Introduction
Green Card Application Process: Is the idea of establishing a permanent residence and pursuing a career in the United States a part of your dreams? If so, you’re not alone. Many people from around the world aspire to secure a Green Card, which grants them lawful permanent residency in the USA. Whether you want to reunite with family members, pursue better career opportunities, or simply experience the American dream, understanding Green Card Application Process is a crucial step on your immigration journey.
In this comprehensive guide, we’ll walk you through Green Card Application Process, from eligibility criteria to required documents and the application process itself. By the end of this article, you’ll have a clear understanding of what it takes to achieve permanent residency in the United States.
Green Card Application.
Understanding the Green Card
What is a Green Card?
A Green Card, officially known as a United States Permanent Resident Card, is a document that grants its holder lawful permanent residency in the United States. It marks the initial stride on the path to becoming a United States citizen and offers numerous benefits, including the right to live and work anywhere in the country, access to government benefits, and protection under U.S. laws.
Why Do People Apply for Green Cards?
People have various reasons for wanting to apply for a Green Card:
- Family Reunification: Many individuals seek Green Cards to reunite with family members who are already permanent residents or U.S. citizens.
- Employment Opportunities: Employment-based Green Cards are sought by individuals who have job offers from U.S. employers and possess skills that are in demand.
- Diversity Visa Lottery: The Diversity Visa (DV) Lottery is an annual program that grants Green Cards to individuals from countries with low rates of immigration to the U.S., promoting diversity among immigrants.
- Special Immigrant Categories: Certain individuals, such as religious workers, refugees, and asylees, may be eligible for Special Immigrant Green Cards due to their unique circumstances.
Types of Green Cards
There are several categories of Green Cards, each with its own set of eligibility criteria. The main types include:
- Green Cards for Family Members: Immediate family members of U.S. citizens can apply for these, as well as other eligible family members.
- Employment-Based Green Cards: These are for individuals with specific job offers in the United States.
- Diversity Visa (DV) Green Cards: Awarded through the DV Lottery, these are available to individuals from countries with historically low immigration rates to the U.S.
- Special Immigrant Green Cards: Reserved for individuals with unique circumstances, such as religious workers or refugees.
In the following sections, we’ll delve deeper into each of these categories and explain the eligibility criteria and Green Card Application Process for each.
Eligibility Criteria
Family-Based Green Cards
Family reunification is a fundamental principle of U.S. immigration policy, and as such, U.S. citizens and permanent residents can sponsor certain family members for Green Cards. To be eligible for a family-based Green Card, you must fall into one of the following categories:
- Immediate Relatives of U.S. Citizens: This group comprises of U.S. citizens’ spouses, unmarried children under 21, and parents. Immediate relatives have no numerical limit on Green Cards available each year, making this category one of the fastest routes to permanent residency.
- Family Preference Categories: This category includes unmarried adult children of U.S. Individuals who qualify include residents, the marital partners and single offspring of permanent residents, as well as the brothers and sisters of United States citizens. Family preference categories have a limited number of Green Cards available each year, and there may be significant waiting times.
To sponsor a family member for a Green Card, the U.S. citizen or permanent resident petitioner (sponsor) must meet certain age and income requirements, agree to support the immigrant financially, and demonstrate a qualifying relationship with the beneficiary.
Employment-Based Green Cards
Employment-based Green Cards are available to foreign nationals who have a specific job offer from a U.S. employer. These Green Cards are divided into different preference categories, each with its own eligibility criteria. The categories for employment-based preferences are outlined as follows:
- EB-1 Priority Workers: This category is for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers.
- EB-2 Workers with Advanced Degrees or Exceptional Abilities: This category is for individuals with advanced degrees or exceptional abilities in their field.
- EB-3 Skilled Workers, Professionals, and Other Workers: This category includes skilled workers, professionals with bachelor’s degrees, and other workers with less than two years of experience.
- EB-4 Special Immigrants: Reserved for specific groups, such as religious workers, certain international broadcasters, and employees of U.S. foreign service posts.
- EB-5 Immigrant Investors: This category is for foreign investors who are willing to invest a significant amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
Each preference category has its own annual limit on the number of Green Cards issued, and some categories may have long waiting periods.
Diversity Visa Lottery
The Diversity Visa (DV) Lottery, also known as the Green Card Lottery, is a unique way to obtain a Green Card. It is open to individuals from countries with historically low rates of immigration to the United States. Here’s how the DV Lottery works:
- The U.S. Department of State holds an annual lottery, and eligible individuals can enter by submitting an online application during the specified entry period.
- If selected, applicants are required to go through a rigorous screening process, including an interview and background check.
- Around 55,000 Green Cards are issued to DV Lottery winners each year.
To be eligible for the DV Lottery, you must be a native of an eligible country, have at least a high school education or two years of work experience in a qualifying occupation, and meet other requirements specified by the U.S. government.
Special Immigrant Categories
Special immigrant Green Cards are available to individuals with unique circumstances or roles. Here are a few examples of the categories within this set:
- Religious Workers: This category is for ministers, priests, and other religious workers who plan to work in a religious vocation or occupation in the United States.
- Refugees and Asylees: Individuals granted refugee or asylum status in the U.S. may apply for a Green Card after meeting certain requirements.
- Special Immigrant Juveniles: This category is for certain unmarried immigrants under the age of 21 who have been declared dependent on a juvenile court.
- Iraqi and Afghan Translators/Interpreters: Individuals who have worked directly with the U.S. government in Iraq or Afghanistan may be eligible for a Special Immigrant Visa (SIV) and subsequent Green Card.
Each special immigrant category has its own eligibility criteria and application process, so it’s essential to consult with an immigration attorney or refer to the U.S. Citizenship and Immigration Services (USCIS) website for specific details.
Green Card Application Process
Once you determine your eligibility category for a Green Card, it’s time to navigate the Green card application process. The exact steps may vary depending on your category, but here’s a general overview of what to expect:
Family-Based Green Card Application
- File an immigrant petition: The U.S. citizen or permanent resident sponsor must submit Form I-130, Petition for Alien Relative, to USCIS. This form establishes the qualifying relationship with the beneficiary.
- Wait for petition approval: After USCIS approves the I-130 petition, it is forwarded to the National Visa Center (NVC), which will assign a case number and process fees.
- Complete the Visa Application: The beneficiary will need to complete Form DS-260, Immigrant Visa Electronic Application, online and pay the visa application fee.
- Attend a medical examination: Beneficiaries must undergo a medical examination by an approved panel physician.
- Attend an interview: After NVC schedules an interview at the U.S. embassy or consulate in the beneficiary’s home country, the beneficiary should attend with all required documents.
- Receive a visa: If the visa is approved, the beneficiary will receive an immigrant visa in their passport, which allows them to travel to the United States.
- Enter the United States: Upon arrival in the U.S., the beneficiary will be inspected by Customs and Border Protection (CBP) officers and will be admitted as a permanent resident.
- Receive the Green Card: The actual Green Card will be mailed to the beneficiary’s U.S. address shortly after arrival.
Employment-Based Green Card Application
The process for employment-based Green Cards involves several steps:
- Labor Certification (if required): In most cases, your U.S. employer must obtain labor certification from the U.S. The Department of Labor (DOL) must showcase that there are no eligible American workers available for the position.
- File an immigrant petition: The U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee with USCIS.
- Wait for petition approval: Once USCIS approves the I-140 petition, it is sent to the NVC, where fees are processed.
- Complete the Visa Application: The employee will need to complete Form DS-260, Immigrant Visa Electronic Application, online and pay the visa application fee.
- Attend a medical examination: Just like in family-based cases, the beneficiary must undergo a medical examination by an approved panel physician.
- Attend an interview: The beneficiary will attend an interview at the American embassy or diplomatic mission located within their nation of origin.
- Receive a visa: If the visa is approved, the beneficiary will receive an immigrant visa in their passport.
- Enter the United States: Upon arrival in the U.S., the beneficiary will be admitted as a permanent resident.
- Receive the Green Card: The actual Green Card will be mailed to the beneficiary’s U.S. address.
Diversity Visa Lottery Green Card Application
Participating in the DV Lottery is a relatively straightforward process:
- Enter the DV Lottery: During the specified entry period, submit an online entry through the official DV Lottery website. Keep the confirmation number provided upon submission.
- Check the lottery results: After the lottery drawing, check the results on the official DV Lottery website using your confirmation number.
- Submit a visa application: If you are selected as a DV Lottery winner, you will receive instructions on how to proceed, including completing Form DS-260 and paying the visa application fee.
- Attend a medical examination: Undergo a medical examination by an approved panel physician.
- Participate in an interview: Join an interview session at the United States embassy or consulate if you are selected for further processing.
- Receive a visa: If approved, you will receive an immigrant visa in your passport.
- Enter the United States: Upon arrival in the U.S., you will be admitted as a permanent resident.
- Receive the Green Card: The actual Green Card will be mailed to your U.S. address.
Special Immigrant Categories Green Card Application
The application process for special immigrant categories can vary widely depending on the specific category. It’s crucial to consult the USCIS website or an immigration attorney for detailed guidance on your particular circumstances.
Required Documents For Green Card Application Process
Regardless of your eligibility category, certain documents are commonly required when applying for a Green Card. While the specific documents can vary, here’s a general list of what you might need:
Common Documents
- Passport: A valid passport is required for traveling to and entering the United States.
- Birth Certificate: A copy of your birth certificate or a certified translation if it’s not in English.
- Marriage Certificate or Divorce Decree: If applicable, provide documentation of your marital status, including marriage certificates and divorce decrees.
- Police Clearance: Some applicants may need to provide a police clearance certificate from their home country or any other country they have lived in for more than six months.
- Affidavit of Support: In many cases, you’ll need an affidavit of support from your U.S. sponsor to demonstrate that you won’t become a public charge in the United States.
- Financial Documentation: Provide evidence of your financial resources, including bank statements, tax returns, and any other relevant financial documents.
- Passport Photos: Typically, you’ll need to provide passport-sized photos meeting specific requirements.
- Medical Examination Report: A medical examination report from an approved panel physician is required to ensure you meet health-related admissibility requirements.
Additional Documents by Category
Depending on your eligibility category, you may need to submit additional documents:
- Family-Based Green Card: Evidence of the qualifying family relationship, such as marriage certificates, birth certificates, or adoption papers.
- Employment-Based Green Card: Labor certification approval notice (if required), job offer letter, and evidence of the required qualifications for the position.
- Diversity Visa (DV) Green Card: The selection letter from the DV Lottery, along with other required documents.
- Special Immigrant Categories: Documentation specific to the particular category, as outlined by USCIS.
It’s crucial to consult the USCIS website or seek guidance from an immigration attorney to ensure you have all the necessary documents for your application.
The Interview Process
After the completion of your visa application processing, you will receive an appointment for an interview at the United States embassy or consulate in your home country. The interview is a critical step in the Green Card application process, and it’s essential to be well-prepared.
Preparing for the Interview
Here are some essential tips for preparing for your Green Card interview:
- Review Your Documents: Thoroughly review all the documents you’ll need for the interview and make sure they are organized and complete.
- Practice Your English: If you’re not a native English speaker, practice your English language skills. The interview will be conducted in English, and you need to communicate effectively.
- Understand Your Eligibility: Familiarize yourself with the eligibility criteria for your specific Green Card category so you can answer questions confidently.
- Dress Professionally: Dress in business attire or formal clothing to make a good impression.
- Bring Translations: If any of your documents are not in English, be sure to have them translated and bring both the original and translated versions.
- Prepare for Questions: Anticipate questions about your background, eligibility, and intentions in the United States. Be honest and concise in your answers.
- Pay Visa Fees: Make sure you have paid all required visa application fees before the interview.
What to Expect During the Interview
During the Green Card interview, a consular officer will review your application and documents and ask you questions about your eligibility, background, and intentions in the United States. They will also assess your English language proficiency and overall suitability for permanent residency.
Here are some common interview scenarios:
- Family-Based Green Card: Expect questions about your relationship with the sponsoring family member, such as how you met, your wedding, or your family connections.
- Employment-Based Green Card: Be prepared to discuss your job offer, qualifications, and the employer’s role in your immigration process.
- Diversity Visa (DV) Green Card: You may be asked about your eligibility for the DV Lottery and your plans in the United States.
- Special Immigrant Categories: The interview will focus on the specific criteria and circumstances related to your eligibility category.
After the interview, the consular officer will make a decision regarding your Green Card application. If approved, you will receive an immigrant visa in your passport, which allows you to enter the United States as a permanent resident.
Green Card Fees
Obtaining a Green Card involves various fees, and it’s essential to understand the costs associated with the application process.
Green Card Application Fees
The primary application fees for obtaining a Green Card include:
- Form I-130 (Family-Based) or Form I-140 (Employment-Based): As of the last available information, the filing fee for these forms is $535.
- Form DS-260 (Visa Application): The fee for the DS-260 is $325.
- Medical Examination: The cost of the medical examination varies by location and can range from $100 to $300 or more.
Please note that these fees are subject to change, so it’s crucial to check the USCIS and U.S. Department of State sites to access the latest and most current fee details.
Medical Examination Costs
As mentioned earlier, a medical examination by an approved panel physician is a mandatory part of the Green Card application process. The cost of the medical exam can vary based on location and specific requirements, but it typically ranges from $100 to $300 or more. Make sure to schedule the medical examination well in advance of your visa interview.
Attorney Fees (Optional)
While not mandatory, many applicants choose to hire an immigration attorney to assist them with the Green Card application process. Attorney fees can vary widely depending on the complexity of your case and the services provided. It’s advisable to obtain quotes from reputable immigration attorneys and consider whether legal assistance is necessary for your situation.
Waiting for a Decision
After attending the interview and completing all necessary steps, you’ll have to wait for a decision on your Green Card application. The processing times can vary based on your eligibility category, country of origin, and other factors. Here are a few key considerations to bear in your thoughts:
Processing Times
- Family-Based Green Cards: The processing time can vary from several months to several years, depending on the category and country of chargeability.
- Employment-Based Green Cards: Processing times for employment-based Green Cards also vary widely based on preference category and other factors. Some categories may have shorter waiting times than others.
- Diversity Visa (DV) Green Cards: DV Lottery winners typically receive their Green Cards relatively quickly compared to other categories, but processing times can still vary.
- Special Immigrant Categories: Processing times for special immigrant Green Cards depend on the specific category and individual circumstances.
To get an estimate of the current processing times for your category, you can visit the USCIS website or check the Visa Bulletin published by the U.S. Department of State.
Checking Your Application Status
You can track the status of your Green Card application online through the USCIS website. The website offers a “Case Status Online” tool that allows you to enter your receipt number to check the status of your case. You will receive updates on the progress of your application, including when it’s approved and when your Green Card is mailed.
After Receiving Your Green Card
Congratulations! You’ve successfully obtained your Green Card and achieved lawful permanent residency in the United States. Here’s the essential information you should be aware of regarding what lies ahead:
Rights and Responsibilities
As an individual holding a Green Card, you possess specific entitlements and obligations:
- Rights: You have the right to live and work anywhere in the United States, as well as the right to legal protection under U.S. laws. You can also apply for government benefits, attend public schools, and enjoy other privileges available to permanent residents.
- Responsibilities: You must obey U.S. laws, file your income tax returns, and serve on a jury if asked. Additionally, you must maintain your U.S. residency and not commit any crimes that could lead to deportation.
Renewing and Replacing Your Green Card
Green Cards are typically issued with a ten-year validity period. To maintain your status as a permanent resident, you must renew your Green Card before it expires. The renewal process involves filing Form I-90, Application to Replace Permanent Resident Card, and paying the associated fee. Make sure to initiate the renewal process well in advance of your Green Card’s expiration date.
If your Green Card is lost, stolen, damaged, or contains incorrect information, you should also use Form I-90 to request a replacement card.
Green Card Application.
Applying for U.S. Citizenship
After holding a Green Card for a certain period, you may become eligible to apply for U.S. citizenship through a process known as naturalization. While Green Card holders are not required to become U.S. citizens, many choose to do so to enjoy the full benefits of citizenship, including the ability to vote and hold certain government positions.
To qualify for naturalization, you generally must meet the following requirements:
- Qualify as a Green Card holder for a minimum of five years (or just three years if you’re wedded to a U.S. citizen).
- Have continuous residence in the United States during the five-year (or three-year) period.
- Have physical presence in the United States for at least half of the five-year (or three-year) period.
- Demonstrate good moral character.
- Pass an English language and U.S. civics test.
- Take an oath of allegiance to the United States.
Keep in mind that naturalization requirements can change, so it’s important to check the USCIS website or consult with an immigration attorney for the most up-to-date information on becoming a U.S. citizen.
Conclusion
Obtaining a Green Card is a significant achievement that opens doors to a world of opportunities in the United States. Whether you’re pursuing family-based, employment-based, DV Lottery, or special immigrant Green Cards, understanding the eligibility criteria, Green Card application process, required documents, and associated fees is essential to navigate the complex immigration system.
Remember that the information provided in this guide is based on the knowledge available up to September 2021, and immigration policies and procedures can change. Always refer to the official websites of USCIS and the U.S. Department of State for the most current information and consult with a qualified immigration attorney for personalized guidance on your Green Card journey.
Securing a Green Card requires determination, patience, and a thorough understanding of the process. By following the steps outlined in this comprehensive guide and staying informed about updates in immigration laws, you can take confident strides toward achieving your goal of permanent residency in the United States. Your American dream awaits, and with the right knowledge and preparation, you can turn it into reality. Good luck on your journey to a brighter future in the USA!
Green Card Application.
Frequently asked questions (FAQs) Green Card Application Process
1. What is a Green Card, and why do I need one?
- Answer: A Green Card, officially known as a United States Permanent Resident Card, grants you lawful permanent residency in the United States. You need one if you want to live and work in the U.S. on a permanent basis, access government benefits, and enjoy legal protection under U.S. laws.
2. How do I qualify for a Green Card?
- Answer: There are various ways to qualify for a Green Card, including family sponsorship, employment offers, the Diversity Visa Lottery, and special immigrant categories. Your eligibility depends on your specific circumstances and the category you apply under.
3. Can I apply for a Green Card if I have family members in the U.S.?
- Answer: Yes, if you have eligible family members who are U.S. citizens or permanent residents, they can sponsor you for a Green Card. Eligible family members typically include spouses, children, parents, and siblings, depending on the sponsor’s status.
4. What is the typical duration for obtaining a Green Card?
- Answer: The processing time for a Green Card can vary widely depending on your eligibility category, country of chargeability, and other factors. It may take several months to several years to receive a Green Card.
5. How much does it cost to apply for a Green Card?
- Answer: The costs associated with Green Card application include filing fees for forms, medical examination fees, and possibly attorney fees. These fees can add up to several thousand dollars, so it’s essential to budget for them.
6. Do I need to hire an immigration attorney to apply for a Green Card?
- Answer: Hiring an immigration attorney is not required, but it can be beneficial, especially if you have a complex case or are unfamiliar with the immigration process. An attorney can provide guidance, help you avoid mistakes, and ensure that your application is accurate and complete.
7. Can I work in the U.S. while my Green Card application is pending?
- Answer: In some cases, you may be eligible to work in the U.S. while your Green Card application is pending, typically if you have a valid work permit (Employment Authorization Document or EAD). However, eligibility varies by category, so check with USCIS for details.
8. What happens if my Green Card application is denied?
- Answer: If your Green card application is denied, you will receive a written explanation for the denial. Depending on the reasons for the denial, you may have the option to appeal the decision or reapply. Consulting with an immigration attorney is advisable in such situations.
9. Can I travel outside the U.S. while my Green Card application is pending?
- Answer: Yes, but you must apply for and obtain a travel document known as a “Reentry Permit” from USCIS before leaving the U.S. This permit allows you to travel abroad for a specified period without abandoning your Green Card application.
10. What are the rights and responsibilities of Green Card holders?
- Answer: Green Card holders have the right to live and work anywhere in the U.S., access government benefits, and enjoy legal protection under U.S. laws. They must also file income tax returns, avoid committing crimes that could lead to deportation, and maintain their U.S. residency.
11. Can Green Card holders apply for U.S. citizenship?
- Answer: Yes, Green Card holders are eligible to apply for U.S. citizenship through a process known as naturalization. They must meet specific requirements, including continuous residency and good moral character, to become U.S. citizens.
12. How do I check the status of my Green Card application?
- Answer: You can check the status of your Green card application online through the USCIS website using your receipt number. USCIS provides updates on the progress of your application, including when it’s approved and when your Green Card is mailed.
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