For many people around the globe, the United States symbolizes hope and new beginnings, a place where dreams can become reality. If you are looking to build a better future for yourself and your family, obtaining an immigrant visa, commonly known as a Green Card, is an important step on that journey. A Green Card gives you lawful permanent resident status, meaning you can live and work anywhere in the U.S. permanently.
What is an Immigrant Visa (Green Card)?
An immigrant visa, or Green Card, is an official document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals to reside and work permanently in the United States. The term “Green Card” originates from the color of the identification card issued to permanent residents. Holding a Green Card is a significant privilege, offering numerous benefits such as the ability to sponsor certain family members for their own Green Cards and a pathway to U.S. citizenship through naturalization.
Eligibility Requirements
The U.S. offers several categories under which one can apply for a Green Card. Understanding these categories is crucial to determine your eligibility.
1. Family-Based Green Cards
Immediate Relatives of U.S. Citizens:
- Spouses of U.S. citizens
- Unmarried children under 21 years of age of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)
Family Preference Categories:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens
- F2A: Spouses and unmarried children (under 21) of lawful permanent residents
- F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
- F3: Married sons and daughters of U.S. citizens
- F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is at least 21 years old)
Also read J-1 Visa Guide: Your Pathway to Studying and Working in the USA
2. Employment-Based Green Cards
EB-1: Priority Workers
- Individuals with extraordinary abilities in sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Multinational executives and managers
EB-2: Professionals with Advanced Degrees or Exceptional Ability
- Advanced degree holders in their field
- Individuals with exceptional ability in the sciences, arts, or business
EB-3: Skilled Workers, Professionals, and Unskilled Workers
- Skilled workers with at least two years of experience
- Professionals with a U.S. bachelor’s degree or foreign equivalent
- Unskilled workers performing labor requiring less than two years of training
EB-4: Special Immigrants
- Religious workers
- Certain broadcasters
- Employees of U.S. foreign service posts
- Retired employees of international organizations
EB-5: Immigrant Investors
- Individuals investing $1.8 million (or $900,000 in targeted employment areas) in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers
3. Diversity Visa Lottery
The Diversity Immigrant Visa Program allocates up to 50,000 immigrant visas annually, drawn randomly from entries of individuals from countries with low rates of immigration to the U.S.
Official Website: Diversity Visa Program
4. Other Categories
- Asylees and Refugees: Individuals granted asylum or refugee status
- Humanitarian Programs: Victims of human trafficking (T visa), victims of crimes (U visa)
- Other Special Programs: Cuban Adjustment Act, Haitian Refugee Immigration Fairness Act
Also read Work Visa in USA: Your Guide to Working Legally in the United States
Documentation Needed
Gathering the correct documentation is vital for a successful Green Card application. While specific requirements may vary based on the category, the following are commonly required documents:
- Valid Passport: Must be valid for at least six months beyond the intended date of entry into the U.S.
- Birth Certificate: Official birth certificate or equivalent proof of birth
- Marriage Certificate: If applying as a spouse
- Divorce or Death Certificates: If previously married
- Police Clearance Certificates: From all countries where you have lived for more than six months since age 16
- Medical Examination Report: Completed by a USCIS-approved physician (Form I-693)
- Financial Support Evidence:
- Affidavit of Support (Form I-864): For family-based applicants
- Employment Offer Letter: For employment-based applicants
- Educational and Employment Records: Diplomas, degrees, and employment letters
- Passport-Style Photographs: As per USCIS specifications
- Proof of Legal Entry and Status in the U.S.: If applying from within the U.S.
Application Process
The application process for a Green Card involves several steps and varies depending on your eligibility category.
Step 1: Filing the Immigrant Petition
- Family-Based Applicants:
- The sponsoring U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative.
- Employment-Based Applicants:
- The employer files Form I-140, Immigrant Petition for Alien Worker.
- Labor Certification (PERM): Required for certain EB-2 and EB-3 categories. Obtained through the U.S. Department of Labor.
- Self-Petitioning:
- Certain individuals (e.g., EB-1A extraordinary ability, EB-2 National Interest Waiver) can file the petition on their own behalf.
Step 2: Waiting for Visa Availability
- Immediate Relatives: No waiting period; visas are immediately available.
- Preference Categories: Subject to annual numerical limits. Check the Visa Bulletin for current priority dates.
- Visa Bulletin: Current Visa Bulletin
Step 3: Consular Processing or Adjustment of Status
Consular Processing (Outside the U.S.):
- National Visa Center (NVC): After USCIS approval, the case is transferred to NVC.
- Pay Fees: Immigrant visa application fee and affidavit of support fee.
- Submit Documents: Civil documents and financial forms to NVC.
- Interview Appointment: Scheduled at the U.S. embassy or consulate.
- Attend Interview: Bring all original documents and be prepared to answer questions.
- Visa Issuance: If approved, the visa is stamped in your passport.
Also read What is M1 Visa for USA? Who can apply for it?
Adjustment of Status (Within the U.S.):
- Form I-485: File Application to Register Permanent Residence or Adjust Status.
- Submit Supporting Documents: Include all required documentation.
- Biometrics Appointment: Attend fingerprinting and photo appointment.
- Interview: Attend an interview at a local USCIS office if required.
- Decision: Receive approval notice and Green Card by mail.
Step 4: Receiving Your Green Card
- USCIS Immigrant Fee: Pay the $220 fee after receiving your immigrant visa and before traveling to the U.S.
- Physical Green Card: Mailed to your U.S. address after entry or approval.
Processing Time
Processing times can vary widely based on the type of Green Card and individual circumstances.
- Immediate Relatives:
- Processing Time: Approximately 12-18 months.
- Family Preference Categories:
- Processing Time: Ranges from 2 years to over 10 years.
- Employment-Based Categories:
- EB-1: 6 months to 2 years.
- EB-2 and EB-3: 1 to 5 years or more, depending on country backlog.
- Diversity Visa Lottery:
- Processing Time: Must complete the process by the end of the fiscal year (September 30).
Check Current Processing Times:
USCIS Processing Times: Check Processing Times Here
Also read What is B-2 Visa? Eligibility and Application Process
Fees and Expenses
Below is a breakdown of common fees associated with the Green Card application process (fees are subject to change; always verify with official sources):
- Form I-130 (Petition for Alien Relative): $535
- Form I-140 (Immigrant Petition for Alien Worker): $700
- Form I-485 (Adjustment of Status): $1,140
- Biometrics Fee: $85 (applicants aged 14-78)
- Consular Processing Fees:
- Immigrant Visa Application Processing Fee (Form DS-260): $325
- Affidavit of Support Fee (Form I-864): $120
- USCIS Immigrant Fee: $220 (paid after visa issuance)
- Medical Examination: Varies by provider ($200 – $500)
- Translations and Document Preparation: Varies
- Attorney Fees: If you choose to hire an attorney (optional)
Total Estimated Cost: Between $1,500 and $4,000 (excluding attorney fees)
USCIS Fee Schedule: Current Fees
Rights and Responsibilities of Green Card Holders
Rights:
- Permanent Residence: Live permanently in the U.S. provided you do not commit actions that would make you removable under immigration law.
- Employment: Work in any lawful capacity without needing an employer-sponsored visa.
- Protection Under Law: Receive legal protections under all U.S. laws at the federal, state, and local levels.
- Travel: Travel outside the U.S. and return, but extended absences may affect your permanent resident status.
Responsibilities:
- Obey Laws: Abide by all U.S. laws.
- Tax Compliance: File income tax returns and report income to the IRS and state tax authorities.
- Selective Service Registration: Male residents aged 18-25 must register.
- Address Changes: Report changes of address to USCIS within 10 days of moving.
- Form AR-11: Change of Address
Also read What is the I-20 Form? How to get it?
Maintaining Permanent Resident Status
- Physical Presence: Avoid prolonged absences from the U.S. Trips longer than six months may raise questions; trips over one year require a Re-entry Permit (Form I-131).
- Intent to Reside: Demonstrate intent to reside permanently in the U.S.
Pathway to Citizenship
- Naturalization Eligibility: Generally eligible after five years of permanent residency, or three years if married to a U.S. citizen.
- Requirements: Continuous residence, physical presence, good moral character, knowledge of English and U.S. history.
Frequently Asked Questions (FAQs)
1. Can I work while my Green Card application is pending?
- Adjustment of Status Applicants: You can apply for an Employment Authorization Document (EAD) by filing Form I-765 along with your I-485 application.
- Consular Processing Applicants: Generally cannot work in the U.S. until the immigrant visa is approved.
2. Is a medical examination required for all applicants?
- Yes, all applicants must undergo a medical examination performed by a USCIS-approved physician. The results are submitted using Form I-693.
3. What if my circumstances change after applying?
- Family-Based Applicants: If the sponsoring relative becomes a U.S. citizen, inform USCIS to upgrade your petition.
- Employment-Based Applicants: Significant changes in employment may affect your application; consult with an immigration attorney.
4. Can I include my spouse and children in my application?
- Employment-Based Applicants: Yes, your spouse and unmarried children under 21 can apply as derivative beneficiaries.
- Family-Based Applicants: Separate petitions may be required depending on the category.
5. Do I need to renew my Green Card?
- Yes, Green Cards are generally valid for 10 years. You should file Form I-90 to renew it six months before expiration.
- Conditional Residents (CR1 or EB-5): Valid for two years; must file Form I-751 (family-based) or Form I-829 (investors) to remove conditions.
6. What happens if my application is denied?
- You will receive a notice explaining the reasons for denial.
- Appeals and Motions: You may file an appeal or a motion to reopen/reconsider with USCIS.
- Legal Assistance: Consider consulting an immigration attorney for guidance.