Applying for a green card—officially known as lawful permanent residence—is one of the most important immigration steps for those who want to live and work permanently in the United States. The process can be long and complicated, but understanding the steps, legal terms, and deadlines involved can make it far more manageable.
This guide breaks down the green card application process in plain English, outlining the key categories, forms, timelines, and requirements.
Who Can Apply for a Green Card?
There are several pathways to a green card, each with different eligibility rules:
- Family-Based Green Cards
- For immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents)
- For relatives in other preference categories (siblings, adult children, etc.)
- Employment-Based Green Cards
- For foreign workers with specialized skills or advanced degrees
- Includes categories EB-1 through EB-5
- Diversity Visa Lottery
- For individuals from countries with low rates of immigration to the U.S.
- Asylum or Refugee Status
- Must wait one year after being granted status to apply
- Other Special Categories
- VAWA self-petitioners, U visa holders, Special Immigrant Juveniles, etc.
Key Terms to Know
- USCIS (U.S. Citizenship and Immigration Services): The federal agency that handles immigration processing.
- Petitioner: The person or employer who files the initial petition for the immigrant.
- Beneficiary: The person seeking the green card.
- Priority Date: The date USCIS receives the petition, used to determine visa availability.
- Adjustment of Status (AOS): Applying for a green card from within the U.S.
- Consular Processing: Applying from outside the U.S. at a U.S. embassy or consulate.
Step-by-Step Application Process
1. Determine Eligibility and Category
First, confirm which category you qualify under. This affects which forms to file, how long you’ll wait, and what documentation is needed.
2. File an Immigrant Petition
Most green card processes begin with an immigrant petition:
- Form I-130 for family-based petitions
- Form I-140 for employment-based petitions
- Form I-360 for special categories (e.g., VAWA, SIJ)
The petitioner submits this form to USCIS along with evidence of the relationship or job offer.
3. Wait for Visa Availability (If Required)
If your category is subject to annual limits (i.e., not an immediate relative), you must wait for your priority date to become current. Check the Visa Bulletin each month at travel.state.gov.
4. Apply for the Green Card (Form I-485 or DS-260)
Once a visa is available, the beneficiary files:
- Form I-485 (Adjustment of Status) if in the U.S.
- Form DS-260 (Consular Processing) if abroad
Include all supporting documents, such as:
- Medical exam report (Form I-693)
- Proof of financial support (Form I-864, if family-based)
- Identity and civil documents (passport, birth certificate, etc.)
5. Attend Biometrics Appointment
USCIS will schedule you to provide fingerprints, photos, and a signature.
6. Complete an Interview
Most applicants must attend an interview with a USCIS officer (or consular officer if abroad). Be honest and provide any requested documents.
7. Receive a Decision
If approved, you’ll receive:
- A green card by mail (if applying inside the U.S.)
- An immigrant visa in your passport (if applying abroad)
Common Processing Times
Processing varies by category and location. Here are rough estimates:
- Immediate relative (U.S. citizen spouse): 10–18 months
- Family preference categories: Several years
- Employment-based: 1–5 years, depending on category
- Diversity visa: Must complete within the fiscal year (Oct–Sept)
Tips for a Smoother Process
- Double-check all forms for accuracy
- Translate all documents not in English
- Monitor your USCIS account for updates
- Respond promptly to any Request for Evidence (RFE)
FAQ Section
1. What is the difference between a green card and a visa?
A visa allows you to enter the U.S., while a green card allows you to live and work in the U.S. permanently.
2. Can I work while my green card is pending?
If you filed Form I-485, you can also apply for a work permit (Form I-765).
3. What if my application is denied?
You may appeal, file a motion to reopen, or reapply. Denials often list the reasons, which a qualified immigration lawyer can help address.
4. Do I need a lawyer to apply for a green card?
Not necessarily, but immigration law is complex. For tricky cases or past immigration violations, legal help is recommended.
5. How do I track my case?
Use your receipt number on the USCIS website (uscis.gov) to get updates.
Understanding how to apply for a green card is crucial for those planning a future in the United States. With careful preparation and timely action, the process becomes more manageable—and more successful.
