Navigating the Green Card Application Process: A Comprehensive Guide
What is a Green Card?
The Green Card, officially known as the Permanent Resident Card, is the tangible proof that its holder, a lawful Permanent Resident, has been officially granted immigration benefits which include permission to reside and take employment in the USA. In other words, Green Card holders are effectively granted legal immigrant status to work and live permanently in the United States of America. Having a Green Card, whilst many benefits, also comes with a set of responsibilities which must be followed to maintain permanent residency status.
The Green Card Categories
Before detailing the process of how to apply for a Green Card, it is imperative to understand the most common categories about who is eligible to apply for one. Whilst there are several categories, these are the most prevalent:
- Immediate relatives of U.S. Citizens: This includes spouses of U.S. Citizens, unmarried minor children of U.S. Citizens and parents of U.S. Citizens who are at least 21 years old.
- Employment-based: This includes professionals with advanced degrees, persons of extraordinary ability in certain professions.
- Refugee and asylee status: Those granted asylee or refugee status within the past one year may apply.
- Diversity lottery: Each year the U.S. holds a visa lottery for residents of countries with historically low immigration rates.
Application Process for a Green Card
Once an individual determines their eligibility for a Green Card, the next phase is to embark on the application process. However, please note that the application process varies by category and country of current residency (inside or outside the U.S.). Here, we detail the most common steps:
Step 1: Petition Filing
The first step in many immigration cases is filing a petition with United States Citizenship and Immigration Services (USCIS). This is typically for family, employment, and some special immigrant cases. For most, a family member or potential employer will need to file on your behalf. It is also important to note that refugee or asylee applicants and select others will have different processes.
- Family Based: Form I-130, Petition for Alien Relative
- Employment Based: Form I-140, Immigrant Petition for Alien Worker
- Special Classes of Immigrants: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Entrepreneur: Form I-526, Immigrant Petition by Alien Entrepreneur
When USCIS approves the petition, they send it to the Department of State's National Visa Center (NVC) where it will stay until visa numbers are available.
Step 2: Visa Availability
Most immigrants become eligible for a Green Card through a family member or a job. However, these two avenues are often oversubscribed, resulting in a backlog and hence waiting periods for a visa to become available. The U.S. Department of State is the agency responsible for determining when a visa is available.
Step 3: Application Filing
Once visas become available, those currently residing in the U.S. move to adjust their status to permanent residence. This is achieved by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Those outside of the United States will be notified by the NVC to complete their application.
Step 4: Biometrics
After receiving Form I-485, USCIS will send an appointment notice for fingerprinting and biometrics. The aim is to ensure the applicant does not have a criminal record that might make them inadmissible to the U.S.
Step 5: Interview Attendance
Applicants applying for adjustment of status will likely be required to attend an interview at USCIS Office or U.S. consulate. The USCIS officer will verify all the information provided in the applicant's file and ask questions about the applicant's background and qualifications.
Step 6: Await a Decision
Once the interview has concluded, the applicant will need to wait for a decision from USCIS on their case. A decision may be provided at the end of the interview, or the applicant may receive a decision in the mail at a later date.
Key Considerations
Knowing how to apply for a Green Card is the first step, but it is equally vital to understand the timeline, cost implications and other critical considerations that might affect your application.
Timeline
The length of the Green Card application process varies widely from a few months to several years based on factors such as the application category, geographic location and current workload of the processing center.
Cost
A variety of fees are associated with applying for a Green Card, including filing fees, biometric service fees, and visa application fees. Therefore, applicants should be ready to invest financially in the process.
A Dive into Post-Approval
The joy of receiving the Green Card approval notification is a significant achievement. Once approved, it's critical to understand that the Green Card comes with rights and responsibilities. These include the right to live and work permanently in the U.S, protection under U.S. law, and the responsibility to abide by all laws and pay taxes.
Bridging the Journey
The path to obtaining a Green Card may be complex and challenging, calling for patience and careful navigation. Understanding the eligibility categories, intricacies of the application process, and post-approval responsibilities ensures a smoother and more successful journey to becoming a Green Card holder.
