Complete Guide to Green Card Processes and Procedures (U.S. Permanent Residency)
Comprehensive guide on U.S. Green Card processes and procedures. In our previous article, we discussed what a Green Card is and who issues it. Now, let’s build on that knowledge and walk you through the essential steps, categories, and legal options involved in obtaining a Green Card—also known as lawful permanent residence in the United States.
Whether you plan to apply on your own or hire an attorney, this guide is designed to empower you with the knowledge you need to make informed decisions.
Why It’s Important to Understand the Process
Before diving into the technical steps, it’s essential to understand why this information matters:
For self-filers: If you’re confident and eligible, you may choose to file your application independently, saving on legal fees.If working with an attorney: The more informed you are, the better positioned you’ll be to understand legal advice, ask smart questions, and avoid being overcharged.Avoiding confusion or delays: Knowing what to expect minimizes mistakes and can reduce your risk of denials or requests for evidence (RFEs).
Now, let’s break down the key segments of the Green Card process.
1. Green Card Eligibility Categories
There are multiple pathways to apply for a Green Card. Each pathway is called a “category,” and it defines who can apply and under what circumstances. The most common eligibility categories include:
- Family-based immigration: Sponsored by a U.S. citizen or lawful permanent resident relative (Form I-130).
- Employment-based immigration: Sponsored by a U.S. employer or self-petition under special categories like EB-1, EB-2, NIW (Form I-140).
- Special immigrant categories: Includes religious workers, Afghan/Iraqi nationals, and more.
- Refugee or asylee status: If you’ve been granted asylum or refugee status, you can apply after 1 year in the U.S.
- Diversity Visa Lottery: Selected applicants from countries with low immigration rates to the U.S.
- Victims of abuse, crime, or trafficking: Includes VAWA self-petitioners, T visas, U visas, etc.
Each category has its own forms, wait times, and requirements. Choosing the right one is crucial to success.
2. Adjustment of Status (AOS)
If you’re already in the United States under a non-immigrant visa (e.g., student visa F-1, work visa H-1B, tourist visa B-2), you may be eligible to apply for a Green Card without leaving the country. This process is called Adjustment of Status (Form I-485).
Who should consider AOS?
- People married to U.S. citizens.
- Certain employment-based visa holders.
- Refugees, asylees, or individuals adjusting under special programs (like TPS or DACA under specific circumstances).
Consular Processing
If you’re outside the U.S. or ineligible for Adjustment of Status, the next option is Consular Processing.
How it works: Your U.S. sponsor submits an immigrant petition (e.g., Form I-130 or I-140). Once approved and a visa becomes available, your case is sent to the National Visa Center (NVC). You complete DS-260 (Immigrant Visa Application) online. You attend an interview at a U.S. embassy or consulate in your home country. If approved, you enter the U.S. as a lawful permanent resident.
When is consular processing required?
- You’re outside the U.S.
- You’re inside the U.S. but overstayed your visa or are ineligible for AOS due to legal complications.
4. Concurrent Filing
Concurrent Filing means submitting your immigrant petition (Form I-130 or I-140) and adjustment application (Form I-485) at the same time.
When is this allowed?
- You must be in the U.S.
- Your priority date must be current according to the Visa Bulletin.
- You must be eligible for Adjustment of Status.
Benefits:
- Faster overall processing time.
- You can apply for a work permit (EAD) and travel authorization immediately.
When not to use concurrent filing:
- If your visa category has a long backlog.
- If you’re unsure about your petition being approved.
5. Visa Availability & Priority Dates
Your ability to apply for a Green Card depends on visa availability. The U.S. limits the number of Green Cards issued each year in most categories, especially family and employment-based cases.
Key concepts:
- Priority Date: The date your petition is filed.
- Visa Bulletin: Published monthly by the U.S. Department of State, it shows when your priority date becomes “current.”
If your priority date is current, you can apply for Adjustment of Status or Consular Processing. Otherwise, you must wait until it becomes current.
Travel Documents (Advance Parole)
If you apply for a Green Card inside the U.S. via AOS, do not leave the U.S. unless you have Advance Parole (Form I-131). If you travel without it, USCIS may consider your application abandoned.
Advance Parole allows:
- Temporary travel outside the U.S.
- Reentry while your Green Card is pending.
Once you receive your Green Card, you can travel freely, but prolonged absences (6+ months) can affect your permanent residency.
7. Employment Authorization Document (EAD)
While your Green Card application is pending, you need an Employment Authorization Document (Form I-765) to legally work in the U.S.
Key benefits:
- Enables you to work for any employer.
- Usually valid for 1–2 years and renewable while the Green Card is pending.
- Often received within 3–6 months after filing.
Without EAD, working is illegal, even if your employer is willing to hire you.
8. Immigration Medical Exam
All Green Card applicants must undergo a medical examination by a USCIS-approved civil surgeon. This exam checks for:
- Communicable diseases.
- Vaccination records.
- Mental and physical health conditions.
Form I-693 must be submitted sealed and signed by the physician. A valid medical exam is typically valid for 2 years if submitted within 60 days of signing.
9. Affidavit of Support (Form I-864)
This document shows that the sponsor (a relative or employer) has sufficient financial resources to support you, preventing you from becoming a public charge.
Requirements:
- Sponsor must be a U.S. citizen or a Green Card holder.
- Sponsor must meet minimum income guidelines based on household size.
- If the sponsor’s income is insufficient, a joint sponsor may be allowed.
10. Public Charge Rule
You must prove that you won’t become a burden to U.S. taxpayers. USCIS evaluates your financial situation, education, skills, and whether you’ve received government benefits like Medicaid, food stamps, or housing assistance.
Documents that help:
- Pay stubs and tax returns.
- Education credentials.
- Job offers.
- Health insurance.
11. Child Status Protection Act (CSPA)
The CSPA helps children under 21 keep their eligibility if immigration delays cause them to “age out” of their category.
It allows some applicants to “freeze” their age at the time of petition filing or approval, depending on the situation.
We’ll cover specific CSPA formulas and examples in a future guide.
12. Transfer of Underlying Basis
If you have multiple approved immigrant petitions, or if your category becomes current in a different petition, you can request USCIS to transfer your Green Card application to a more favorable petition.
For example:
- Switching from EB-3 to EB-2 if the priority date becomes current faster.
- Changing from the family-based to the employment-based category.
This strategy can help reduce waiting times, but it must be handled carefully to avoid delays or denials.
This was a high-level overview of the major components of the Green Card process. In upcoming articles, we’ll explore each topic in-depth—with step-by-step instructions, common mistakes to avoid, and real-life examples.
Stay tuned, stay informed, and take control of your immigration journey.
Thank you for reading, and see you in the next guide!