From the first petition to the green card interview
Becoming a lawful permanent resident
A green card lets you live and work in the United States permanently, travel more freely, and, after enough time, apply for citizenship. The process depends on how you qualify and where you are when you apply. A small mistake on a form or a missed piece of history can delay a case for months or lead to a denial, so the plan matters from the first step.
Usher Law Group prepares green card applications for clients in New York, New Jersey and across the country, and represents applicants at their interviews.
Ways to qualify
- Family. Spouses, unmarried children under 21 and parents of U.S. citizens (who must be 21 or older to petition for a parent) are "immediate relatives" with no annual wait for a visa number. Other relatives of citizens and permanent residents qualify in preference categories that can involve a wait. See family-based immigration.
- Employment. Many workers qualify through an employer, often after a labor certification, and some can petition for themselves. Investors may qualify through the EB-5 program. See employment and investor immigration.
- Humanitarian. Asylees and refugees can generally apply one year after receiving status. Survivors of abuse may qualify through VAWA, and certain crime and trafficking victims through U and T visas. See asylum.
- Other paths. The diversity visa lottery, special immigrant categories and a few others.
Two ways to apply: inside or outside the United States
Adjustment of status is filed with USCIS on Form I-485 by a person who is already in the United States. Most applicants must have been inspected and admitted or paroled. Immediate relatives of U.S. citizens who entered lawfully and then overstayed can often still adjust, and some people protected by an old petition filed on or before April 30, 2001 (Section 245(i)) can adjust despite an unlawful entry.
Consular processing happens through the National Visa Center and an interview at a U.S. embassy or consulate abroad. Leaving the United States after unlawful presence can trigger a three-year or ten-year bar, so some applicants must first obtain a provisional unlawful presence waiver (Form I-601A) before they travel. Never leave the country for an interview without legal advice.
The usual steps in a family case
- The petition (Form I-130), filed by the U.S. citizen or permanent resident relative. For immediate relatives in the United States, it can be filed together with the green card application.
- The green card application (Form I-485), or visa processing abroad.
- The affidavit of support (Form I-864), showing that the sponsor can support the applicant. A joint sponsor can help when income is not enough.
- The medical exam (Form I-693), done by a USCIS-designated civil surgeon.
- Work and travel permits (Forms I-765 and I-131), which can be requested while the case is pending. Traveling without advance permission can abandon the application.
- Biometrics (fingerprints and photo).
- The interview, where an officer reviews the application and, in marriage cases, the relationship. See preparing for your green card interview in NYC.
- The decision and the card. If the marriage was less than two years old when residence was granted, the card is conditional, and the couple must file Form I-751 during the 90 days before the second anniversary of the card.
What slows cases down
- Missing documents, translations or tax records, which lead to requests for evidence
- Past immigration violations, prior removal orders or unlawful presence
- Arrests or convictions, even old or minor ones. See crimmigration.
- Inconsistent answers between forms, interviews and earlier applications
- Long USCIS backlogs. When a case sits far beyond normal processing times, a federal writ of mandamus lawsuit can push the agency to decide. Read how one family's decade-long wait ended.
If the application is denied
Depending on the case, options can include a motion to reopen or reconsider, a new filing that fixes the problem, or defending the application before an immigration judge if removal proceedings begin. See deportation defense.
After the green card
Permanent residents can generally apply for U.S. citizenship after five years, or after three years if they have been married to and living with a U.S. citizen for that time. See citizenship and naturalization.
Frequently asked questions
What is the difference between adjustment of status and consular processing?
Adjustment of status is the green card process for people already in the United States, filed with USCIS. Consular processing is for people abroad, or who will travel abroad, and ends with an interview at a U.S. embassy or consulate.
Can I work while my green card application is pending?
Usually yes. Applicants who file Form I-485 can request a work permit on Form I-765 and work once it is approved.
Can I travel while my case is pending?
Only with care. Leaving the United States without advance parole can abandon a pending green card application, and travel can trigger unlawful presence bars for some people. Speak with a lawyer before any trip.
How long does the green card process take?
It depends on the category, the local USCIS office and the visa bulletin. Immediate relative cases often take many months; some preference categories take years. When a case is stuck well beyond normal times, a mandamus lawsuit may help.
I married a U.S. citizen. Can I apply even though my visa expired?
Often yes, if you entered the United States lawfully. Spouses of U.S. citizens are immediate relatives, and an overstay alone usually does not prevent adjustment of status. An entry without inspection is different and needs individual advice.