Ever dreamed of living and working in the United States? A green card might be just the ticket you need. But getting a green card isn’t always straightforward. It involves navigating a maze of forms, petitions, and processes – all while trying to meet specific eligibility criteria.
This guide is here to shed light on the path to permanent residency and help you understand the intricacies of the green card.
A green card, or a permanent resident card, signifies your permission to reside and work in the U.S. It allows you to live and work in the country indefinitely, opening up a world of opportunities. But not all green cards are the same. There are several types, each designed to cater to a specific category of applicants, including:
Each type of green card comes with its own set of eligibility criteria that must be met for the card to be issued. The question arises, who are the issuers of these green cards? The U.S. Citizenship and Immigration Services (USCIS) oversees the entire green card application process. They ensure that all applications meet the necessary criteria and are accompanied by the required documentation. It may seem like a daunting process, but understanding the basics can make it much more manageable.
Once you decide to apply for a green card, the initial step might seem unclear. The green card application process isn’t as simple as filling out a form and waiting for approval. It’s a multi-step process that involves initial petitions, filing of forms, and several stages of processing. Fear not, as this guide aims to simplify the process for you.
Whether you’re applying from within the U.S. or from abroad, you’ll need to start by completing the appropriate forms. For those already in the U.S. on a nonimmigrant visa, that would be Form I-485. If you’re starting your application from outside the U.S., you’ll need to complete Form DS-260. These forms are then sent to the National Visa Center (NVC), where they will be reviewed and processed. You might be curious about the next steps after submission of your application. Let’s break it down into three stages: Starting Your Journey, After Submission, and Final Stages.
Before you can start your journey towards becoming a permanent resident, you need to:
If you’re applying for a family-based green card, your relative will need to submit Form I-130, known as the Petition for Alien Relative. For an employment-based green card, your employer will need to file Form I-140, or the Immigrant Petition for Alien Worker, on your behalf. In both cases, you’ll need to provide supporting documentation, such as passport-style photographs, a copy of a government-issued ID, and your birth certificate.
After successfully submitting your application, you may wonder about the subsequent stages. After you’ve submitted your application, several checks will be conducted to ensure you meet all the necessary criteria. These checks include collecting fingerprints, running a name check with the FBI, and undergoing a biometrics screening. While this process sounds complex, it’s crucial to ensure that only eligible individuals are granted green cards.
The time it takes to process your green card application can vary. On average, it takes between 10 to 13 months for an application to be processed. During this time, you’ll need to attend an interview where a USCIS officer will ask you questions about your application and any changes that may have occurred since its submission. You’ll also need to undergo a medical examination to ensure you don’t have any health conditions that could pose a risk to public health.
Upon acceptance of your application, the final stages of the green card process commence. This involves waiting for a visa number to become available and adjusting your status to that of a permanent resident. But how does this work?
The visa bulletin serves as a guide to the availability of visas. The U.S. government sets an annual quota for each type of green card. As a result, you may need to wait for a visa number before being able to submit your green card application. The waiting period is often the longest part of the application process, due to the immigrant visa quotas established by Congress. However, to reduce processing times, USCIS allows applicants to submit the I-130 and I-485 forms simultaneously.
Family ties often provide a popular route to acquiring a green card. Family-based green cards allow immediate relatives and other family members of U.S. citizens and lawful permanent residents to reside and be employed in the U.S.. The process to apply for a family-based green card might raise questions.
If you’re a U.S. citizen, you can sponsor your spouse, unmarried children, and parents for a green card by submitting an I-130 form to USCIS. The process is slightly different if you’re applying from outside the U.S., in which case you’ll need to go through consular processing. Generally, the processing time for a family-based green card is around 14 to 15 months for immediate relatives applying from outside the U.S. and between 6 months to a year for those applying from within the U.S.
You may be wondering about the process if you don’t qualify as an immediate relative. Let’s delve into the distinction between immediate relatives and preference categories.
Family-based green cards prioritize immediate relatives. But what exactly does that mean? In the context of U.S. immigration, immediate relatives are defined as the spouse of a U.S. citizen and the unmarried child under 21 years of age of a U.S. citizen. If you don’t fall into this category, you’ll be placed in a preference category, which has a different set of rules and wait times.
The preference categories for family-based green cards are broken down into several categories, ranging from first preference, which includes unmarried sons and daughters of U.S. citizens, to fourth preference, which includes siblings of U.S. citizens. The ‘priority date’, or the date when a U.S. citizen or permanent resident files a petition on Form I-130, determines your place in line. Wait times for family-based green card applicants can vary greatly, from a few months to as long as 20 years in categories with high demand. Certain countries, such as China, India, Mexico, and the Philippines, typically have longer waiting times.
Although the process to obtain a green card through family ties is generally uniform, spouses and minor children of U.S. citizens and lawful permanent residents have some unique considerations. Understanding these can help you navigate the application process more efficiently.
For spouses of U.S. citizens, the process involves a three-step procedure. You’ll need to meet specific criteria as an immediate relative of a U.S. citizen, and the average processing time is typically between 12.5 and 20.5 months.
For minor children seeking a green card through the family-based category, they must be unmarried and under 21 years of age. But what if you’re a victim of abuse? Let’s explore that next.
If you’re ineligible for a family-based green card, fret not. Employment-based green cards serve as an alternative. These are designated for foreign nationals who have a job offer from a U.S. employer. There are several subcategories, each based on the applicant’s skills and qualifications.
We can explore two of these categories more closely: EB-1 and EB-2 visas for priority workers and those with advanced degrees, and EB-3 visas for skilled and other workers.
EB-1 and EB-2 visas cater to a specific group of workers: those with extraordinary abilities or advanced degrees. To qualify for an EB-1 visa, you need to demonstrate extraordinary ability or be an outstanding individual in your field. For an EB-2 visa, you’ll need an advanced degree or an equivalent level of experience in a specialized field.
But how do you apply for these visas? The process involves:
Providing specific documentation, such as evidence of your extraordinary abilities or advanced degree
The EB-3 visa category caters to a broader group of workers, including skilled workers, professionals, and other workers. To qualify, you need to provide evidence of at least 2 years of job experience or training that meets the requirements of the job.
The application process for an EB-3 visa involves your employer filing a Form I-140, Immigrant Petition for Alien Workers, on your behalf and paying the necessary fees. The processing time can vary greatly, typically ranging from 1 to 3 years. However, applicants from specific countries may experience wait times of up to 6 years.
The Diversity Visa Program offers a distinctive pathway to a green card. Each year, this program allocates 50,000 green cards through a lottery system to individuals from countries with low immigration rates. You might wonder about the workings of this program and the application process.
To qualify for the Diversity Visa Program, you need to be a native of a qualifying country and meet specific education or work experience requirements. The U.S. State Department conducts an initial ‘lottery’ registration annually in the autumn. If you’re randomly selected, you’ll have the chance to apply for a green card, provided you meet the educational and other criteria. But be aware, there are some misunderstandings and fraudulent activities associated with the Diversity Visa Program.
If you’re successful, you’ll need to ‘activate’ your immigrant visa within six months by entering the U.S. at any port of entry.
Living in the U.S. since 1972 might qualify you for a green card through the ‘registry’ provision in immigration law. This provision allows individuals who have unlawfully entered the U.S. to acquire lawful permanent residence by demonstrating continuous residency in the country since January 1, 1972.
The qualifications for this provision and the application process may raise questions. To qualify, you need to meet specific criteria, including:
Special circumstances also exist that can lead to permanent residence. These include humanitarian reasons, abuse victims, and unique situations. Let’s delve into each of these categories.
Humanitarian green cards are granted to foreign nationals on the basis of humanitarian grounds. These include refugees, asylum seekers, and those who entered the U.S. before formally seeking protection (asylees). If you’re a victim of abuse, you may be eligible for permanent residence through the Violence Against Women Act (VAWA) or the U-Visa.
There are also special immigrant categories that result in permanent residence, including Cuban citizens, international organization employees, and citizens of Iraq and Afghanistan who have provided assistance to the U.S. government.
Applying for a green card not only demands time but can also prove to be costly. The green card cost varies depending on the category of green card you’re applying for. For example, a family-based green card costs $1760 for an applicant applying from within the U.S., and $1200 for an applicant residing outside the U.S.
If you’re applying for an employment-based green card, the costs can include a range of filing fees, as well as additional costs like premium processing fees and legal representation fees. It’s also important to note that the fee structure for green cards could change in the future. Proposed fee adjustments could lead to a 90% increase in the Adjustment of Status process, impacting work and travel authorization.
Obtaining a green card transitions you into a lawful permanent resident of the U.S., entailing certain rights and responsibilities. As a green card holder, you’re entitled to the protection of all U.S. laws and have the freedom to live and work anywhere in the country. But remember, as a green card holder, you’re also required to adhere to all U.S. federal, state, and local laws and to maintain your permanent resident status without abandonment.
While green card holders enjoy many of the same rights and privileges as U.S. citizens, there are some key differences. For example, unlike U.S. citizens, green card holders can’t vote in federal elections. Also, while both permanent residents and conditional permanent residents have the same rights and responsibilities, conditional permanent residency is subject to specific conditions that must be met before it can be converted into permanent residency.
It’s vital to maintain your green card status. If you don’t meet certain requirements, you could risk losing your status. Some of the reasons for termination of permanent resident status include:
The question arises, how does one avoid abandonment and preserve their green card status? There are several steps you can take, including:
Post residing in the U.S. for a specified duration, you might contemplate transitioning to a U.S. citizen. This process, known as naturalization, involves meeting specific eligibility requirements and completing an application process.
To apply for naturalization, you must:
Individuals, as u.s citizens, are endowed with certain rights and responsibilities. They have the exclusive right to participate in federal elections by voting and running for public office, rights which are not granted to green card holders. While civic participation is not mandatory in the United States, it is encouraged, and views differ on u.s citizen involvement.
In conclusion, navigating the path to a green card can be complex, but with the right knowledge and preparation, it’s a journey that can lead to a world of opportunities in the U.S. Whether you’re applying through family ties, employment, the Diversity Visa Program, or other special circumstances, understanding the process is key. Remember, it’s not just about meeting the eligibility criteria and filling out the forms correctly; it’s also about understanding your rights and responsibilities as a green card holder, maintaining your status, and potentially transitioning to U.S. citizenship. So, whether you’re just starting your journey or you’re well on your way, we hope this guide has provided you with valuable insights to help you navigate your path to permanent residency.
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