An Overview of the Green Card Application Process

Eligible foreign nationals can apply for a green card. There are several ways you can obtain a green card - through family, employment, making large investments or by qualifying in a number of other ways aimed to reach out to special groups of immigrants.

Application

Generally, the petition for a green card must be filed on I-130 for family based green card and on I-140 for employment based green card. The petition must be filed by the US citizen or lawful permanent resident if you are applying for a family based green card. If you are applying for an employment based green card, the petition must be filed by your US based employer. Certain highly qualified alien employees can self petition for an employment based green card. An alien entrepreneur from any country who invest at least one million dollars in a new business and employs at least 10 American citizens or lawful permanent residents is eligible for a green card under the EB5 visa. There is also a green card lottery program wherein if you are eligible, you can participate in the lottery program and if you win, you will be awarded a green card.

Submission

The petition on Form I-130 (family based) or Form I-140 (employment based) must be to the USCIS office having jurisdiction over your place of (intended) residence in the US along with the documentary evidence of your eligibility as well as your sponsoring relative or employer’s eligibility. You must also pay the necessary fees by check or money order:

• I-130   -   $355
• I-140   -   $470

US citizens residing in Canada can send the form to the Vermont USCIS center. US citizens residing in Canada (except Quebec Province) and in other countries petitioning for their spouse, children or parent(s) can also file at the nearest U.S. Embassy or consulate.

Processing

The time taken to process your petition will depend on the backlog with the USCIS. The number of green cards issued in each category is limited. So you may have to wait for more than a year to receive your green card. Green cards are issued in the chronological order of the priority date. Your priority date is the date on which the USCIS receives your petition. If your petition is an employment based petition and requires labor certification from the Department of Labor, then your priority date is the date on which the Department of Labor received the application for labor certification from your employer. You will be notified in writing about the decision on your petition. If your petition is approved, you must regularly check the USCIS website to know when your priority date becomes current. When your priority date becomes current, if you are in the US, you can apply for change of status. If you are outside the US, you must apply for an immigrant visa at the US Embassy or Consulate having jurisdiction over your place of residence. You must undergo a medical examination before your green card is issued. Your green card can be denied if you fail your medical examination.

Talk to a US Immigration Lawyer

If you want to file a petition for green card, consult with an experienced US immigration attorney. The attorney can advise you on the required documentation and assist you with the entire green card application process.