Green Card Process: A Complete Guide to Obtaining Permanent Residency in the United States

Before you plan onting a permanent residency in the United States, you must have a Green Card. Hence, it is also important to understand every aspect of the Green Card process. When you apply for a Green Card, you must know what you can expect from the process to give yourself the optimal chance for success.

Another thing to consider is that the Green Card process can take a lot of time, which can be frustrating. But on the other hand, it is also quite rewarding. In the end, you can achieve lawful permanent residency in the United States.

Read the blog below to learn more about the Green Card process steps and how to apply for one.

What are the general steps to get Permanent Residency in the US?

If you are applying for a Green Card, you must also know whether you are eligible. There are 3 major qualifications for a US Green Card. These are listed below.

• Before you plan on getting a permanent residency in the United States, you must have a Green Card. Hence, it is also important to understand every aspect of the Green Card process. When you apply for a Green Card, you must know what you can expect from the process to give yourself the optimal chance for success.

  Another thing to consider is that the Green Card process can take a lot of time, which can be frustrating. But on the other hand, it is also quite rewarding. In the end, you can achieve lawful permanent residency in the United States.

  Read the blog below to learn more about the Green Card process steps and how to apply for one.

  What are the general steps to get Permanent Residency in the US?

  If you are applying for a Green Card, you must also know whether you are eligible. There are 3 major qualifications for a US Green Card. These are listed below.

• Through Employment (filing Form I-140)
  • You must file Form I-140, which is an immigration form, before or at the same time when you apply for a Green Card.
  • You can qualify for a Green Card through an employment-based petition such as EB-1, EB-2, EB-3, EB-4, or EB-5.
  • Each of the above petitions is related to Form I-140.
• Through Family (filing Form I-130)
  • Another way to qualify for a Green Card is through your family, such as marriage. 
  • For this, you must file Form I-130 before applying for a Green Card.
• For Humanitarian Purposes
  • Refugees, asylum seekers and similar immigrants are also qualified to apply for a Green Card.

• How to select the correct Visa Category?

  This step is only applicable for employment-based Green Card categories. There are several employment-based categories, and you must select the appropriate one for your needs.

• EB-1A
  • This is for individuals who have expertise in their field.
  • They are eligible for self-petitioning.
  • PERM is not required.
• EB-1B
  • This is for professors and researchers. PERM is not required.
• EB-1C
  • This is for multinational managers and executives. PERM is not required.
• EB-2 National Interest Waiver (NIW)
  • This is for individuals whose work is of national importance. 
  • They are eligible for self-petitioning
  • PERM is not required
• EB-2 PERM
  • This is for individuals with extraordinary abilities or an advanced degree. PERM is required.
• EB-3
  • This is for skilled and professional workers. PERM is required.
• EB-4
  • This is for special immigrants, and PERM is not required.
• EB-5
  • This is for immigrant investors, and PERM is not required.

• Note: PERM stands for Program Electronic Review Management and is regulated by the US Department of Labour. It is a required step for most employment-based (EB-2 and EB-3) Green Cards. Its main goal is to ensure that hiring a foreign national will not negatively impact the wages or job opportunities of qualified US workers.

  What is the PERM Labour Certification Phase?

  The next step is the PERM (Program for Electronic Review Management) Labour certificate for EB-2 PERM and EB-3 petitions. This is to show the US Department of Labour you are not taking away a US Citizen's job. Your sponsoring employer will carry out the PERM process, and this usually takes around 6-8 months. The processsing is also dependent on whether your employer is selected for an audit.

  The time period for a PERM process is listed below.

• Prevailing Wage Request
  • Your employer will get a prevailing wage from the Department of Labour, which usually takes around 2 weeks.
• Recruitment Process
  • Your employer works with the Department of Labour to prove that you are the best candidate and that there are no qualified US workers for the position.
  • This can take several months to complete.
• ETA-9089 Application
  • Your employer must submit the ETA-9089 application to the Department of Labour.
  • It usually takes around 6 months to review and approve the application.

• What is the Petition Phase?

  This step is mostly for immigrants having petitions that do not require the PERM process. EB-2 PERM and EB-2 applicants can do this after their PERM is approved.

• The immigration petition is prepared in this phase.
• For employment-based petitions, Form I-140 is prepared with supporting documents.
• For family-based petitions, Form I-130 is prepared with supporting documents.
• The petition will take a few months to prepare. It will mostly depend on the type of petition and the legal services firm you work with.
• Some of the petitions require hundreds of pages of documents. Others are more straightforward.
• The petition will be printed on paper after it is prepared. It will then be shipped to a USCIS service centre.
• A few petitions are eligible for premium processing. It will be reviewed and approved by USCIS within approximately 15- 45 business days.
• In some cases, you might have to wait for years to get an approval.

• What is the Adjustment of Status Phase?

  This step involves becoming a permanent resident, or Green Card holder, while staying in the United States. In this phase:

• For a Green Card application, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status).
• You must make sure you are using the correct version of Form I-485.
• You will receive your Green Card after the approval of Form I-485.

• How to apply for a Green Card from outside the United States?

  If you are planning to apply for a Green Card from outside the US, you must go through consular processing. Every consulate will have a slightly different process. You must inquire with your consulate or a local immigration attorney for more details.

  How to apply for a Green Card through Consular Processing?

  Consular processing is when you apply for a Green Card from outside the United States through a US Department of State consulate. The process includes:

• Determining the Green Card category you are eligible for
• Filing your immigration petition
• Knowing which forms and documents you require
• You may have in-person appointments with the consular office
• Estimating when you will receive your Green Card

• What is the cost of applying for a Green Card?

  Right now, the primary USCIS Immigrant Fee is $235. It is paid after receiving an immigrant visa and before travelling to the United States. If you are applying for a Green Card from within the United States, the fee is $1440. Renewal and replacement fees generally cost $185 to $190.

  What is the next step after submitting your Green Card application to the US Government?

  After submitting your Green Card application to the government, the following things will happen.

• You or your immigration officer may receive a Notice of Receipt of Application from the USCIS.
• It will signify that the USCIS mail room has sent your application to the correct place.
• You will find a receipt number on the receipt notice. It can be used to track your Green Card status online.
• You will then receive a notice for a biometrics appointment. This will include a location and date for your appointment.
• You will also be provided with instructions on how to reschedule, if necessary.
• During the appointment, you must provide all necessary details such as your signature, fingerprints and passport-sized photographs.
• The appointment will be quick. This allows the USCIS to complete the background check that is necessary for your case to continue towards approval.
• As Initial Evidence, you may also receive a request for a medical exam.
• You will receive an invitation for a Green Card interview. The USCIS can voluntarily waive interviews for certain applicants.
• However, you must make the necessary preparations to attend the interview (if necessary).
• The interview is used for clarification and confirming the details of your work history, current immigration status and Green Card application.

• What to do after submitting your I-485 application?

  After you have mailed your I-485 application to USCIS, you can expect a waiting time of 6 months or even more before your case is approved.

• While waiting, you must maintain your legal status in India.
• Many individuals choose to file Form I-765 (Application for Employment Authorisation) and Form I-131 (Application for Travel Document). Both of them will be approved within a few months.
• You can use Form I-131 to travel internationally, and Form I-765 provides Green Card applicants with a temporary EAD (Employment Authorisation Document).

• Tips and Tricks to keep in mind when applying for a Green Card

  There are a few points to remember when applying for a Green Card. These are listed below:

• If you have travelled recently, visa holders must wait 90 days before filing Form I-485.
• To file Form I-485, you must also have a current priority date on the visa bulletin board.
• If you are on a single intent visa, it is advised to wait 90 days before filing your application. Keep this in mind when you file a Green Card application.
• There is a certain limit for Green Card applications from each country.
• In countries like China and India, there is always a backlog due to the high volume of Green Card applications.
• You will be unable to file a Green Card application before filing an immigrant visa. However, you can file both of them at the same time.
• You are not allowed to file Form I-485 based on employment or marriage. If your priority date is current, you can file at the same time to speed up the overall process.
• Some individuals choose to wait before filing a Green Card application. They do this until their immigrant visa has been approved.
• If you plan to file an EB-1A with premium processing, you will receive a response from the government in 15 days or less.
• You can also file your Green Card application once the petition is approved. 
• If your EB-1A is denied, you will not lose time and money spent on the Green Card application.

• Conclusion

  It is important to understand the process when filing a Green Card application. This can be an important step for getting a chance at permanent residency in the United States. The Green Card process may look complicated at first, but in general it is quite easy. To make the Green Card application process easy, you must have the right information, prepare the correct documentation and follow all the steps. By doing all these correctly, you can easily file for a Green Card application without any problems. Through Employment (filing Form I-140)

  • You must file Form I-140, which is an immigration form, before or at the same time when you apply for a Green Card.
  • You can qualify for a Green Card through an employment-based petition such as EB-1, EB-2, EB-3, EB-4, or EB-5.
  • Each of the above petitions is related to Form I-140.
• Through Family (filing Form I-130)
  • Another way to qualify for a Green Card is through your family, such as marriage. 
  • For this, you must file Form I-130 before applying for a Green Card.
• For Humanitarian Purposes
  • Refugees, asylum seekers and similar immigrants are also qualified to apply for a Green Card.

How to select the correct Visa Category?

This step is only applicable for employment-based Green Card categories. There are several employment-based categories, and you must select the appropriate one for your needs.

• EB-1A
  • This is for individuals who have expertise in their field.
  • They are eligible for self-petitioning.
  • PERM is not required.
• EB-1B
  • This is for professors and researchers. PERM is not required.
• EB-1C
  • This is for multinational managers and executives. PERM is not required.
• EB-2 National Interest Waiver (NIW)
  • This is for individuals whose work is of national importance. 
  • They are eligible for self-petitioning
  • PERM is not required
• EB-2 PERM
  • This is for individuals with extraordinary abilities or an advanced degree. PERM is required.
• EB-3
  • This is for skilled and professional workers. PERM is required.
• EB-4
  • This is for special immigrants, and PERM is not required.
• EB-5
  • This is for immigrant investors, and PERM is not required.

Note: PERM stands for Program Electronic Review Management and is regulated by the US Department of Labour. It is a required step for most employment-based (EB-2 and EB-3) Green Cards. Its main goal is to ensure that hiring a foreign national will not negatively impact the wages or job opportunities of qualified US workers.

What is the PERM Labour Certification Phase?

The next step is the PERM (Program for Electronic Review Management) Labour certificate for EB-2 PERM and EB-3 petitions. This is to show the US Department of Labour you are not taking away a US Citizen's job. Your sponsoring employer will carry out the PERM process, and this usually takes around 6-8 months. The processsing is also dependent on whether your employer is selected for an audit.

The time period for a PERM process is listed below.

• Prevailing Wage Request
  • Your employer will get a prevailing wage from the Department of Labour, which usually takes around 2 weeks.
• Recruitment Process
  • Your employer works with the Department of Labour to prove that you are the best candidate and that there are no qualified US workers for the position.
  • This can take several months to complete.
• ETA-9089 Application
  • Your employer must submit the ETA-9089 application to the Department of Labour.
  • It usually takes around 6 months to review and approve the application.

What is the Petition Phase?

This step is mostly for immigrants having petitions that do not require the PERM process. EB-2 PERM and EB-2 applicants can do this after their PERM is approved.

• The immigration petition is prepared in this phase.
• For employment-based petitions, Form I-140 is prepared with supporting documents.
• For family-based petitions, Form I-130 is prepared with supporting documents.
• The petition will take a few months to prepare. It will mostly depend on the type of petition and the legal services firm you work with.
• Some of the petitions require hundreds of pages of documents. Others are more straightforward.
• The petition will be printed on paper after it is prepared. It will then be shipped to a USCIS service centre.
• A few petitions are eligible for premium processing. It will be reviewed and approved by USCIS within approximately 15- 45 business days.
• In some cases, you might have to wait for years to get an approval.

What is the Adjustment of Status Phase?

This step involves becoming a permanent resident, or Green Card holder, while staying in the United States. In this phase:

• For a Green Card application, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status).
• You must make sure you are using the correct version of Form I-485.
• You will receive your Green Card after the approval of Form I-485.

How to apply for a Green Card from outside the United States?

If you are planning to apply for a Green Card from outside the US, you must go through consular processing. Every consulate will have a slightly different process. You must inquire with your consulate or a local immigration attorney for more details.

How to apply for a Green Card through Consular Processing?

Consular processing is when you apply for a Green Card from outside the United States through a US Department of State consulate. The process includes:

• Determining the Green Card category you are eligible for
• Filing your immigration petition
• Knowing which forms and documents you require
• You may have in-person appointments with the consular office
• Estimating when you will receive your Green Card

What is the cost of applying for a Green Card?

Right now, the primary USCIS Immigrant Fee is $235. It is paid after receiving an immigrant visa and before travelling to the United States. If you are applying for a Green Card from within the United States, the fee is $1440. Renewal and replacement fees generally cost $185 to $190.

What is the next step after submitting your Green Card application to the US Government?

After submitting your Green Card application to the government, the following things will happen.

• You or your immigration officer may receive a Notice of Receipt of Application from the USCIS.
• It will signify that the USCIS mail room has sent your application to the correct place.
• You will find a receipt number on the receipt notice. It can be used to track your Green Card status online.
• You will then receive a notice for a biometrics appointment. This will include a location and date for your appointment.
• You will also be provided with instructions on how to reschedule, if necessary.
• During the appointment, you must provide all necessary details such as your signature, fingerprints and passport-sized photographs.
• The appointment will be quick. This allows the USCIS to complete the background check that is necessary for your case to continue towards approval.
• As Initial Evidence, you may also receive a request for a medical exam.
• You will receive an invitation for a Green Card interview. The USCIS can voluntarily waive interviews for certain applicants.
• However, you must make the necessary preparations to attend the interview (if necessary).
• The interview is used for clarification and confirming the details of your work history, current immigration status and Green Card application.

What to do after submitting your I-485 application?

After you have mailed your I-485 application to USCIS, you can expect a waiting time of 6 months or even more before your case is approved.

• While waiting, you must maintain your legal status in India.
• Many individuals choose to file Form I-765 (Application for Employment Authorisation) and Form I-131 (Application for Travel Document). Both of them will be approved within a few months.
• You can use Form I-131 to travel internationally, and Form I-765 provides Green Card applicants with a temporary EAD (Employment Authorisation Document).

Tips and Tricks to keep in mind when applying for a Green Card

There are a few points to remember when applying for a Green Card. These are listed below:

• If you have travelled recently, visa holders must wait 90 days before filing Form I-485.
• To file Form I-485, you must also have a current priority date on the visa bulletin board.
• If you are on a single intent visa, it is advised to wait 90 days before filing your application. Keep this in mind when you file a Green Card application.
• There is a certain limit for Green Card applications from each country.
• In countries like China and India, there is always a backlog due to the high volume of Green Card applications.
• You will be unable to file a Green Card application before filing an immigrant visa. However, you can file both of them at the same time.
• You are not allowed to file Form I-485 based on employment or marriage. If your priority date is current, you can file at the same time to speed up the overall process.
• Some individuals choose to wait before filing a Green Card application. They do this until their immigrant visa has been approved.
• If you plan to file an EB-1A with premium processing, you will receive a response from the government in 15 days or less.
• You can also file your Green Card application once the petition is approved. 
• If your EB-1A is denied, you will not lose time and money spent on the Green Card application.

Conclusion

It is important to understand the process when filing a Green Card application. This can be an important step for getting a chance at permanent residency in the United States. The Green Card process may look complicated at first, but in general it is quite easy. To make the Green Card application process easy, you must have the right information, prepare the correct documentation and follow all the steps. By doing all these correctly, you can easily file for a Green Card application without any problems.