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By Vipul Jain
Are you thinking of becoming a permanent resident in the US? For this, the best option is to apply for a green card. It allows you to live and work in the country like US citizens. However, like the other things here also you need to follow a procedure. But before you apply for it it is advisable first to understand the green card process. It can assist in smoothing down all things. In addition, having information about this can also help you avoid the mistakes. With this, to guide you here the following blog will help you. How? Well, it contains all the steps included in the US green card application. It also states its timeline. So, let's begin reading it.
It is well-known to everyone that there are different types of green cards available for individuals. Each of them has their specific steps and processes to follow. Considering this before applying for a green card process you should first know the eligibility criteria of it. There are three general ways by which you can apply for a green card:
Close relatives of U.S. citizens and present green card holders can apply for family-based green cards. The eligible persons include parents, spouses, children, and siblings along with the children and spouses of those adult children, spouses, and siblings. In addition, widowers and widows who married a citizen of the US at that time can also apply under this. However, they need to prove that their marriage was authentic to get the card. The most general way to qualify for a family-based green card is by marriage. But before you file for the green card application you need to file the I-130 form.
Under the employment-based green card, several subcategories of workers can apply for permanent residency in the US. With this, in some cases, their spouses and children may also qualify for a green card. It includes priority workers (EB-1), professionals with exceptional abilities and exceptional degrees (EB-2), physicians (EB-2 with waiver), professional, skilled and unskilled workers (EB-3), special workers (EB-4) and investors (EB-5). Each of these petitions is linked with Form I-140. It is an immigration form that should be filled out before the green card application.
An individual can also get a green card for urgent humanitarian reasons to be in the US that calls for immediate or other time-sensitive action. It includes but is not limited to critical medical treatment, human trafficking victims, abuse victims, and more. However, it is short-term parole and requires evidence. But in the case of human trafficking and abuse victims if things go well it is a good chance to be a permanent resident in the US.
These are general paths to begin the green card application process in the US. However, while applying for any first check the eligibility requirement. Also, have the information of documents required for the process. With this, moving ahead let's move to the next step i.e. selection of visa category.
This following step is only available for green card eligibility categories based on employment. As stated above these are of different types and you will need to determine which is the correct one for you. So read further to know more about them:
If you are applying for an employment-based green card category then you do need to follow this green card process. In this, as per preference, you are required to choose the right visa selection. Moving forward, let's discuss the third step.
For EB-2 PERM and EB-3 petitions, the Program for Electronic Review Management (PERM) Labor certification is the next step. Well, this step is an option that can be applicable or not in your green card category. The PERM states to the US Department of Labor (DOL) that by coming to the US you are not taking a job from a US worker. This process is done by the employer who is sponsoring you. Depending on the selection of your employer on audit the process can take 6 to 18 months. These 18 months can be explained in the following stages:
It is all about how the PERM Labor certification role in the green card process. As stated above this step is optional so it is not essential that you also need to apply for it. It completely depends on your employment-based visa category. Moving further, let's know about the petition phase and its role in green card application.
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Well, this step is available for immigrants with petitions that do not require PERM labor certification. In addition, EB-2 PERM and EB-3 individuals apply for this step after the approval of PERM certification. At this stage, the petition of the immigrant is prepared. Under this, for employment-based petitions, an I-140 Form with supporting documents is prepared for alien workers. In addition, for family-based petitions, an I-130 Form with supporting documents is prepared for alien relatives.
With this, depending on the legal service firm you are taking help from the time of the petition phase varies. It may take a few weeks to months. In this, some petitions like the EB-1A or the EB-2 NIW can ask for several documents whereas others are straightforward. Also after being prepared the petition is printed out and sent to a US Citizenship and Immigration Services (USCIS) service center. Under this, you can apply for a premium process for some petitions that are eligible for it. Through this, they can be reviewed and approved within 15-45 business days by USCIS. However, for other petitions, you may need to wait for several years to get the approval.
This is all about the petition phase and it's working. With this, to get a clear idea of the estimated time average processing times of petitions you can check the USCIS website. There as per your case type, you will able to see your application processing time. Moving forward, let's know about the next step of the green card process i.e. adjustment of status.
Adjustment of status can be defined as the process of becoming a permanent resident from inside the US. In other words, becoming a green card holder. In this stage, you fill out the I-485 form. It is a green card application to adjust status or register permanent residence. Before applying for it certify that you are using the right edition of Form -485 i.e. starting 10 February 2025, the 10/24/24 edition. Older than this edition will be rejected. With this, after getting the form approval you will get your green card.
In case you are applying for a US green card outside the US you need to follow a different process at a US consulate. Before applying there know that each consulate has a slightly different process. So it is advisable to inquire with your local immigration attorney or consulate for more info. With this, moving back to the I-485 for applicants already present in the US there are a few things to consider during filing the I-485 form. These are as follows:
Well, the green card process does not end here. There are a few things that happen after the submission of the green card application to the US government. These are as follows:
You need to follow these steps during the green card process. In this having the information and support of an expert eases down the whole application procedure.
With so many different visa types and USCIS backlogs the green card process and timeline vary from individual to individual. However, you do not have to figure out all these things alone. When you work with Visament, you get the support and guidance of a dedicated immigration team who cares and understands your unique situation. So, when you find yourself thinking of "how to begin the green card application process?" Connect with us and ease down the whole procedure. We can also assist you with the H-1B to Green Card process and simplify things for you.
EB-1C visa is the shortest and quickest way to get a green card in just two years. It is available to managers and executives of multinational companies who are being transferred to the US.
Yes, you can travel immediately after getting a green card in the US. However, during your travel ensure that it is no longer and you intend to return to the United States. As staying outside the US for a longer time may risk your permanent resident status.
Permanent Residence through Adjustment of Status or Processing through the Consulate or Embassy abroad is the last step of the green card process. In this, you need to file Form I-485 to officially apply for permanent resident status if you are already staying in the US. However, for applicants outside the US, the last stage would be obtaining an immigrant visa through a consular process.
After getting the green card, you should update your status in the documents, file taxes, and notify your employer. Also, you should consider yourself for Selective Service in the US and become a citizen there after five years.
There are three main stages of a green card. It includes labor certification (PERM) for employer-sponsored permanent labor certification, I-140 immigrant visa petition for an immigrant visa, and ability proof to pay and adjustment of status or consular application process to become a US permanent resident from inside or outside the country.
The most complex part of the green card process is strict eligibility requirements and working with extensive documentation. While applying for the green card applicants must certify that they submit the right forms and meet all the criteria.
