Permanent Residency FAQ
What is the first step in obtaining a green card?
The first step in obtaining a green card is determining if you are eligible to obtain a green card. You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States, you must:
- Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
- Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
- Have an immigrant visa immediately available
- Be admissible to the United States
- See below for further details on each requirement.
Can you explain the different ways a person can obtain his/her green card?
Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below.
How can I obtain my green card through a family member? (Family Based)
Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:
- Parents of a U.S. citizen
- Spouses of a U.S. citizen and
- Unmarried children under the age of 21 of a U.S. citizen
Note: U.S. citizens must be at least 21 years old to apply for their parents
The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:
First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children
How can I obtain my green card through a job offer or employment? (Employment Based
If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes.
Most employment petitions require a job offer and require that the employer petition for the worker. Most employers petition for an employee using Form I-140, Petition for Alien Worker. Prior to filing an I-140 with the USCIS, many employers are required to file a labor certification application (ETA 9089), often referred to as “PERM” with the Department of Labor. The worker is not involved in this initial process of obtaining labor certification. Applications filed with the Department of Labor generally take 8-12 months to be adjudicated. If the Department of Labor issues the requested certification, the employer may proceed with the filing of the I-140 with the USCIS on behalf of the worker.
The USCIS has approved the I-140 which my employer filed on my behalf, what happens next?
If You Are Living Outside the United States:
You can become a permanent resident through consular processing when living outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-140 petition when a visa is available.
If You Are Living in the United States:
You can become a permanent resident through adjustment of status when living inside the United States. Once the I-140, Immigrant Petition for Alien Worker, is approved and a visa number is available you can apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident.
How do I determine if a visa is available for me?
A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:
- Your priority date
- The preference category you are immigrating under
- The country the visa will be charged to (usually your country of citizenship)
The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).
First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with USCIS) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.
This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When USCIS officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.
When a visa is available, you may file Form I-485, Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, USCIS will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.
How can I obtain my green card based on Refugee or Asylum Status?
If you were admitted to the United States as a refugee or the qualifying spouse or child of a refugee, you are required to apply for permanent residence (a green card) 1 year after your entry into the United States in this status. If you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence 1 year after the grant of your asylum status.
If you are a refugee, you are required by law to apply for a green card 1 year after being admitted to the United States in refugee status.
If you are an asylee or asylee derivative spouse or child, you are not required to apply for a green card 1 year after being granted asylum or 1 year after being admitted to the United States in asylum status, although it may be in your best interest to do so.
Are there any other ways for me to obtain my green card?
Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card.
A number of special immigrant programs are limited to individuals meeting particular qualifications and/or applying during certain time frames. To learn if you may be eligible for one of these special categories, please contact our office to schedule a consultation with an attorney.
How do I know if I am eligible for admission into the United States?
All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.
There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds USCIS must consider.
In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Form I-601, Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or I-602, Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.
The grounds of inadmissibility are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application (Form I-485) or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.
After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS.
This post is also available in: Spanish