The process for obtaining a U.S. permanent resident card, commonly referred to as a Green Card, can be complex and varies based on the category under which you are applying.
The time to process a permanent resident card application can also vary from a couple of months to one or more years, depending on the kind of Green Card someone is applying for and from where the application has been submitted.
General summary of the process that has to be followed when applying for a U.S. permanent resident card or Green Card
Determine your eligibility: You must fit into one of the categories listed by the U.S. Citizenship and Immigration Services (USCIS), such as family-sponsored, employment-based, refugee or asylee status, human trafficking, and crime victims, victims of abuse, or other categories like Diversity Visa.
File the required petition: Most categories require a qualifying family member or employer to file a petition on your behalf. For family or employment categories, the sponsor files Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker).
Wait for a decision regarding your petition: USCIS will notify the applicant of its decision. If denied, reasons for the denial will be provided.
Wait for a visa number: If your application is approved and you are outside the U.S., you will have to wait for a visa number to become available. The U.S. Department of State’s Visa Bulletin provides updates on visa availability.
Attend a consular interview: If you are outside the U.S., you will also be required to attend an interview at a U.S. embassy or consulate in your country.
Pay the necessary USCIS immigrant fee: Before traveling to the U.S., make sure that you have paid the relevant USCIS Immigrant Fee.
What are the general eligibility requirements for a U.S. Green Card or residency permit?
To be eligible for a Green Card (residency permit) for the United States, individuals must meet specific criteria based on different categories. Below are some of the most important eligibility requirements:
Family-based Green Card: To qualify for one of these, applicants must have physically lived in the U.S. for at least three years since receiving a U-visa, not have left the U.S. from the time they applied for a Green Card until USCIS approval, and should not have refused to help investigate or prosecute certain crimes.
Green Card through employment: Eligibility factors here include being an immigrant worker, a physician under the National Interest Waiver, or an immigrant investor meeting certain (fairly steep) investment criteria.
Green Card for human trafficking and crime victims: To qualify for one of these, requirements include holding a T-nonimmigrant visa for human trafficking victims or a U-nonimmigrant visa for crime victims.
Green Card for victims of abuse: VAWA self-petitioners who are victims of battery or extreme cruelty are eligible to apply.
Green Card through registry: Those who have resided continuously in the U.S. since before January 1, 1972, may also qualify to register for a Green Card.
Other eligibility criteria: Additional requirements include demonstrating extreme hardship should you be required to leave the U.S., having family members who are also eligible, and meeting specific criteria based on the category of application.
Application process
The majority of applicants will be required to fill out at least two forms: an immigrant petition and a Green Card application (Form I-485). The process involves filing the petition, attending biometrics appointments, attending interviews, and receiving a decision on the application.
All applicants must decide whether to apply through adjustment of status with USCIS if they are in the U.S. or consular processing if they are outside the U.S.
Maintaining status
If you are inside the U.S. at the time of applying, it is very important not to leave the country during the application process unless it is absolutely necessary and to update addresses to avoid any unnecessary delays or complications promptly.
More information about getting a Green Card through employment
To obtain a Green Card through employment in the United States, individuals should follow a multi-step process:
First make sure that you meet the official requirements: Every applicant has to meet all the relevant educational and experience requirements of either the EB-2 or EB-3 visa categories.
Employee requirements: The prospective employee must also meet all the educational and experience requirements of the specific visa category. Good-faith intent to work for the employer upon receiving the Green Card is also essential. If the authorities come to the conclusion that the prospective employee wants to use this as an opportunity to get into the United States, the application will be rejected.
Your new employer must also meet all the necessary requirements: The employer, for example, has to be based in the United States. Apart from that, the position being offered must be permanent, full-time, and involve working no less than 35 hours per week.
Application process: The typical employment-based Green Card application package includes filling out forms such as I-485, I-693, I-765, and I-131.
Applicants can apply for a Green Card only once USCIS has approved the I-140 petition and the priority date is current.
Below are the different categories of Employment-Based green cards
- EB-1: People of Extraordinary Ability.
- EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
- EB-3: Skilled Workers, Professionals, or Other Workers.
- EB-4: Religious workers, including ministers, priests, rabbis, and other religious vocations.
- EB-5: Immigrant Investors.
What is the processing time for an employment-based green card application?
The processing time varies but can be protracted because of the annual limits on Green Cards issued.
Adjustment of Status vs. Consular Processing:
Adjustment of status involves applying for a Green Card while in the U.S., while consular processing is done at a U.S. consulate in the applicant’s home country. The benefits of the former include the ability to live and work in the U.S., with eligible family members also qualifying for Green Cards.
How can I get a Green Card by becoming an immigrant investor? How much do I have to invest, and how?
The EB-5 Immigrant Investor Program offers foreign investors an opportunity to obtain permanent residency in the U.S. by making a qualifying investment that stimulates economic growth and job creation in the country.
To obtain a Green Card through the EB-5 Immigrant Investor Program, individuals must invest a minimum amount of capital in a qualifying commercial enterprise without borrowing the funds. The investment has to create full-time employment for no less than 10 American citizens, legal permanent residents, or other authorized immigrants within a period of not longer than two years.
Additional information about the process
Investment amounts: For petitions filed on or after March 15, 2022, the required investment amount is currently $1,800,000. This amount is reviewed every five years and will likely rise on January 1st 2027. If the investment is, however, made in a TEA (Targeted Economic Area), such as a rural area or an area with high unemployment, the amount has been fixed at only $900,000.
Please note: These amounts change from time to time. Please consult an official source to determine the latest figures.
Investment requirements: The investment must be made in a project with a U.S. base that meets the program’s criteria. The investor has to show proof that the funds invested and any administrative costs came from legitimate sources.
Application process: File form I-526 (Immigrant Petition by Alien Entrepreneur) with USCIS. Upon approval, conditional permanent residency is granted for two years. The next step is to submit form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to lift restrictions.
Job Creation: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a permanent resident on an EB-5 visa.
Benefits: Successful candidates may receive a conditional Green Card, allowing them to live and work in the U.S., travel freely between countries, access top educational and healthcare systems, and pursue U.S. citizenship if desired.
Can I apply for a Green Card while visiting the United States on an ESTA as a tourist?
The ESTA program has been designed for individuals visiting the US for short-term tourism or business purposes, typically up to 90 days. Applying for a Green Card, which signifies long-term residency, might be seen as contradicting the intended use of ESTA.
US immigration law frowns upon entering the country with the pre-determined intention of applying for a Green Card. This can lead to denial of your application and potential future issues obtaining visas.
We do, however, advise readers who are considering to apply for a US permanent resident card or Green Card to first visit that country with an ESTA to get to know the US, its people, and its culture better before returning home and making a final decision.