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Over 44 million immigrants were residing in the U.S. in 2018. If you're living outside the U.S. currently, your journey will begin by applying for a residency visa and becoming a permanent resident. Conversely, if you're already in the U.S., you may be able to apply for permanent resident status through the "adjustment of status" process. After living in the U.S. as a permanent resident for at least 5 years, you will be eligible to apply for U.S. citizenship.
Steps
Apply for a Residency Visa
Identify the appropriate visa type. If you're currently living outside the U.S. and wish to immigrate permanently, the first step is to apply for a residency visa. There are various types of residency visas, each requiring a different application form and supporting documents.
- The U.S. prioritizes residency visas based on certain categories. The highest priority is given to immigrants with family members who are U.S. citizens or permanent residents. The next level of priority goes to immigrants with job offers in the U.S.
- You can also apply for other visa types, such as asylum visas. These visas are limited in number, and availability may vary depending on the country you're residing in. Waiting lists for these visas can sometimes extend for years.
Find a sponsor for your visa application. To apply for a residency visa, you will need a U.S. citizen to sponsor you. If you are applying for a family-based visa, the sponsor must be a U.S. citizen and a member of your family. For employment-based visas, the sponsor is typically your future employer.
- If you are sponsored by a family member, they must be a U.S. citizen over 18 years of age.
- If your sponsor has never sponsored anyone before, both they and you should familiarize yourselves with the sponsorship process. An immigration attorney can assist you in understanding the process. There are also non-profit organizations that are available to support immigrants.
Ask the sponsor to submit the sponsorship petition. The forms that the sponsor needs to fill out and submit are available on the U.S. Citizenship and Immigration Services (USCIS) website. The forms include instructions for completing and submitting to USCIS.
- If you are sponsored by a family member, they must submit Form I-130, Petition for Alien Relative. If your employer is sponsoring you, they must submit Form I-140, Immigrant Petition for Alien Worker.
Wait for notification from the National Visa Center (NVC). If the sponsorship petition is approved, it will be forwarded to the NVC for processing. The NVC will collect your visa application, fees, and supporting documents. Since there is a limited number of visas available each year for each category, you may have to wait for months, or even years, to receive a notification from the NVC.
- The NVC notification will include instructions on the next steps for obtaining your residency visa. Make sure to read these instructions carefully and seek assistance from an immigration lawyer or a non-profit organization if you don't understand them. Failure to follow the instructions may delay your case or result in its rejection.
- At this point, you can designate a representative to receive notifications from the NVC on your behalf. This is important if you frequently move or do not have a permanent address. You may also choose to represent yourself.
Tip: It's a good idea to start gathering your supporting documents while waiting for the NVC's notification. The visa application and instructions are available on the USCIS website.
Submit the visa application, fees, and other documents to the NVC. The immigrant visa application is detailed and quite lengthy. Most of the information you provide on the visa application must be supported by official documents. Once you have completed the application and gathered all necessary documents, submit the entire package to the NVC.
- It is recommended to have an immigration attorney review your visa application and supporting documents before submission. You will need to pay a fee of over $1,000, and they will not refund the fee if your application is rejected, forcing you to start the process over.
- In some countries, you will use the Consular Electronic Application Center (CEAC) to submit your visa application, fees, and supporting documents, rather than mailing them. This process is safer and saves time.
Undergo a medical examination. USCIS requires a health exam to assess whether you pose a risk to public health. You will receive necessary vaccinations and screening for communicable diseases.
- The doctor must complete Form I-693 and seal it in an envelope. Do not open the envelope. You must submit this sealed envelope to the consular office during your interview.
- The medical exam form is valid for six months.
Attend the interview with a consular officer. The interview is typically held at the nearest U.S. embassy or consulate in your home country.
- During the interview, the consular officer will review your supporting documents and ask several questions about your visa application.
- If you are applying for a visa with a family member, they are usually required to attend the interview with you.
- At the end of the interview, you will be informed whether your visa application has been approved. If the consular officer requires additional documents or information before approving your application, they will notify you. Provide these documents as soon as possible.
- The consular officer may deny your visa application. In most cases, you cannot appeal their decision. However, you can request that another consular officer review your application, and you may need to attend another interview.
Enter the U.S. on an immigrant visa. A few days after your interview, you will receive your immigrant visa. You can pick it up at the embassy or consulate along with your passport. You must enter the U.S. before your visa expires, typically within six months (remember, the medical examination is valid for only six months).
- You will receive a sealed envelope containing your documents to present to U.S. Customs and Border Protection at the port of entry. Do not open this sealed envelope.
Apply for a Green Card.
Check if you're eligible to apply for a Green Card. If you're in the U.S. on a non-immigrant visa and want to become a permanent resident, you may be eligible to apply for "Adjustment of Status" under certain categories. The Green Card is primarily granted to individuals with U.S. citizen family members or those employed full-time in the U.S.
- For example, if you came to the U.S. on a student visa and later got hired as a professor at a university, you could apply for a Green Card based on your employment, with the university as your sponsor.
- The Green Card is also available for those living in the U.S. on a non-immigrant visa who marry a U.S. citizen.
- All eligible categories for Adjustment of Status are listed on the USCIS website. It's also advisable to consult an immigration lawyer before starting the Green Card process. They can offer guidance and assist you with each step of the process.
Advice: While the most common reasons for applying for Adjustment of Status are family relationships or employment, there are other grounds under which you can apply for a Green Card. However, each year, there is a limited number of adjustments available for these other reasons. USCIS will not accept applications if the quota for that specific reason has been reached. You can check the current number of available adjustments on the USCIS website.
Complete the application for permanent resident status. If you are applying for a Green Card while living in the U.S., you will need to fill out Form I-485, the Application to Register Permanent Residence or Adjust Status. This form asks about you, your reason for seeking permanent resident status, your educational background, employment, and criminal history.
- You can download the form and review the instructions for completing it on the USCIS website.
Gather supporting documents for your Green Card application. Almost all claims made in your application for permanent resident status must be backed by official documentation. The specific documents you need to provide will depend on the category you are applying under.
- If you are applying for Adjustment of Status due to marriage to a U.S. citizen, you will need to submit a notarized copy of your marriage certificate.
- If you are applying based on full-time employment in the U.S., you will need to provide employment verification documents, typically a letter from your employer or supervisor confirming your job status.
- No matter which category you apply under, you will also need to submit financial records, including a copy of your most recent tax return.
Submit your application to USCIS. After completing the form and gathering all the necessary supporting documents, mail your application to the USCIS Lockbox for processing, along with the appropriate filing fee. It's a good idea to make copies of all documents before mailing them.
- The address to submit your application and supporting documents will depend on the Green Card category you are applying under. Find the correct address on the USCIS website.
Attend your biometric appointment. USCIS uses biometric data to verify your identity. Once they receive your application, they will notify you of the date, time, and location of your appointment. The biometric appointment takes place at the Application Support Center (ASC) nearest to your residence.
- During the appointment, your fingerprints will be taken, and a photo will be taken of you. You will also be required to sign a form confirming that all information on your application is complete and accurate to the best of your knowledge.
Attend an interview with USCIS if required. In many cases, an interview with USCIS is not necessary for Adjustment of Status, especially if you recently had an interview for a non-immigrant visa.
- During the interview, USCIS staff will ask questions about your Green Card application and your reason for seeking permanent resident status. Answer all questions thoroughly and truthfully. If you don't understand something or don't know the answer, let them know so they can explain further or give you time to provide the correct response.
- If you are applying for permanent resident status due to marriage to a U.S. citizen, your spouse will typically need to attend the interview as well. USCIS may interview each of you separately.
Receive a decision on your Green Card application. Generally, USCIS will send you a written decision. If your application is approved, you should receive your Green Card within a few weeks of receiving the approval notice.
- If your application is denied, the notice will explain the reason for the denial and whether you have the right to appeal the decision. Most reasons for denial are not appealable. However, you may request a review of your case (by having another USCIS officer examine your Green Card application) or ask for your case to be reopened (if you need to submit additional documents or information).
Become a U.S. Citizen
Live in the U.S. as a lawful permanent resident. Before you are eligible to become a U.S. citizen, you must live in the U.S. as a permanent resident for at least five years. This requirement is reduced to three years if you are married to a U.S. citizen or in certain other special cases such as military service.
- Your residency must be continuous; any breaks in your residency will reset the clock. While you may leave the U.S. for short periods, you generally need to have lived in the U.S. for at least 30 months continuously.
- Even if you are a permanent resident, remember to follow current laws and local ordinances. Any violations can jeopardize your path to naturalization.
Apply for naturalization. Once you've lived in the U.S. for the required time, you can apply to become a U.S. citizen. Form N-400 is available on the USCIS website.
- You have the right to live permanently in the U.S. once granted a Green Card. However, becoming a U.S. citizen gives you the right to vote and access benefits like Social Security from the federal government.
- Fill out the form completely and accurately. Answer truthfully, even if you think the truth might lower your chances of becoming a citizen.
- Before you begin the application process, USCIS recommends that you read the Naturalization Guide. You can download the guide at USCIS website.
Submit your application to USCIS. After you have completed the form and gathered all the necessary supporting documents, submit them to the correct USCIS Lockbox facility along with the processing fee.
- The Naturalization Guide provides the addresses of lockbox facilities. Generally, the address will depend on where you live in the U.S. or the territory where you reside.
Attend the naturalization interview with USCIS officers. Once your application is processed, you will receive a notification with the date, time, and location of your interview. The interview typically involves questions about your naturalization application, background, character, attachment, and loyalty to the U.S. and the U.S. Constitution.
- While this is an interview, your answers will be regarded as an oath. If the USCIS officer finds that you lied about any information, they will terminate the interview and deny your application.
Advice: If your application is denied, you will receive an explanation for the decision. You have the right to appeal the denial by requesting a review from an immigration officer. If the officer does not approve your naturalization application, you can appeal the case to a U.S. District Court. You will need to pay fees for all appeal requests, along with any court costs. If you choose to appeal, it is recommended to work with an immigration attorney to discuss your options.
Take the U.S. naturalization test. The naturalization test consists of an English language test and a civics test. In the English portion, you will need to read, write, and answer questions in English. The civics test contains 10 questions about U.S. government and history. You must answer at least 6 out of 10 questions correctly.
- The civics test is drawn from a pool of 100 questions. You can download these questions from the USCIS website if you'd like to study.
- You can also enroll in preparatory courses or use study guides for the naturalization test. These materials are available for free at most libraries. Local colleges and nonprofit organizations may offer free educational resources to help you prepare for the test.
Attend the naturalization ceremony. If you pass the naturalization test, you will be invited to attend the naturalization ceremony and take the Oath of Allegiance. You will not officially be a U.S. citizen until you have taken the Oath.
- The naturalization ceremony is a significant event for most new citizens. However, if for any reason you cannot attend, there are other options to take the Oath. You may choose to take the Oath after completing the test, if preferred.
Advice
- An immigration lawyer can guide you through this process. If you're concerned about the costs, many immigration lawyers offer services at no charge or with significant discounts for individuals with low income.
Warning
- The Green Card must be renewed every 10 years, or every 2 years if you have a conditional Green Card. Visit the USCIS website to initiate the renewal process at least 6 months before expiration to allow time for processing your application.
