Permanent Residence (United States) - Application Process

Application Process

An immigrant usually has to go through a three-step process to get permanent residency. The whole process may take several years, depending on the type of immigrant category and the country of birth. An applicant (alien) in the United States can obtain two permits while the case is pending after a certain stage is passed in green card processing (filing of I-485). The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H-1B visa.

1. Immigrant petition – in the first step, USCIS approves the immigrant petition by a qualifying relative, an employer, or in rare cases, such as with an investor visa, the applicant himself. If a sibling is applying, she or he must have the same parents as the applicant.
2. Immigrant visa availability – in the second step, unless the applicant is an "immediate relative", an immigrant visa number through the National Visa Center (NVC) of the United States Department of State (DOS) must be available. A visa number might not be immediately available even if the USCIS approves the petition, because the number of immigrant visa numbers is limited every year by quotas set in the Immigration and Nationality Act (INA). There are also certain additional limitations by country of birth. Thus, most immigrants will be placed on lengthy waiting lists. Those immigrants who are immediate relatives of a U.S. citizen (spouses and children under 21 years of age, and parents of a U.S. citizen who is 21 years of age or older) are not subject to these quotas and may proceed to the next step immediately (since they qualify for the IR immigrant category).
3. Immigrant visa adjudication – in the third step, when an immigrant visa number becomes available, the applicant must either apply with USCIS to adjust their current status to permanent resident status or apply with the DOS for an immigrant visa at the nearest U.S. consulate before being allowed to come to the United States.
   • Adjustment of status (AOS) – Adjustment of status is submitted to USCIS via form I-485, Application to Register Permanent Residence or Adjust Status. The USCIS conducts a series of background checks (including fingerprinting for FBI criminal background check and name checks) and makes a decision on the application. Once the adjustment of status application is accepted, the alien is allowed to stay in the United States even if the original period of authorized stay on the Form I-94 is expired, but he/she is not allowed to leave the country until the application is approved or rejected. If the alien has to leave the United States during this time, he/she can apply for travel documents at the USCIS with form I-131, also called Advance parole. If there is a potential risk that the applicant's work permit (visa) will expire or become invalid (laid off by the employer and visa sponsor) or the applicant wants to start working in the United States, while he/she is waiting for the decision about his/her application to change status, he/she can file form I-765, to get Employment Authorization Documents (also called EAD) and be able to continue or start working legally in the United States. In some cases, the applicant will be interviewed at a USCIS office, especially if it is a marriage-based adjustment from a K-1 visa, in which case both the husband and wife will be interviewed by the USCIS. If the application is approved, the alien becomes an LPR, and the actual green card is mailed to the alien's last known mailing address.
   • Consular processing – this is an alternative to AOS, but still requires the immigrant visa petition to be completed. If the applicant is outside of the USA (or selects this option instead of AOS), he/she may make an appointment at the U.S. embassy or consulate in his/her home country, where a consular officer adjudicates the case. If the case is approved, an immigrant visa is issued by the U.S. embassy or consulate. The visa entitles the holder to travel to the United States as an immigrant. At the port of entry, the immigrant visa holder is processed for a permanent resident card and receives an I-551 stamp in his/her passport. The permanent resident card is mailed to his/her U.S. address within several weeks.