The Green Card is a residence permit which allows you to move permanently to the United States.
What Are the Pathways to Get a Green Card?
There are basically four pathways to get a Green Cards, each one with their separate visas and requirements:
- Through the Diversity lottery program. Every year the US holds a visa lottery for citizens of countries with low immigration rates to the US. If you apply for this lottery and get a diversity visa, then you are on your way to getting a Green Card.
- Through family sponsored immigrant visas. If you have close family in the US such as spouses, children, siblings, or parents of a US citizen or a US permanent resident.
- Through employment sponsored and investor visas. If you have found a job in the United States from your home country. Your employer will pay for the forms and application procedure and will sponsor you to stay in the US.
- Through marriage based visas. Those who have received an IR1 or CR1 visa may apply for a Green Card.
- Additional pathway for those who previously had a Green Card but travelled outside of the US and did not come back for more than one year for reasons beyond their control: Returning resident Green Card.
Do I Qualify to Apply for a Green Card?
To qualify for a Green Card, you must fill the following requirements:
- You must live in a foreign country.
- If you are in the US, you must have a dual intent visa.
- You must not have a criminal past.
- If you were in the US in the past, you must have respected all laws and regulations and not overstayed your visa.
- Prove that you will not be dependent of US governmental welfare program.
Then, depending on the pathway that you have chosen, additional criteria will apply.
How to Apply for a Green Card?
For most Green Card applications, there are a four main steps you must take, as follows:
Step 1: Have a sponsor petition for you
Your sponsor must petition on your behalf – this petition can be from a family member or employer. The form for family-sponsored petitions is Form I-130, Petition for Alien Relatives, while the form for employment-based petitions is Form I-140, Immigrant Petition for Alien Worker. The petition must be filed with the US Citizenship and Immigration Services (USCIS) and the Green Card fee must be paid.
Step 2: Receive the NVC Package
If the petition is approved, NVC will send you a package – USCIS will go through the petition and will decide whether you qualify. If they approve your petition, your documents will go to the National Visa Center (NVC), which will send you a package to your country of residence. The package will contain all instructions and forms which you must fill out for your application. NVC will not send this package until your priority date is current.
Step 3: Apply for a visa at the US embassy
You must apply for the visa at a US Embassy – following the instructions from the NVC package, you will pay all necessary application fees and apply at a US Embassy in your country of residence. You will submit supporting documents as well as have your visa interview.
Step 4: Travel to the US
If your visa is approved, you must travel to the US with your arrival package – if after you have completed all the steps, your visa is approved, the US Embassy will give you an arrival package. You cannot open the arrival package but must bring it with you when you first travel to the US. Only a US immigration official at a port of entry is allowed to open it and decide whether you are allowed to enter the US or not. Remember that even if you have a visa, it does not guarantee that you will be allowed to enter the US. The immigration officials at any US port of entry have the authority to decide.
Once in the US, you must file Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS. This form is the one which will get you the permanent residence card. After USCIS processes your request for one to four weeks, you will get your Green Card in the mail.
How Long Does it Take to Get a Green Card?
It takes 7 to 33 months to process a Green Card application. The Green Card processing time depends on the type of Green Card you are applying for, the location of the processing office and other factors. Here are the processing times depending on the type of the Green Card:
| Green Card type | Processing time |
|---|---|
| Green Card Through Marriage (IR-1) | 10 to 13 months |
| Family Preference Immigrant Visas | 1 to 10 years (based on priority date and yearly caps) |
| Employment-Based Green Card | Varies by category and demand; often 1-2 years, but can be longer |
| Returning Resident Immigrant Visa (SB-1) | Immediate decision upon interview |
| Diversity Visa | Approximately 2 years after initial application |
How to Prove Financial Stability?
If you are not employed in the United States, to prove to the authorities that you have enough income, you need an Affidavit of Support from the sponsor. The Affidavit of Support is a document that shows the US government that the Green Card applicant will not depend on welfare programs. The document states that the applicant receiving Green Card sponsorship is responsible for them financially. So if the applicant does not have any income, they will be financially dependent on the sponsor.
To get the Affidavit of Support document, the sponsor must file Form I-864, Affidavit of Support to USCIS. There are no fees to file the Affidavit of Support to USCIS. But, when USCIS has all the documents and the priority date becomes current, they send them to the National Visa Center (NVC). The NVC processes the documents to determine the applicant’s eligibility. The processing of the Affidavit of Support for the NVC is then $120.
There are at least 6 weeks before the Affidavit of Support is processed.
Can I Travel Abroad as a Green Card Holder?
As a green card holder, you will have a restricted period within which you can remain outside the US. The standard period you can travel abroad is limited to one year. Though the duration of this period depends a lot on whether you intend to become a naturalized citizen or not.
On the other hand, whether you can enter other countries visa-free or not it all depends on your nationality, and the visa policy between your home country and destination country. I.e. if you are planning to visit the Schengen countries in Europe, your nationality will determine whether you will have to apply for a Schengen Visa from the US or not.
What Are the Differences Between Green Card and a US Visa?
Here are some of the main differences between a Green Card and a visa:
| Aspect | Green Card | Visa |
|---|---|---|
| Definition | Permission to stay in the US permanently | Temporary permission to stay in the US |
| Pathway | Can lead to US citizenship | May lead to a green card |
| Form | Issued as a green plastic photo identification card | Issued as a stamp or sticker in the passport |
| Validity | Permanent, but requires renewal every 10 years | Temporary, but can be extended for a limited time |
| Work Rights | Holders are allowed to work | Work is allowed only for specific types of visas |
| Living in the US | Holders should avoid using it as a multiple-entry visa; status can be revoked if they spend extended time abroad | Depending on visa type, holders may have single or multiple entries |
| Employment | Most Green Card holders and visa holders (excluding those on tourist, medical, or training visas) can work in the US. | Similar rules to Green Card holders on work eligibility, depending on visa type |
How to Renew my Green Card?
You should renew your Green Card within 6 months of expiration. You can file the application online or mail it in paper format. To renew your Green Card you must go through four simple steps:
- Complete the Green Card renewal form I-90. When filling the form, you must choose the correct reason why you are applying for renewal of the Green Card. There are 17 listed reasons so you have to choose the correct ones.
- Pay the Green Card renewal fees. The current Green Card renewal fee is $540. The cost is set by USCIS and before you submit your documents, you must pay the Green Card renewal fees listed. The first fee is the Form I-90 fee which is $455 and the biometrics service fee (if applicable) is $85.
- Submit supporting and required documents. When you choose a reason for renewal, the instructions in the Form I-90 will list the documents you have to submit.
- Sign Form I-90 and file it. Follow the instructions of the I-90 to complete the application. Make sure to sign it since USCIS returns or rejects unsigned applications and those filed at incorrect locations.
Can I Stay in the United States with an Expired Green Card?
Yes, you can stay in the United States with an expired Green Card. However, there are certain things that you will not be allowed to do in the US with an expired Green Card, such as:
- Get a new job since all US employers ask for proof of permanent residence or citizenship.
- Get or keep a professional license such as a lawyer’s or a doctor’s license.
- Renew your driver’s license.
- Buy a house with the same conditions as a US citizen.
- Travel out of the US and then re-enter the country again.