Applying for a family-based green card can feel like putting together a giant puzzle. Between confusing form numbers and multiple government agencies, it’s easy to feel overwhelmed at the start.

This guide breaks the process down into plain English, step by step, so you can understand what’s required and move forward with confidence.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation be sure to consult a licensed immigration attorney.

Which Green Card Forms Matter Most?

Most family-based green card cases rely on just three key forms. You can think of them as answering three basic questions: Who is sponsoring? Where is the applicant? And how will the green card be issued?

• Form I-130 – Proves the family relationship
• Form I-485 – Used when the applicant is inside the United States
• Form DS-260 – Used when the applicant is outside the United States
  

Once you know which of these forms apply to your situation, the rest of the process becomes much easier to understand.

Sponsor Status Matters: U.S. Citizen vs. Green Card Holder

Your sponsor’s immigration status directly affects how your case moves through the government’s review process and which forms you can file.

If the Sponsor Is a U.S. Citizen

• Spouses, parents, and unmarried children under 21 are considered Immediate Relatives
• No visa waitlist applies
  Eligible applicants may often file Form I-130 and Form I-485 at the same time (if inside the U.S.). This is often referred to as a “concurrent filing”
• Typically the fastest family-based green card path

If the Sponsor Is a Green Card Holder (LPR)

• Spouses and unmarried children fall into Family Preference categories
• Visa limits apply, which can cause waiting periods
• Applicants usually must wait for a visa to become available before filing Form I-485 or DS-260
  Processing times are often longer than for U.S. citizen sponsorships

Why this matters:
Filing too early—or choosing the wrong form based on sponsor status—can result in delays, rejected filings, or lost fees

1. Form I-130: The "Application Starter"

Every single family Green Card case starts here. Before the government gives anyone a Green Card, they want to make sure the family connection is real.

• Official Name: Form I-130, Petition for Alien Relative.
• The Goal: To prove that the sponsor (a U.S. citizen or Green Card holder) is actually related to the person who wants to move to the U.S.
• Who signs it: The Sponsor
• Proof needed: You’ll need evidence that the claimed relationship is legitimate. This includes but is not limited to: marriage certificates, birth certificates, adoption certificates, death certificates, and other relationship evidence.

Important: This form is just an "initiator." It does not let the relative work or live in the U.S. yet. It just puts them in the "waiting room" for the next step.

2. Choosing Your Path: The Fork in the Road

This is the most important part to remember: You will only ever file either the I-485 or the DS-260. You never file both, because they are for two different locations.

Path A: Form I-485 (The "Inside the U.S." Path)

If the person wanting the Green Card is already physically INSIDE the United States on a temporary visa (like a visitor or student visa), and they meet the necessary eligibility requirements, they would use Form I-485.

• Official Name: Adjustment of Status.
• The Goal: To "adjust" from a temporary visitor to a permanent resident without ever leaving the country.
• Perks: While this form is being processed, the applicant can often get a "Work Permit" (to get a job) and "Travel Parole" (to visit home and come back).

Path B: Form DS-260 (The "Outside the U.S." Path)

If the person wanting the Green Card is living OUTSIDE the United States at the time of filing, they skip the I-485 and use the DS-260 instead.

• Official Name: Immigrant Visa Electronic Application.
• The Goal: To get an "Immigrant Visa" stamped into their passport at a U.S. Embassy or Consulate.
• The Process: After the I-130 is approved, the case is sent to the "National Visa Center." The applicant fills out the DS-260 online and goes to an interview in their home country.
• The Result: Once they fly to the U.S. with that visa, they become a permanent resident the moment they get that visa stamped and enter into the United States. The green card will then be mailed to them within 45-90 days.

3. Why the Sponsor's Status Matters

The speed of your application depends on whether the sponsor is a U.S. Citizen or a Green Card Holder (LPR).

• U.S. Citizen Sponsors: If you are a spouse, parent, or minor child of a citizen, you are an "Immediate Relative." There is no waiting list. You can often file your forms right away.
• Green Card Holder Sponsors: If the sponsor is not yet a citizen, the applicant is put in a "Preference Category" when they file Form I-130. Because there are limits on how many people can join each year, there is usually a waiting list that can last several months or even years before they can complete the remaining steps to get a green card.

Summary: Which Form Do You Need?

Note: Both paths still require the Form I-130 to be filed first (or at the same time, if eligible).

Common Mistakes to Avoid

• Wrong Location: Filing an I-485 while the person is still in their home country. This often results in a rejection.
• Missing Evidence: Forgetting to include proof of the relationship, like bank statements or photos, with Form I-130.
• Ignoring Wait Times: Assuming you can file for a Green Card immediately when your sponsor is not yet a U.S. citizen.

Ready to take the next step?

Understanding which forms apply to your situation is often the hardest part of the family-based green card process. Once you know your path, the next step is gathering your documents and completing the forms correctly.

That’s where SimpleCitizen can help. Our platform guides you through the Form I-130 and/or Form I-485 filing processes step by step and makes it easy to upload and organize your documents—all in one place. Not to mention the peace of mind that comes from having everything reviewed by one of our independent partner immigration attorneys. 

We’re happy you’re here! Whether you’re just getting started or ready to file, SimpleCitizen is here to help you move forward with confidence.

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Please note that form DS-260 and consular processing are completed directly by the applicant through the NVC and are not currently supported by SimpleCitizen’s platform.

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On January 21, 2026, the U.S. government made a major change to immigrant visa processing. The U.S. Department of State announced that it will pause the issuance of immigrant visas for people from 75 countries. This pause has no end date yet.

Below is a simple breakdown of what this means, who is affected, and what applicants should expect.

What Is Changing?

The State Department is temporarily not issuing immigrant visas (green cards processed at U.S. embassies and consulates abroad) for nationals of certain countries.

This pause gives the government time to review how it decides whether someone might become financially dependent on the U.S. government, a concept known as “public charge.”

Even though visas are not being issued right now:

• People can still apply
• Interviews are still happening
• Cases will continue to be processed

But no immigrant visas to people from 75 countries will be approved until the pause is lifted.

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Why Is This Happening?

U.S. immigration law allows the government to deny a visa if it believes a person is likely to depend on government financial help in the future. This is called a public charge determination.

In late 2025, the State Department gave consular officers new guidance that expanded how public charge reviews are done. This guidance tells consular officers that grant visas to:

• Look more closely at health conditions
• Consider an applicant’s age, education, job skills, and finances
• Review health issues of applicants’ family members, even if they are not applying
  

The government is now reassessing these rules, which led to the pause in immigrant visa issuance.

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Which Countries Are Affected?

Note that some of these countries were already subject to full or partial travel bans, which means the news of this policy change may be less urgent for certain applicants.

Who Is Not Affected?

This pause applies only to immigrant visas processed outside the U.S. It does not apply to non-immigrant visas. This means it does not affect:

• Student visas (F-1, J-1)
• Work visas such as (H-1B, O-1, TN, E-3)
• Visitor visas (B-1/B-2)
• People from the list of 75 countries already in the U.S. applying for a green card through USCIS, as long as they are not covered by a separate January 1 memo tied to a presidential proclamation 10998.

Important Consideration:

Some foreign nationals with citizenship from more than one country and using a passport from a country not on the list, may not be affected by this pause.

What Should Applicants Expect?

• Delays are likely, especially for families waiting for green cards through consular processing
• There is no announced end date for the policy
• Public charge reviews may become more detailed and stricter, even for some nonimmigrant visas
• Applicants should watch for messages from USCIS and/or the State Department about their case

Bottom Line

The immigrant visa pause is a processing freeze, not a complete shutdown. Applications can still be submitted and interviews at the time of this post are being scheduled by some Department of State offices, but approvals are on hold while the government rethinks how it evaluates public charge risk.

If you or a family member is affected, we know this news may cause stress and disappointment. We encourage you to stay informed and be prepared for delays. More updates are expected once the State Department finishes reviewing its policies. 

Rest assured that SimpleCitizen is here to help you stay informed. Stay tuned to SimpleCitizen's learning center for more information about this policy change and more as the immigration landscape evolves. And, as always, we’re happy you’re here!

What Is an RFE?

When you apply for an immigration benefit—such as a green card, work permit, or visa—USCIS reviews your application to decide whether it meets all requirements. Sometimes USCIS cannot make a decision because something is missing, unclear, or needs more documentation. When that happens, they may issue a Request for Evidence (RFE).

An RFE is not a denial. It means USCIS is giving you an opportunity to fix issues or provide additional proof so they can continue reviewing your case.

It’s important to remember that it is the responsibility of the applicant to prove to USCIS that they meet the requirements. Based on the information provided, it is then USCIS’ job to determine if the requirements have been met. 

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

What’s Inside an RFE Notice?

Most RFE notices follow a structured format designed to tell you exactly what USCIS needs. You’ll typically see sections that explain:

• The rule or requirement USCIS is applying.
• What evidence you already submitted.
• What is missing, incomplete, or unclear (this is the most important section).
• How and when to respond, including the deadline and submission method.

A strong response directly addresses each request, in the same order USCIS lists them.

Why RFEs Matter

RFEs are common, but how you handle them matters a lot. Responding on your own can be risky if:

• You misunderstand what USCIS is asking for.
• You leave out required documents or explanations.
• You send a "piecemeal" response: USCIS generally only allows one response. If you send documents separately, they may ignore the second mailing and deny your case based on the first incomplete package.
• You miss the deadline (Note: Pandemic-era extensions have ended; deadlines are now firm).
• You send disorganized or incomplete materials.

Any of these issues can lead to a denial—even if the underlying case might otherwise be approvable. For people who are unsure how to respond, getting structured support can help reduce mistakes and stress. SimpleCitizen offers optional RFE support for existing customers who want guidance through this step.

Quick Reference: RFE Dos and Don’ts

How to Respond to an RFE (Best-Practice Overview)

This section explains general best practices and is meant to help you understand how RFEs are commonly handled. As a reminder, this is not legal advice. If you have questions or concerns for how to respond to your own RFE, please consult a licensed immigration attorney. 

1) Read the RFE Carefully

Read the notice more than once. Pay close attention to exactly what USCIS is requesting and whether they want documents, explanations, or both. Look for specific formatting or submission instructions. Remember, small details matter!

2) Create a Clear Checklist

Break the RFE into a checklist of individual requests. This helps ensure nothing is overlooked and makes it easier to organize your response in a way USCIS can quickly review.

3) Prepare a Written Response Letter

In addition to gathering documents, you should include a written response letter (cover letter). 

This letter typically:

• Identifies your case (names and receipt number).
• Lists each RFE request in order.
• Briefly explains what you are submitting for each item.

4) Include Only Relevant, Certified Evidence

Submit the specific evidence USCIS asked for. If a document is in a language other than English, you must include a certified translation. This includes a statement signed by the translator verifying that the translation is accurate and they are competent to translate.

5) Organize the Packet Clearly

A common organization approach includes:

• The original RFE notice on top (USCIS uses the barcode on this sheet to route your file).
• Your response cover letter.
• Evidence grouped and labeled to match each request.

6) Meet the Deadline Exactly

If USCIS does not receive your response by the deadline, they may deny the case. Build in time for mailing delays and always keep your tracking number and proof of delivery. Remember that USCIS will typically act based off of the day the shipment arrived, not the date the shipment was sent. 

Common Mistakes to Avoid

• Sending an incomplete response: Forgetting one item can lead to an immediate denial. 
• Skipping a request: If a request is confusing, provide a written explanation rather than ignoring it.
• Standard translations: Failing to include the "Certification by Translator" statement for non-English documents.
• Waiting until the last day: Mail delays are common; aim to have your packet arrive at least one week before the deadline.
• Sending a response to the wrong place: The RFE letter includes strict instructions on how, when, and where to send the RFE response. This can be a physical USCIS location or an online location. Pay closer attention and make sure you submit your response the correct way. 

Final Thoughts

An RFE is USCIS saying: “We can’t finish reviewing your case yet—please show us exactly what we asked for.” Handled well, an RFE is often just a detour. Handled poorly, it can lead to a denial that creates delays, added costs, or long-term immigration complications.

If you’re an existing SimpleCitizen customer and feel unsure about how to respond, SimpleCitizen offers optional RFE support you can purchase to help you organize, understand, and respond to the notice correctly and on time.

If you’ve received an RFE and want extra guidance, explore SimpleCitizen’s RFE support options to get help preparing a clear, complete response—before the deadline. We’re happy you’re here!

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Last Updated: December 18, 2025

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Effective December 12, 2025, USCIS has changed how it decides whether it can reuse a photo you already gave them for your immigration application. This update affects many people who apply for immigration benefits and receive identity documents like work permits or travel documents.

Here’s what you need to know:

What Is a “Reused Photo”?

When you apply for an immigration benefit, USCIS often takes your photo at a biometric services appointment. This usually happens at an Application Support Center.

In the past, USCIS sometimes reused an old photo instead of asking you to come in for a new one. This helped reduce in-person visits, especially during the COVID-19 pandemic.

Why Did USCIS Change the Policy?

Under earlier rules, USCIS could reuse old photos. In some cases, the photo on an identity document could be 20+ years old by the time the document expired.

USCIS decided this was not ideal for secure identity documents. So, the agency updated the rules to make sure photos are more recent and accurate.

The New Rule: 3-Year Photo Limit

Under the new policy:

• USCIS can only reuse a photo if it was taken within the last 3 years (36 months)
• The 3-year clock is counted from the date the photo was taken at a biometric services appointment
• The rule applies at the time you file your application.

If the photo USCIS has on file for you is older than 3 years, USCIS will require you to take a new photo.

Which Applications Always Need a New Photo?

Even if your photo is recent, USCIS will not reuse photos for these applications:

• Form N-400 (Naturalization)
• Form N-600 (Certificate of Citizenship)
• Form I-90 (Replace or Renew a Green Card)
• Form I-485 (Adjustment of Status)
  

For these forms, USCIS will always collect new biometrics, including a new photograph.

Important Things to Know

• USCIS can still ask for a new photo at any time, even if your old photo is less than 3 years old
• USCIS will not use photos you upload yourself
  The old rules about calculating photo age based on document validity are gone
• The new rule is simpler and stricter

When Does This Take Effect?

• The policy is effective immediately
• It applies to applications filed on or after December 12, 2025
• It replaces any older USCIS guidance on photo reuse

Bottom Line

If you filed an immigration application recently:

• Your photo must have been taken within the last 3 years for USCIS to reuse it
• Many common applications will still require a new photo no matter what
• USCIS has the final say on whether a new photo is needed

Remember, if USCIS asks you to attend a biometric appointment, it does not mean something is wrong—it simply means they need updated information.

You can rely on SimpleCitizen to keep you updated on immigration policy changes as they are announced. We’re happy you’re here!

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This is legal information. Nothing in this blog post should be interpreted as legal advice. For legal advice specific to your immigration situation consult with a licensed immigration attorney.

Last Updated: December 17, 2025.

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President Trump has announced a new and expanded U.S. travel ban that will start on January 1, 2026. This new order affects nationals of 39 countries and people traveling with Palestinian Authority-issued travel documents.

Below is a clear breakdown of what this means, who is affected, and who is not.

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When Does the New Travel Ban Start?

The new travel ban goes into effect at 12:01 a.m. Eastern Time on January 1, 2026. No visas issued before that date will be canceled because of this ban.

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Who Is Affected by the Travel Ban?

The travel ban mainly affects people who:

• Are outside the United States on January 1, 2026; and
• Do not have a valid visa on January 1, 2026.

If you meet both of these conditions and are from one of the countries listed, you may not be able to get a new visa. Individuals from the countries listed who have valid visas may continue to use those visas for travel, however, such individuals may experience enhanced screening at ports of entry. 

Please note that President Trump's proclamation exempts individuals who have a valid visa as of January 1, 2026, from this new version of the travel ban. Some leading law firms say this suggests that such individuals should be able to apply for new visas in the same or a different category after January 1, 2026. Additionally, based on how similar bans were interpreted during the first Trump Administration, it is possible that those physically present in the United States on January 1, 2026, should be exempt from this policy and may be able to apply for a new visa in the same or a different category after January 1, 2026. However, it is not known whether individuals in either of these situations would be able to obtain new visas, and it is recommended that those who are impacted exercise caution when planning international travel. 

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Countries with Full Visa Restrictions

Nationals of the following countries cannot receive any immigrant or nonimmigrant visas under the new ban:

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Countries with Partial Visa Restrictions

For nationals of the following countries:

• Immigrant visas are suspended, and
• Visitor, student, and exchange visas (B, F, M, and J visas) are also suspended

Some work visas (like H-1B or L-1) may still be issued, but the U.S. government may limit how long those visas are valid—sometimes to just three months and one entry.

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Special Rule for Turkmenistan

Turkmenistan is the only country with fewer restrictions than before:

• Nonimmigrant visas are allowed, including tourist and student visas
• Immigrant visas are still suspended, unless an exception applies

Who Is NOT Affected by the Travel Ban?

You are not affected by the ban if you fall into one of these groups:

• You are inside the U.S. on January 1, 2026
• You have a valid U.S. visa on January 1, 2026
• You are a U.S. green card holder
• You are a dual citizen and travel on a passport from a non-banned country
• You are a diplomat or government official traveling on certain government visas
• You qualify for a Special Immigrant Visa as a U.S. government employee
• You are an athlete or member of an athletic team, including coaches, those performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State
• You qualify for a national interest exception (these are expected to be very rare)

Asylum seekers and refugees are also not affected, and people can still apply for asylum or protection under international law. However, keep in mind that USCIS has paused making decisions on asylum cases under another policy change that was put in place earlier this month. 

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USCIS Application Delays May Happen

As discussed in a previous article, USCIS has already paused many immigration applications for people from travel-ban countries. This includes people born in a banned country, even if they are citizens of another country.

This means some cases may be delayed or put on hold.

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What Can You Do Now?

If you or a family member may be affected:

• Check whether your country is on the list
• If possible, considering returning to the U.S. before January 1, 2026
• Be careful about international travel after that date
• Get legal help reviewing your options before making travel or visa plans

For those affected by these changes, we know this must be a stressful and overwhelming time. Please rest assured that SimpleCitizen will continue to share updates as more details become available. We’re happy you’re here!

This is legal information. Nothing in this blog post should be interpreted as legal advice. For legal advice specific to your immigration situation consult with a licensed immigration attorney. 

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U.S. Citizenship and Immigration Services (USCIS) has recently announced major changes that will affect many people who have pending or already-approved immigration applications. These changes take effect right away.

The new policy puts certain applications on hold, orders USCIS officers to take a second look at already-approved cases, and stops all processing of asylum applications for now. These steps come after the national guard attacks in Washington, DC, and a new presidential policy focused on security.

Here’s what this means.

What USCIS Is Doing

According to the new memorandum, USCIS will now:

1. Pause processing of all asylum applications

USCIS will place a hold on every Form I-589 (asylum and withholding of removal), no matter where the applicant is from, pending a comprehensive review. This hold will remain in place until lifted by the USCIS director. No specific date has been given. 

2. Pause pending applications for people from 19 “high-risk” countries

If someone lists one of these countries as their country of birth or citizenship, USCIS will stop work on their pending case until it is fully reviewed. This applies even if the person entered the U.S. years ago.

3. Re-review certain approved cases

If someone from one of the 19 countries entered the U.S. on or after January 20, 2021, USCIS will re-review their already approved immigration benefit. Officers may also extend this review to people who entered before that date.

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Which Applications Are Affected?

USCIS says many types of immigration cases could be paused or reviewed again, including:

• Form I-485 (green card applications)
• Form I-90 (green card replacements)
• Form I-131 (travel documents / advance parole)
• Form I-751 (removal of conditions on permanent residence)
• Form N-470 (preserving residence for naturalization)
  

Keep in mind that this list may grow and employer-filed petitions could also be affected if the worker is from one of the listed countries. We’ll be sure to keep you updated as we receive more guidance from the government.

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What the Re-Review Includes

Every affected person will go through a rereview process. As part of this process the policy states USCIS may:

• Schedule an interview;
• Require a second interview, even for applications that normally do not require one;
• Ask for more evidence; and/or
• Delay a decision until all reviews are complete
  

USCIS states that the goal is to identify security or public-safety risks. Officers will look at identity, background information, and possible security-related grounds of ineligibility. USCIS also notes in their policy document that interview waivers will not be permitted for applicants from the 19 countries listed above.

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Who Is Most Likely to Be Affected?

You may be affected if:

• You were born in or are a citizen of one of the 19 listed countries and you have a pending immigration application.
  
• You are from one of those 19 countries and your application was already approved, but you entered the U.S. on or after January 20, 2021.
  
• You have a pending asylum application (from any country).
  

Please note that because USCIS is using “country of birth or citizenship,” even people who are no longer nationals of a listed country may be affected.

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What This Means for Applicants

If you are affected by this policy change, you should prepare for:

• Longer processing times
• Extra security checks
• Requests for more documents
• Being called in for an interview or re-interview

Unfortunately, this means delays for many people. USCIS says the review process is necessary for national security, even though it will slow down certain cases.

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Possible Future Changes

The administration is also considering expanding the list of countries. If that happens, even more applicants could face paused cases or re-reviews.

We know that changes like this can feel overwhelming and stressful. Please rest assured that SimpleCitizen will continue to monitor these updates and provide clear information as the situation develops. Please reach out to us if you have questions and we will help however we can. And, as always, we’re happy you’re here.

This is legal information. Nothing in this post is legal advice. For legal advice about your personal immigration situation consult with a licensed immigration attorney.

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Get a guided look at how SimpleCitizen supports your immigration journey from start to finish. In this webinar, our team walks through how the platform works, what to expect at each step of the process, and how our pricing and services are structured—so you can move forward with clarity and confidence.

Your immigration journey is personal—and having clear guidance can make all the difference. Now that you’ve seen how the SimpleCitizen process works, you’re one step closer to starting your application. If this webinar helped you better understand your options, we invite you to take the next step: begin your case or reach out to our Live Chat team with any additional questions.

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We're happy you're here!

Understanding the Department of State’s Requirements for Chinese Documents in USCIS Applications

When applying for a green card or other U.S. immigration benefits, Chinese citizens must submit various documents to the U.S. Citizenship and Immigration Services (USCIS). For many applicants, this includes birth and/or death certificates, which must meet specific requirements set by both the Department of State (DOS) and USCIS. In this post, we’ll explain the requirements for submitting Chinese birth and death certificates, including notarization, translations, and what to expect during the application process.

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Chinese Birth Certificates

For Chinese applicants, a Notarial Birth Certificate (Gong Zheng Shu) is typically required. This document is issued by a local Notary Public Office (Gong Zheng Chu) in China. The birth certificate serves as proof of an individual's identity, date of birth, and parentage, and it must meet the following criteria:

1. Issuing Authority and Seal Requirements: The notarial birth certificate should have a watermark, seal, and red stamp to ensure its authenticity. It will typically list the applicant’s full name, gender, date of birth, place of birth, both parents' names, and the applicant's National ID number (for those born after 2012).
2. Translation Requirement: All notarial documents, including the birth certificate, must include an English translation. This translation must be certified and accompanied by a statement confirming that it is accurate and conforms to the original Chinese text. Your notarial birth certificate may already include an English translation. If it does, then you likely do not need to obtain an additional translation for this document.

Chinese Marriage Certificates

If you are submitting a marriage certificate as part of your USCIS application, you’ll most likely need a Notarial Marriage Certificate (Gong Zheng Shu) from a Chinese Notary Public Office. Here’s what to expect:

Types of Notarial Marriage Certificates‍

There are two types of notarial marriage certificates in China:

1. Notarial Certificate for Marriage: This certificate verifies the legality and authenticity of the marriage itself, including the couple’s names, and the date and place of marriage.
2. Notarial Marriage Certificate: This certificate certifies that a copy of the original marriage certificate matches the original document.

Both types of certificates are accepted by USCIS, but the document must meet certain format standards, such as including a watermark, seal, and red stamp.

How to Obtain a Notarial Marriage Certificate

1. Issuing Authority: A local Notarial Office (Gong Zheng Chu) in China is responsible for issuing notarial marriage certificates. These offices are part of the Ministry of Justice and are located in both major cities and rural areas.
2. Required Documents: To obtain the certificate, you will need your National ID, household registration (Hu Kou Bu), and the original marriage certificate. If you live abroad, you may need to submit a copy of your passport. You’ll also need to provide photographs (at least two) and, if applicable, an authorization letter if someone else is requesting the certificate on your behalf.
3. No Certified Copies: Only the original certificate will be accepted by USCIS.‍
4. Translation Requirements
   All Chinese notarial certificates, including marriage certificates, must be translated into English. The translation must be certified and accompanied by a statement confirming that the English translation is accurate and consistent with the original Chinese document.‍‍

Applicants should be aware that same-sex marriages are not legally recognized in China, so applicants from same-sex marriages may face additional documentation challenges.

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Conclusion

Chinese citizens applying for U.S. immigration benefits through USCIS must carefully follow the U.S. Department of State’s guidelines for submitting their vital documents. By ensuring that your documents are properly notarized, translated, and supported by the necessary evidence, you can avoid delays and ensure that your application goes smoothly. Always check the specific requirements for the form you are submitting, and if you are unsure, consider doing your case with SimpleCitizen! SimpleCitizen has helped hundreds of Chinese citizens through this process! Ready to get started? We’re happy you’re here.

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Knowing which USCIS form to file when your green card is expiring can be confusing but is essential to ensuring that your application is processed as quickly and as smoothly as possible. In this guide, we will clarify the differences between the two primary forms used to address expiring green cards:  

1. Form I-90, Application to Replace Permanent Resident Card (Green Card), and 
2. Form I-751, Petition to Remove Conditions on Residence. 

We will outline when each form is used, as well as some of the primary differences between the two processes. Let’s dive in! 

Understanding the Two Primary Green Card Categories:

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First, it's important to understand the two primary green card categories, each of which require a unique “renewal” process when the card is nearing its expiry: 

1. Conditional Permanent Resident Cards/Green Cards, 
   
   1. Valid for 2 years from the date of issue.  
   2. Conditional on the applicant being able to provide additional evidence
   3. Requires the removal of the applicant’s green card / legal permanent residence “conditional status” rather than a formal renewal 
      
2. Permanent Resident Cards, 
   
   1. Valid for 10 years from the date of issue 
   2. Requires a renewal of the applicant's green card / legal permanent residence status 

To know whether you have a standard green card or a conditional green card, simply compare your green card expiration date with your green card issue date.

• If valid for 2 years, you likely have a conditional green card.
• If valid for 10 years, you likely have a standard green card.

Why Conditional Green Cards are Issued: 

Conditional green cards are typically issued when the green card is obtained through marriage, and the marriage was less than two years old at the time of issuance. The idea is that the green card benefit is “conditional” on the applicant being able to provide USCIS with additional evidence of a “bona-fide” / legitimate relationship two years after the green card was issued. This is done by filing Form I-751, Petition to Remove Conditions on Residence and by including extensive relationship evidence at the time of filing. USCIS will evaluate the application and determine if sufficient proof has been provided that the marriage was entered into for legitimate reasons. If the application is approved, USCIS will remove conditions on the permanent resident status and issue a 10-year green card. 

 Applicants who have been married more than 2 years at the date the green card was issued OR who obtained a green card through a different filing category than marriage, generally receive a 10-year green card initially.  

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Key Differences Between the Two Processes 

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Here’s a detailed comparison of the two processes based on the type of green card you hold:

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Key Takeaways

1. Form I-751 is for removing conditions on a 2-year conditional green card.
2. Form I-90 is for replacing an incorrect, damaged, or missing green card as well as renewing a 10-year permanent resident card.
3. Filing on time is critical to avoid legal or logistical complications.

Need Help with Your Application? 

SimpleCitizen helps save you time and money by simplifying the green card renewal and condition removal process. Take our eligibility quiz to get started and use the code TAKE10 at check out to save 10% off your purchase! 

We’re happy you’re here and we can’t wait to work with you! 

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In the world of U.S. immigration, the terms "citizenship" and "naturalization" are often used together, leading to a common question: Are they the same thing? While they are closely related, they are not interchangeable. Understanding the distinction can help you understand your journey within the U.S. immigration system.

Think of it this way: Citizenship is the status, while naturalization is one of the paths to get there.

This article breaks down the precise meanings of each term, who they apply to, and why it’s important to know the difference.

What is U.S. Citizenship?

U.S. citizenship is the highest status a person can hold under U.S. law. It grants a person all the rights, freedoms, and responsibilities protected by the U.S.Constitution.

These rights include:

• The right to vote in federal, state, and local elections.
• The right to run for public office (with some exceptions).
• The ability to travel with a U.S. passport.
• Eligibility for employment by the federal government. 
• Protection from deportation.

How Do You Get Citizenship?

There are two primary ways a person can become a U.S. citizen:

What is Naturalization?

Naturalization is the legal process by which a foreign citizen or national, who is a Lawful Permanent Resident (Green Card holder), can become a U.S. citizen.

This is the path taken by immigrants who were not U.S. citizens at birth. As defined by U.S. Citizenship and Immigration Services (USCIS), naturalization is the way a person voluntarily becomes a U.S. citizen.

The naturalization process is a formal application that involves several steps, including:

• Meeting Eligibility Requirements: This includes being at least 18, being a Lawful Permanent Resident for a set period (typically 3 or 5 years), and meeting continuous residence and physical presence requirements.
• Filing Form N-400: This is the official "Application for Naturalization."
• Biometrics: Providing fingerprints.
• Interview: Attending an interview with a USCIS officer to review the application.
• Civics and English Tests: Passing an exam on U.S. history and government. Learn more here!
• Oath of Allegiance: The final step is attending a ceremony and taking the Oath of Allegiance to the United States.

A Note on Dual Citizenship

A common question for those considering the path of naturalization is, "Do I have to give up my current citizenship?"

There are two points to understand:

• The U.S. Position: The United States does allow for dual citizenship. This means that when you apply for naturalization, the U.S. government does not require you to formally give up your home country's passport or citizenship.
• Your Home Country's Position: However, not all countries allow for dual citizenship. Some countries will automatically revoke your original citizenship the moment you voluntarily become a U.S. citizen.

Before deciding to apply for naturalization, it is essential to check your home country’s laws to understand if you will be permitted to hold both citizenships.

Key Differences: Citizenship vs. Naturalization

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The Most Important Takeaway

You cannot have naturalization without citizenship, but you can have citizenship without naturalization.

If you are a citizen because you were born in the U.S. or to U.S. citizen parents, you never need to be "naturalized." You are already a citizen.

If you are an immigrant and a Green Card holder, naturalization is the name of the journey you take to achieve the goal of citizenship. Once you successfully complete the naturalization process and take the Oath, you are officially a U.S. citizen with all the same rights and responsibilities as a person who was a citizen from birth (with the one exception of being eligible to run for President).