Buzz
Holding a green card, or permanent residency, grants you the legal right to live and work in the United States. This is a major milestone on the path to becoming a U.S. citizen. You can apply for a green card through family sponsorship, employment, or other special circumstances. While the process may be lengthy, the benefits are well worth the effort. Read on to learn what steps you need to take to secure a green card.
Steps
Determine the Appropriate Category for You
Find out if you qualify for a green card through family. This is one of the most common and straightforward ways to obtain a green card. If you have a direct relationship with a U.S. citizen, U.S. immigration law allows your relative to petition for you to live in the country.
- Many people secure green cards through close family ties with U.S. citizens. If you are a spouse, unmarried child under 21, or parent of a U.S. citizen over 21, your relative can file Form I-130, Petition for Alien Relative. You may then follow the 'Adjustment of Status' process to become a permanent resident. This process differs slightly for those not yet in the U.S., who are referred to as 'consular processing' applicants; their visas are managed by the U.S. Department of State, and they become permanent residents upon entry to the U.S.
- The process is similar but slower if you are applying through a relative who is a permanent resident but not yet a U.S. citizen.
- If you are over 21 or married, your status and that of your family member may change, potentially delaying your green card application under the 'family' category.
- You may also qualify for a green card through special relationship circumstances, such as being an abandoned spouse or child, the widow or widower of a U.S. citizen, or the child of a foreign diplomat born in the U.S.
Determine if you qualify for a green card through employment. This category is divided into several subcategories, but essentially, U.S. immigration law requires all green card applicants to have a job offer, investment, or professional qualification. Identify which of the following situations applies to you:
- You have received a permanent job offer in the U.S. In this case, your employer must obtain a labor certification and file Form I-140, Petition for Alien Worker.
- You wish to obtain a green card through investment. If you are an entrepreneur who has invested $1,000,000 or $500,000 in a business that creates at least 10 jobs for U.S. citizens, you may apply for a green card through investment by filing Form I-526, Immigrant Petition by Alien Investor.
- You possess extraordinary abilities and wish to self-petition for a green card. Individuals with exceptional talents or achievements recognized as top in their field (e.g., Nobel Prize winners, elite athletes) may self-petition. These cases are extremely rare.
- You fall under a special employment category. If you are an Afghan or Iraqi translator, a national of Afghanistan or Iraq who assisted the U.S. government, a member of the armed forces, or fall under other special circumstances, you may also qualify for a green card.
Determine if you are a refugee or asylee. If you entered the U.S. as a refugee or asylee, or are a close family member of an asylee, you may apply for a green card after one year of residence.
- If you are a refugee, applying for permanent residency after one year is mandatory.
- If you are an asylee, applying for permanent residency is optional.
Submit Your Application and Check Visa Status
Complete the correct forms. Once you have identified your immigration category, your relative or employer must prepare and submit the application on your behalf. In rare cases, you may self-petition.
- If applying as a relative of a U.S. citizen, your relative must file Form I-130, Petition for Alien Relative.
- If applying through employment, your employer must file Form I-140, Petition for Alien Worker.
- If applying as an investor, you must file Form I-526, Immigrant Petition by Alien Investor.
- If you are a widow or widower of a U.S. citizen, file Form I-360.
- If you are a refugee or asylee, you may not need to file an application if you qualify for a change of status.
Check your visa availability. After your relative, employer, or you have filed the petition, you must check if a visa is available before submitting additional forms. Visa availability depends on your immigration category and country of origin.
- There is no limit on visas for immediate relatives of U.S. citizens.
- A limited number of visas are available for family-sponsored and employment-based applicants. You will receive a priority date and be placed on a waiting list until a visa becomes available.
- You will receive a 'Visa Bulletin' to track your place in the waiting list.
Complete Form I-485, Application to Register Permanent Residence or Adjust Status. You must wait until a visa is available before submitting this form. Read the instructions carefully and ensure all required documents and information are included. Make sure to send the application to the correct address.
- If you are applying for a green card through a family member, you can submit Form I-485 concurrently with your relative’s petition, as there is no limit on visa availability for immediate relatives.
- The filing fee for this application is $1070 (~24 million VND).
Complete the Process and Receive Your Green Card
Provide your biometric information. You will receive a notice to visit an Application Support Center to provide your fingerprints, photograph, and signature. This information will be used to create your personal record and will ultimately be used to produce your green card.
Attend the interview. In some cases, you will be called for an interview at a USCIS (U.S. Citizenship and Immigration Services) office to answer questions about your application. If you receive a notice, be sure to attend the appointment. The notice will include the date, time, and location of the interview.
- In some cases, the relative who filed the petition on your behalf may also be required to attend the interview.
- Bring all required documents, your passport, and any other materials related to the interview.
Wait for the final decision and receive your green card. USCIS will review all your documents, evaluate the interview if applicable, and determine if you meet the requirements for permanent residency. Once a decision is made, you will receive a notification by mail.
- If your application is denied, you have the right to appeal.
- If your application is approved, you will receive instructions on the next steps to obtain your green card, including information on renewal timelines.
Tips
- Always gather as much information as possible before taking a significant step. If anything could hinder your path to citizenship or permanent residency, such as involvement in political activities or criminal offenses, ensure you have a clear explanation and are prepared to address any negative perceptions.
- Never fall for scams where someone demands a large sum of money to guarantee citizenship. No one can assure you of becoming a U.S. citizen simply by filing paperwork on your behalf.
- Read everything thoroughly. If you are unable to read, ask someone you trust to assist you.
