.e. the longer stay abroad was due to force majeure, such as hospitalization. In practice, you can also try to re-enter without a Returning Resident Visa if you have been outside the U.S. for more than one year. However, such an attempt involves considerable risks and, based on experience, requires prior consultation with a lawyer.

Anyone who knows before leaving the country that they will be spending a longer period of time outside the U.S. can apply for a reentry permit. This allows them to stay outside the U.S. for up to two years without having to apply for a returning resident visa to reenter the country.

Before obtaining a green card, the tax consequences of a U.S. green card – both under U.S. tax law and the tax law of the holder's home country – should also be considered. Anyone who has a green card and has accordingly moved their center of life to the U.S. must, of course, pay U.S. taxes.

There are basically two categories: employment-based and family-based green cards. The former can be applied for jointly by employers and employees, the latter by family members of U.S. citizens and U.S. green card holders.

However, there are exceptions for certain groups of people:

• Investors can also obtain a green card through the EB-5 investment program.
• People with exceptional abilities can apply for a green card in the EB-1 category via a so-called self-petition, even without a job or job offer.
• People who are engaged in activities that are in the national interest of the U.S. can also obtain a green card in the EB-2 category without an employer.
• For all other people, participation in the green card lottery is also an option.

In recent years, new policy proposals have increasingly emerged in public discourse, including the so-called Trump Gold Card and the Trump Platinum Card. Both concepts are aimed at extremely wealthy foreigners and provide for payments in the millions directly to the U.S. government. In return, they would grant special residency or tax privileges. While the Gold Card is primarily advertised as a “premium immigration option” for the ultra-wealthy, the Platinum Card – according to drafts known to date – provides for long-term residence in the U.S. with significant tax advantages without the need for a traditional green card.

However, unlike the legally established EB-5 program, these programs are not legally secure in the long term. They are based in part on presidential initiatives or political announcements and, especially in the case of the Platinum Card, could only be implemented with the approval of the U.S. Congress. Experts therefore point to considerable legal uncertainties, as essential parts of immigration law are reserved for Congress and cannot be created solely through presidential measures. Whether, when, and in what form these Trump Cards will ever be legally implemented remains open.

Applying for a green card involves a variety of costs. These include the costs for the necessary medical examination, vaccinations, and fees for applying for an immigrant visa at the U.S. consulate. These fees are quite manageable at USD 220 or USD 325 for the immigrant fee and approximately EUR 500 for the medical exam (as of October 2022). However, it is advisable to consult a U.S. visa expert who will work with the applicant to determine which visa category offers the best chance of success and provide qualified assistance with the application process.

A green card for the U.S. cannot simply be purchased. The issuance of most green cards is subject to strict conditions, such as the presence of U.S. family members, a U.S. employer, or special skills and qualifications. The only exception to this is the EB-5 green card, which allows foreigners to obtain a green card through a passive investment in a U.S. company or U.S. Regional Center. In this case, one could speak of a green card purchase in the broadest sense.

The green card is the “ticket” to permanent residence in the USA. However, once granted, this does not mean that green card status cannot be revoked.

• If a green card holder commits a crime, they may lose their green card status.
• Spending too much time outside the United States can also put their status at risk.
• In the event of a divorce, green card status may also be revoked under certain circumstances if the green card was issued on a conditional, two-year basis.