For many the American Dream passes through the impediment of getting a Green Card. In essence, a Green Card is a document that grants the holder the legal status of permanent resident in the US. There are different legal routes to obtain a Green card. The route is determined based on the eligibility of the applicant. In general, you can obtain a Green Card through family based immigration, employment based immigration, green card lottery, or through refugee or asylum status.
Read along to know more about different legal routes, how long does it take to get a green card, and find out which is the best option for you.
Ready to Apply for a Green Card?
Get expert guidance with your application, documents, and filing process.
Get Started TodayFamily Based Route
In practice, one of the most convenient and successful routes to get a green card is through family based immigration.
Eligibility
To be eligible you need a US citizen or legal permanent resident to sponsor you for the green card. There are different applicant categories divided on the basis of preference given by the USCIS for immigration. The categories are divided into immediate relatives and Family Preference Categories.
| Immigration Category | Relationship |
| Immediate Relative | Spouse of a U.S. Citizen, unmarried children under the age of 21 of a U.S. Citizen, Parent of a U.S. Citizen (21+) |
| F1 | Unmarried son or daughter (21+) of a U.S. Citizen |
| F2A | Married Partner or unmarried children under the age of 21 of a Lawful Permanent Resident |
| F2B | Unmarried son or daughter (21+) of a Green Card Holder |
| F3 | Married son or daughter of a U.S. Citizen |
| F4 | Brother or sister of a U.S. Citizen (21+) |
Applying for Family Based Green Card
- The first step comes when the US citizen or green card holder sponsors you. They have to file the Petition for Alien Relative through the Form I-130.
If You are Inside the US
- After approval of Form I-130, you will have to fill the Form I-485 form in case you are within the US jurisdiction.
- A biometrics appointment will be scheduled at the local USCIS centre. After the biometrics, you will have to attend a scheduled interview. At the interview you will have to take English and Civics tests. Passing the test is essential in order to get approval.
If You are Outside the US
- If you are outside the US, then you have to file the Form DS-260. The process involved in the application will be the consular process.
- A biometrics appointment will be scheduled at the US embassy or Consulate. Get your biometrics registered.
- Then an interview will be scheduled.
Employment Based Route
The other major legal pathway to obtain a Green Card is through employment. However, in recent years, policies and procedures for this pathway have been updated and altered. It has become somewhat harder to procure a Green Card through this way as it involves many streamlined steps and higher scrutiny from authorities.
Eligibility
The categories for employment based green card has been divided into the following:
| Category | Eligibility | Requirement |
| EB-1 | Workers with extraordinary capabilities in their field, researchers with internationally recognized bodies or work, and managers with experience in multinational companies. | Documented proof of achievement and internal recognition. No job offer is usually required. l |
| EB-2 | Students with advanced degrees or workers with extensive experience in their field. Individuals who have an H1B visa can also apply under this category. | Typically labor certification and job letter is required. |
| EB-3 | Professionals with specific training in their professional fields. | Labor certification and job letter is required. |
| EB-4 | Special immigrants, religious workers, and people falling in special categories. | Evidence of their eligibility. |
| EB-5 | Foreign individuals who will invest in the US. | Invest $800,000 and above in the US to create jobs for US workers |
Applying for Employment Based Green Card
Follow the steps given below:
- First of all, determine which applicant category you fall in. Documentation and requirements can be different for different categories.
- If you apply under the EB-2 or EB-3 category, then your employer needs to conduct the survey in relation to the prevailing market rates for your position and thereafter advertise the job in the local media and papers. Then they have to obtain PERM labor certification from the Department of Labor.
- The employer then has to file the Form I-140 to the USCIS.
If You are Inside the US
- After the Petition for Alien Worker is approved, you can file the Form I-485 to adjust status legally in the US.
If You are Outside the US
- Consular Processing will be applicable here.
Green Card Lottery
The US government runs a Diversity Immigrant Visa Program each year. To apply you can visit the US Department of State website in the registration period.
Eligibility
To become eligible for the Diversity Visa lottery, you must be from a country with low rates of immigration to the United States. Additionally, you must have either passed high school or had relevant work experience of two years in the last five years.
How to Apply for Green Card
- First of all, gather all the required documents that include a passport or government issued photo identification card.
- Visit the Department of State or official electronic Diversity Visa website. During the registration period, you can find the form to apply. Fill the relevant information and then you can make the submission.
- After your entry has been submitted, you will receive a confirmation number that you can later use to track status.
- The results are usually published the next year on the official Diversity Visa website. You can check with your confirmation number if you were selected.
- If you are selected then you have to file the form DS-260 to obtain the relevant visa.
Fees for Green Card
The fees that you have to pay depends on the legal route you are taking and your eligibility. For instance, for a family based green card, you have to pay the fee for Form I-130, Form I-485, or DS-260.
Given below is the list of fees for forms usually involved in green card applications:
- Fee for the Form I-130 – $625 online | $675 mail
- Fee for the Form I-140 – $675 online | $715 mail
- Fee for the Form I-485 – $1390 online | $1440 mail
- Fee for DS-260 Immigration visa – $325
- USCIS Immigrant Fee – $235
How Long Does it Take to Get a Green Card
The processing time to obtain a Green Card can be different for each applicant. The time range is a huge bracket, taking for some 10 months to 15 years.
In general, the processing time depends on the category of the applicant.
- Immediate Relatives: Immediate Relatives of US citizens usually receive highest priority and thus have the lowest waiting period for approval. This in most part is because they don’t have to wait for the Visa bulletin. On average, it can take ten months to two years to get approval.
- Family Preference Categories: It can take years to get approval. Processing time can also be affected by the home country of the applicant and the backlog at the office or embassy.
- Employment Based: It can take years to get approval. First of all, it can take one to two years only to get PERM labor certification. Then the USCIS processing time on top of that.
How Documitra Can Help You
Whether you have a US citizen family member in the US or a job offer from a company in the US, we can help you obtain a Green Card. We have a team of experts who have helped thousands of applicants around the world with complex documentation, consular and immigration applications.
As you already know, with recent political developments and heightened scrutiny around immigration in the US, it has become more important to get everything right on the first try. That is where we come in. We can help you get it right on the first try.
FAQs
Q. Is a labor certificate required to get a Green Card?
This entirely depends on the immigration pathway you are eligible for. If you are applying for an employment based green card through EB2 or EB3 category, then getting a labor certificate is required by the employer before they can sponsor you for the green card.
Q. Can I apply for a Green card from outside the US?
Yes, if you are eligible to apply for a green card, you can apply from your home country. After your family member or employer sponsors you, the case will be then transferred to the National Visa Center and then to the US embassy or Consulate.
Q. Who can apply for the Green Card Lottery?
To qualify to apply for the Diversity Visa Green Card lottery, you must be from a country with historically lower immigration rates to the US. Additionally, you must also meet the educational and work experience requirements.
