Applying For A Green Card

The process of applying for a green card or adjustment to lawful permanent residence in the United States depends on the immigration path chosen by the immigrant. The United States Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security, coordinates the issuance of lawful permanent residency and visas for foreign nationals. The USCIS offers two basic paths to lawful permanent residence, immigration through family and immigration through employment. For immigration through employment, an eligible foreign national must be sponsored by a U.S. employer. The employer first files a labor certification request, Form ETA 750, with the Employment and Training Administration of the Department of Labor. Once the employer receives certification, he submits it with Form I-140, Petition for Alien Worker, to USCIS in order to secure the immigration visa. For immigration through family, the foreign national must be sponsored by a family member who is a U.S. citizen or lawful permanent resident. The immigration visa is coordinated through USCIS upon submission of Form I-130, Petition for Alien Relative. The immigration through family process is biased based on a preference system for the assignment of visa numbers which is based on the sponsor's citizenship and the type of relationship that the sponsor and the foreign national share.

Fast Facts

  • For immigrants already in the U.S. applying for lawful permanent residence because of immigration through family, the foreign national may adjust his visa status once a visa number becomes available by submitting Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS.
  • Immediate relatives of U.S. citizens, including parents, spouses and unmarried children under the age of 21, do not have to wait through the preference system for a visa number to become available. For immediate relatives to U.S. citizens, an immigrant visa number becomes immediately available.
  • Another avenue to lawful permanent residence in the United States is the Diversity Lottery which grants lawful permanent residence to a limited number of immigrants who come from countries with low rates of immigration to the U.S.

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