Applying for a US green card - What you need to know

The allure of obtaining a US green card and its benefits attract millions per year—but few are issued each 12 months. With overwhelming demand according to 2023 data, the first step to a green card needs to be knowing how to submit the most competitive, competent application possible.

You likely know that submitting a green card application can lead to permanent residency, the ability to work, and the pathway to citizenship—this coveted permanent residency status is known as a green card. In this article, we’ll focus on the what you need to know about obtaining the ability to live and work permanently in the US. Visit our blog on nonimmigrant visas for more on temporary residency permissions.

Diving into the reason you’re here, below is a list of the bare minimum you need to gather and do, in order to apply for a US green card.

Basic eligibility criteria for a US green card

• Clean criminal background and immigration history
• Passing a medical checkup and current vaccines
• Generally, having an approved employment-based or family-based green card petition

More criteria apply that are specific to different types of green card, as follows.

Types of US green cards

Getting a US green card is a long process and it can be confusing to figure out which type of green card is right for you, to know where to start. We broke down the main types of green cards, focusing on those based on family connections, employment, and a handful of other unique situations.

• Family-based green cards: Family-based green cards are among the most common ways to gain US residency. These are generally split into two groups: immediate relatives and family preference categories.
  • Immediate relatives: These green cards are for the closest family members of US citizens, including spouses, unmarried children under 21, and parents. Since there’s no limit on the number of green cards given out in this category each year, it’s often the quickest way to get a green card.
  • Family preference categories: These are for more distant relatives, including siblings and married children of US citizens, or certain relatives of permanent residents. This category is divided into four preference levels, each with a specific number of green cards available annually.
    • First preference (F1) are unmarried sons and daughters of US citizens who are over 21 years of age.
    • Second preference (F2A) are spouses and children of lawful permanent residents, who are unmarried and under 21 years of age.
    • Second preference (F2B) refers to unmarried sons and daughters who are over 21 years of age.
    • Third preference (F3) are married sons and daughters of US citizens.
    • Fourth preference (F4) are the brothers and sisters of US citizens and are over 21 years old. To figure out where you stand, you’ll need to check the Visa Bulletin, which is updated every month.
• Employment-based green cards: If you’re looking to stay in the US through your business, investment, or profession, employment-based green cards are your best bet. These are split into several preference categories, depending on the type of job or level of expertise you have.
  • EB-1: 40,000 EB-1 US visas can be emitted per year, and any left over will roll over into the EB-2 quota. This is for people with extraordinary skills, like top scientists, artists, or business executives (EB-1A). It’s also open to outstanding professors and researchers (EB-1B), as well as certain high-level managers from multinational companies (EB-1C). This category is prioritized, so it rarely has a backlog for most countries.
  • EB-2: 40,000 EB-1 US visas can be emitted per year, and any left over will roll over into the EB-3 quota. Professionals with advanced degrees or exceptional abilities can apply under this category. It also includes the National Interest Waiver, which lets you skip the usual job offer and labor certification if your work benefits the US and you’re skilled in what the job requires.
  • EB-3: 40,000 EB-1 US visas can be emitted per year, and any left over will roll over into the EB-4 quota. This category covers skilled workers, professionals, and other workers. Since it’s a broader category, it typically has longer waiting periods compared to EB-1 and EB-2.
  • EB-4: 10,000 EB-1 US visas can be emitted per year, and any left over will roll over into the EB-5 quota. Special immigrants, like religious workers or employees of foreign service posts, fall into this category.
  • EB-5: 10,000 EB-1 US visas can be emitted per year. If you’ve got the funds to invest in a new US business and create jobs, the EB-5 category might be for you. It’s designed for investors who can make a significant impact on the US economy, by investing at least $800,000 into an existing or new business.
• Diversity lottery green cards: The Diversity Visa (DV) Lottery, or Green Card Lottery, is a unique program aimed at increasing the diversity of immigrants in the US Each year, 50,000 diversity visas are awarded to individuals from countries with low immigration rates to the UUS
  • Eligibility Requirements: To qualify, you need to be from an eligible country and meet certain education or work experience criteria. Some countries are excluded from the program each year, based on their immigration numbers.
  • Application Process: The application process is online, and you need to submit your entry during the specified registration period which is usually in October. Winners are picked randomly, but winning the lottery doesn’t automatically mean you’ll get a green card. You still have to meet all the eligibility criteria and complete the application process before the fiscal year ends in September.
• Other categories: Beyond the common family-based and employment-based green cards, there are a few other categories for special situations:
  • Refugees and asylum S¿seekers: If you’ve been granted asylum or refugee status in the US, you can apply for a green card after one year. This path offers protection to those escaping persecution in their home countries.
  • Special Immigrant Juveniles (SIJ): This category is for children in the US who have been abused, abandoned, or neglected and need protection.
  • U Visa and T visa holders: If you’re a victim of certain crimes or human trafficking and have helped law enforcement, you might be eligible for a green card after living in the US for a while.
  • Other special cases: There are also green cards for long-term residents, certain Cuban citizens, and individuals who qualify under specific legal provisions.

Getting a green card is a big deal, but knowing which type is right for you makes the process smoother. Whether you’re relying on family ties, a job offer, or a unique circumstance, there’s likely a path that fits your situation. Keep these categories in mind as you plan your journey toward permanent residency in the US.

Application process

Here’s an overview of the steps you’ll need to follow to apply for a US green card. Note that these petitions are particularly difficult to file successfully without a lawyer or immigration technology.

• Determine your eligibility:
  • Identify the correct green card category (family-based, employment-based, etc.) for your situation using the list above and an assessment tool.
  • Conduct a personalized analysis with an experienced legal team to verify your eligibility and understand the US visa process.
• File the visa petition:
  • Form I-130 and required documentation to prove your family ties for family-based petition.
  • Form I-140 and specific documentation required for your selected employment-based petition.
  • Form I-526 and required documentation for your investment-based petition.
  • Obtain your priority date to track your place in line for a visa.

• File your green card application:

  • Once you receive approval for your visa petition and your priority date is current, you can then apply for your green card. Your spouse and children under 21 can also apply for their green card at this point. There are 2 paths to obtaining your green card: Consular processing and adjustment of status.
  • Adjustment of status: This is only available for those who are already living in the US with a valid visa status. Note that you won’t be able to leave the US from the moment you submit your application until you get your green card (except for candidates under H-1B, L-1, or their dependents). You can also file for a travel document that will enable you to travel even before getting your green card.
    • Fill out a Form I-485.
    • Fill in your personal information, immigration history, and employment details.
    • Include required supporting documents, which will include your birth certificate, passport photos, and proof of lawful entry, among other documents.
  • Consular processing: This is for visa applicants who are outside the US.
    • Fill out a DS-260, officially called the “immigrant visa electronic application.”
    • Fill in your personal information, immigration history, and employment details.
    • Include the required supporting documents, which will include your birth certificate, and passport photos, among other documents.
    • Apply at a US consulate or embassy in your home country.

• Interviews and medical examinations: Interviews at the consulate may be required for all applicants. Note that USCIS sometimes waives the interview for adjustment of status processes.

  • Undergo a medical examination:
    • To ensure public health safety, this must be completed by a USCIS-approved civil surgeon.
    • Submit the completed Form I-693 as part of your application.

These are the logistics you’ll need to go through. We’ve kept it as simple as possible to help you prepare for the process. Approach it with patience. Wondering how you can increase your US green card chances?

Tips for a successful green card application

Follow this advice for a smooth US green card application.

1. Organize your documentation well:
   • Keep all your paperwork organized by creating separate folders for each document type (e.g., identification, financial records, forms).
   • Maintain copies of every document you submit, including receipts and notices from USCIS.
   • Double-check that your application is complete before submission. Missing documents can lead to delays or rejections.
2. Deadlines are not flexible:
   • Always adhere to deadlines for submitting forms and responding to requests from USCIS.
   • Keep a close eye on your priority dates, especially if you’re applying under a category with limited visa availability. Missing these deadlines can set back your entire application.
3. It’s worth accessing legal assistance:
   • Identify which green card you’re best suited to, according to your profile, situation and experience with the Visa Match tool.
   • Consult with an immigration attorney before navigating the complex green card process.
   • A US immigration lawyer can help ensure you meet all legal requirements and avoid common pitfalls that could result in delays or denials.
   • They can also offer personalized advice based on your specific situation.
4. Prepare for the interview for consistency:
   • Start by reviewing your entire application to ensure consistency during the interview.
   • Practice answering common questions, such as those about your background, employment, or family ties.
   • Be prepared to demonstrate your eligibility with confidence, bringing any additional documentation that might support your case.

While the process can be challenging, proper preparation and understanding will keep the anxiety at bay, as will knowing what’s happening at every point in the process. That’s achievable with the right US immigration services, lawyers, and technology.

Speak to a team member at Tukki for personalized guidance on your US green card.