For many people around the world, becoming a lawful permanent resident in the United States is an accomplishment. But, the green card application process is not easy especially without knowing the steps which need to be undergone. Whether your aim is family reunification, career advancement, or protection, this in-depth guide covers everything you need to know about getting a Green Card in the USA.
What is a Green Card?
A Green Card is a document/ permit issued by the U.S. authorities that allows people to have permanent residence. Bearers of this card are legally permitted to live and work in the U.S. indefinitely. It also offers a path to citizenship, enabling residents to apply for naturalization once they fulfill certain residency-related requirements.
A Green Card, unlike a US tourist visa (such as a tourist visa for the US), is permanent, does not need to be periodically renewed for the purpose of maintaining status, but must be renewed every 10 years to remain valid.
Why Apply for a Green Card?
Getting a green card process is more than just about USA immigration status. It’s about access to rights and opportunities, including:
- The freedom of career choice without limitations.
- The ability to sponsor certain relatives for immigration
- Eligibility for federal benefits and protections.
- A path to U.S. citizenship.
Step 1: Determine Your Eligibility
There are many different categories to consider regarding eligibility for a Green Card. Applicants must demonstrate that they meet the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS). The primary eligibility categories are:
Family-Based Green Cards
A family relation can be one of the most common ways to apply. Immediate relatives of U.S. citizens like spouses, unmarried children under age 21 and parents usually have priority in the green card application process. Extended family members could also be eligible, but they typically have longer waiting periods because of visa limitations.
Employment-Based Green Cards
If you have extraordinary skills, have a job offer from a U.S. employer, or if you qualify for an investor visa, you can qualify for an employment-based Green Card. These are classified into five preferences tiers depending on qualification, job demand, and industry.
Diversity Visa Lottery
The Diversity Immigrant Visa Program (DV Lottery) gives people from countries with historically low immigration rates an opportunity to apply for a Green Card. Those who win the lottery must still fulfill all U.S. Green Card requirements and submit a complete application.
Humanitarian Programs
You may be eligible for a Green Card if you ask for asylum or refugee status, you’re a victim of trafficking, or are part of special programs.
Step 2: File an Initial Petition
If you are applying for a Green Card, you usually start the process with a petition. This is typically done on behalf of the agreement by a sponsor, like an employer or family member. The forms you will need to submit vary by eligibility category:
- Family Sponsorship: File Form I-130, Petition for Alien Relatives.
- Employment Sponsorship: File Form I-140, Immigrant Petition for Alien Worker.
- Diversity Lottery Winners: Proceed directly to Form DS-260 for consular processing.
Step 3: Wait for Visa Availability
After your petition is approved, you have to wait for a visa number to be available. For categories that are subject to annual caps, like family reference or employment-based visas, this can take a long time. The Visa Bulletin from the United States Department of State is published on a monthly basis, providing information about visa availability.
Step 4: Submit the Green Card Application
So, once you have the initial petition approved and visa availability confirmed, you may be able to file your U.S. Green Card application on Form I-485. This step includes sending the following:
- Supporting documents (passport, birth certificate, and proof of eligibility)
- The fee is by far the most volatile, as it can vary according to the type of application.
- A biological/medical examination completed by an accredited civil surgeon.
For those outside the United States, this process is called consular processing. This process consists of filling out Form DS-260, as well as scheduling an interview at a U.S. embassy or consulate.
Step 5: Biometrics Appointment
You will have a biometrics appointment scheduled with USCIS after they receive your application. You would also need a background check, during this appointment the agent would take your fingerprints, photograph and signature. This is standard during the green card process and it is a check to make sure everyone meets U.S. Visa Requirements.
Step 6: Attend the Green Card Interview
Most applicants must have an interview with a USCIS officer or consular officer (for applicants outside the U.S.) As part of the interview, the officer checks your application, confirms what you said, and may ask questions regarding your eligibility.
Preparation for this interview is paramount. Carry original documents, evidence of eligibility, and any other documents that USCIS requests. Be consistent and honest with your answers and you will achieve a good outcome.
Step 7: Wait for the Decision
USCIS or the consular office will then notify you of the decision after your interview. Your Green Card will be sent to you if approved. This is the final step in the U.S. Green Card process, which grants you the ability to work and live in the United States as a legal permanent resident.
How Long Does the Green Card Process Take?
The application process for the green card varies significantly, both by category and by individual situation. For example:
- Wait times are often shorter for immediate relatives of U.S. citizens.
- Applications based on employment can take months or years depending on visa number availability.
- Applicants under humanitarian programs or the Diversity Visa Lottery have their own timelines.
Tips for Success in the Application Process
1. Keep Copies: Maintain your records of all forms and documents submitted.
2. Double-check requirements: To be eligible for each U.S. Green Card category, make sure you meet all requirements.
3. Get Professional Help: Immigration lawyers or accredited representatives can be a great help.
4. Pay Attention to Deadlines: Failing to submit forms or attend appointments on time can cause delays or denials.
5. Stay Updated: Frequently check for USCIS updates on changes to U.S. Visa Requirements, or policy changes that impact your case.
Common Mistakes to Avoid
Missing Parts: A missing information on your application can cause delays in processing or denials.
Lack of Documentation: Always include relevant supporting documentation and be accurate.
Not Responding in a Timely Manner: Respond to any USCIS Request for Evidence or Request for Additional Documentation without delay.
Misrepresentation: Giving false information could lead to great consequences, such as denial and possible deportation.
What Happens After You Get Your Green Card?
Green Card means you become a lawful permanent resident. However, with this status come some responsibilities, including:
- Your Green Card is renewed every decade.
- Filing tax as a resident of the United States
- Following all U.S. laws and regulations.
You can apply for U.S. citizenship after a minimum residency period, usually five years (three years if you are married to a U.S. citizen) with a Green Card.
Conclusion
Getting a Green Card is intimidating in the US but if you have proper instructions and the right stuff, it is doable. Each step takes you closer to living and thriving in the U.S.