The filing of a U.S. Green Card or formally referred
to as Permanent Resident Card is a significant step to any individual who
dreams of having a lifetime of residing and working in the U.S. Although the
process might seem daunting initially, the working of each stage presents a
much less daunting view when one learns how each stage works. The application
process varies based on whether you are already within the U.S. or you are
outside of the country. However, the overall framework is similar in most
groups.
Step
One: The Petition to Immigrate
The Green card process starts with the immigrant
petition which proves that you are eligible in a certain category.
In case of family-based Green Cards, your family
member, a spouse, parent, or sibling, who is a qualifying U.S. citizen or a
lawful permanent resident should file Form I-130 (Petition for Alien relative).
Such a form makes the true family relationship and you are in the queue of
immigration.
In the case of employment based Green Cards, your
employer typically begins the process by filing a Form I-140(Immigrant Petition
for Alien Worker). This is an assurance that you are getting a good job offer
and you are qualified to take the job. However, some of the categories permit
self-petitioning i.e. you may apply without an employer. They consist of EB-1
(Extraordinary Ability), EB-2 National Interest Waiver (NIW) and EB-5 Investor.
You get a priority date once the petition has been
approved and this is your line.
Step
Two: Visa Availability Waiting
Once the petition has been filed, the applicants have
to wait until they have been assigned with a visa number. The government of the
U.S. imposes a research of the number of Green Cards that is released annually,
and country-specific quotas also exist, so applicants included in high-demand nations
may have to wait longer.
The Visa Bulletin provided by the U.S. Department of
State on a monthly basis displays the current priority date that can be
processed. You are ready to go through the final application stage in case your
priority date is current. This wait does not have to be long in some categories
but in other categories, such as family preference categories, it may take
several years.
Step
Three: Moving to the Green Card
After obtaining a visa, the last process of applying is
determined by your location.
In case you are located within the United States, you
apply under the Adjustment of Status by submitting Form I-485 to U.S.
Citizenship and Immigration Services (USCIS). This will enable you to transform
your immigrant status in-country.
When you are in abroad, you submit Consular
Processing, just by filling Form DS-260 online and attending an interview in a
U.S. embassy or consulate in your country. This is the typical path used by
candidates who are seeking employment internationally.
Step
Four: Interview and Supporting Procedures
Upon completing the final application, there are a few
tasks of significance. All applicants must attend a biometrics appointment
where they are photographed and their fingerprints are captured under the
background and security checks. A physical check-up with a doctor who is
approved by USCIS will also be required to make sure you satisfy certain
requirements of your health.
In most cases, an interview is required by the
applicant particularly in family cases in which the officers establish the
validity of connections. There are the employment based applicants who may be
waived without an interview, depending on the category and extent of the case.
Once all approved, the Green Card is given and permanent
resident is provided.
Processing
Times and Current Trends
The time of processing also differs greatly based on
the type of Green Card, the country of origin and the workload of the
government. USCIS has enhanced efficiency in most employment related
applications in recent years, with certain applications under the I-485
receiving their answers in little as 6 months. There are still longer waiting
times in the family preference categories and some countries because they have
annual limits.
To be informed, the applicants are recommended to
visit the official updates about USCIS frequently and Visa Bulletin
The
process of Green Card Selection
The U.S. does not operate most types of Green Card
programs on a points-based system, as most countries (such as Canada or
Australia) do. No actual score in terms of age, language capacity or education.
Rather, it is based on whether they qualify or not and whether or not there are
visas.
Applications are typically done depending on priority
dates i.e. those who have applied earlier are given priority. Diversity Visa
(DV) Lottery is different in that it is a lottery of eligible entries and
qualifications are unrelated to eligibility.
In some of the categories based on employment such as
EB-2 and EB-3, the employers have to complete a PERM Labor Certification, which
establishes that no U.S. worker is qualified to work in the position. This
action is aimed at safeguarding the domestic labor market and it is usually the
most time consuming aspect of the process.
Conclusion
The U.S. green card application is an organized,
rule-based and very competitive process. It is also time consuming and should
be done very well but with the knowledge of every step, the applicants will not
make errors nor will they waste time. It is important to keep abreast of the
application process and follow the advice of the government whether one is
applying through the family, employment or special programs.
To everyone thinking of making a long-term move to the
US, the Green Card is not only a legal paper-trail, but a ticket to a stable,
long-term future, opportunity and a confidently constructed future.
Official
U.S. Government Green Card Links
USCIS: https://www.uscis.gov/green-card
How to apply for a Green Card
(Step-by-Step Guide): https://www.uscis.gov/green-card/how-to-apply-for-a-green-card
Form I-485 – Adjustment of Status: https://www.uscis.gov/i-485
Green Card Processes & Procedures: https://www.uscis.gov/green-card/green-card-processes-and-procedures
USCIS Online Filing Portal: https://www.uscis.gov/file-online
