A green card is a permanent resident card that grants immigrants the right to live permanently In the United States. It is important to those who are aiming at getting U.S. citizenship. Besides providing permanent residency, a green card offers several advantages including the right to work, and social security benefits to foreign nationals. It is also a pathway to citizenship and allows to sponsor certain family members for their green cards.
The process of obtaining a green card is complex; applicants need all the help they can get. Immigration assistance apps such as MyChek can be invaluable, offering essential information and expertly curated checklists with necessary steps to guide you through every step of your application.
In this blog post, you will learn more about how much time it takes to get a green card, and processing time, including green card application forms I-130 and I-485.
Green Card Processing Time
The time required to obtain a green card depends on various factors, such as the type of application you are submitting and the USCIS processing times. For instance, a marriage green card or spousal visa can take between 13.5 and 40 months, meanwhile, employment-based green card application wait time can take an average of 7.5 months.
Understanding the Green Card Process
The process of getting a green card goes through different stages and has different categories. It first starts by determining eligibility.
Green Card Eligibility
Green cards are granted based on various eligibility categories. The main categories include:
Family-Based Green Cards: Such as immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents of U.S. citizens over 21). Or other family members such as siblings, adult children, and their families.
Employment-Based Green Cards: Priority workers with extraordinary ability, outstanding professors/researchers, multinational executives, professionals with advanced degrees or exceptional ability, skilled workers, unskilled workers, and special categories such as religious workers, special immigrant juveniles, etc.
Diversity Visa Lottery: It allows individuals from countries with low immigration rates to the U.S. to enter a lottery for a green card.
Special Immigrant Green Cards: Certain groups, such as refugees, asylees, and victims of human trafficking or crime can apply for a green card.
Other Categories: these include investment, registry, and other special programs.
Filing the Appropriate Petition
This step may vary according to the category the applicant belongs to. Here are the options:
Family-Based: A U.S. citizen or permanent resident relative files Form I-130 Petition for Alien Relative.
Employment-Based: The U.S. employer files Form I-140 Immigrant Petition for Alien Workers.
Diversity Visa Lottery: Applicants enter the lottery through the official U.S. Department of State website and, if selected, follow additional instructions.
Special Immigrant: Specific forms and petitions apply depending on the special category.
Visa Availability
Each category and country has annual limits. Applicants may need to wait for a visa number to become available, especially in oversubscribed categories.
The I-485 Form
Applicants can submit the form if they are already in the U.S. (Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services (USCIS). If they are outside the U.S., they complete consular processing at a U.S. Embassy or Consulate in their home country.
Attend Biometrics Appointment
Applicants will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature.
Attend an Interview (if required)
Some applicants will need to attend an interview with a USCIS officer or at a U.S. consulate.
Receive a Decision
USCIS or the consulate will inform applicants of the decision. If approved, they will receive their green card.
Receive Your Green Card
Upon approval, your green card will be mailed to you.
The process of obtaining a green card involves several steps and varies based on the category of eligibility. It requires careful preparation, documentation, and adherence to immigration laws and procedures. Using an immigration assistance app can help navigate the complexities of the application process by following the guidelines, checklists, and sources.
Step-by-Step Timeline for Green Card Processing
What is Form I-130?
Form I-130 Petition for Alien is a form submitted to the United States Citizenship and Immigration Services by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms.
Filing the I-130 Petition for Alien Form
Filing Form I-130, Petition for Alien Relative, is a critical step in the process of obtaining a green card for a foreign national family member of a U.S. citizen or lawful permanent resident. This form establishes the existence of a qualifying relationship, such as spouse, parent, child, or sibling, and is the first step in helping the family member immigrate to the United States.
The petitioner must provide proof of the relationship and meet certain eligibility requirements. Upon approval of the I-130 petition, the case is forwarded to the National Visa Center or U.S. Citizenship and Immigration Services for further processing, which includes background checks and additional documentation. The ultimate goal of this petition is to reunite families and support the lawful immigration process.
Form I-130 Petition for Alien Processing Time
The approval process can take anywhere from 10 to 14 months for immediate relatives and could take several years for family preference categories, after filing Form I-130, Petition for Alien Relative. This is an approximate assessment.
Two main factors affect the processing time of the I-130 petition for alien processing time:
Where you apply from, because the processing time varies if you are applying from the U.S. or from abroad.
If the applicant is living in the U.S. the form processing may take between 10-23 months. Meanwhile, if the applicant is living abroad the processing of the I-130 will take between 13.5-15 months.
Processing time for I-130 for parents and spouses takes between 10-14 months, and it may be longer in some cases.
Form I-485
It is a form used by applicants in the United States to apply for permanent residence status. This form is the next step in the family-based green card process after submitting the form I-130.
According to the Immigration Services USCIS data, the processing time of an I-485 form for family-based applications is currently 10-23 months. The processing time may vary according to the category of adjustment, and which USCIS field office is processing the application.
The medium of filing: the method applicants use can affect the processing time of the I-485 form. Online applications get processed faster than those sent by mail.
USCIS capacity: The number of applications the USCIS has to process affects the processing time of all applications.
Background checks: the Immigration Services USCIS conducts background checks on all applicants and it takes a while to get this process done.
Request for Evidence (RFE): This can speed up the process as the USCIS may send the applicants a request for evidence if they need more information to finish the application.
The Timeline between I-130 and I-485 Forms
The time between an I-130 and I-485 varies from one case to another. In some cases, applicants can submit these two forms together. In other cases, they have to wait until the I-130 form application is approved, which is usually within 10-to-24-month months of the filing date.
Employment Authorization Document (EAD)
It is a document also known as Form I-766/EAD that proves that its holder is authorized to work in the U.S. for a specific time. To request an EAD, applicants must file Form I-765 to get Employment Authorization.
EAD Processing Time
The U.S. Citizenship and Immigration Services (USCIS) usually takes between 3-6 months to process an I-765 form. Applicants may expect delays due to the huge number of applications lately.
N-600 (Application for Certificate of Citizenship)
The N-600 is an application form used by individuals who are seeking to obtain a Certificate of Citizenship from the United States Citizenship and Immigration Services (USCIS). This certificate is official proof of U.S. citizenship for people who automatically became U.S. citizens through their parents, either at birth or after birth, before the age of 18.
This certificate is an official proof of U.S. citizenship. Individuals who automatically acquired or derived U.S. Citizenship use the N-600 form, also known as the Application for Certificate of Citizenship if:
They were born outside of the U.S. to a U.S. citizen parent or parents, at least one of the parents is a U.S. citizen at the time of the applicant’s birth.
If at least one of the applicant’s parents or one of them became a U.S. citizen while the applicant was still under the age of 18, and was residing in the U.S. under the custody of the U.S. citizen parent or parents.
N-600 Processing Time
The processing time for an N-600 application varies depending on several factors, including the applicant's location and the current workload of USCIS. As of mid-2024, typical processing times can range from 9 to 14 months. However, these timelines are subject to change, so it's advisable to check the USCIS website or contact USCIS directly for the most current information.
Concurrent Filing and Special Cases
I-130 and I-485 concurrent filing processing time: The processing time for concurrent filing of Form I-130 and Form I-485 typically ranges from 10 to 18 months. After submission, applicants usually receive receipt notices within 2-3 weeks, followed by a biometrics appointment within 5-8 weeks. An initial review of the applications takes around 2-4 months. Most applicants will then attend an interview, scheduled between 6-12 months after filing. If approved, the decision and issuance of the Green Card usually occur a few weeks after the interview. Applicants can check their case status online using the USCIS case status tool.
Marriage-Based Green Card
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States as a permanent resident. The process begins with the filing of Form I-130, Petition for Alien Relative, to establish the marital relationship. This is followed by Form I-485, Application to Register Permanent Residence or Adjust Status if the spouse is already in the U.S.
If the spouse is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country. The applicant must prove the legitimacy of the marriage, often requiring evidence such as joint financial documents, photographs, and affidavits from friends and family.
Upon approval, the foreign spouse receives a conditional green card, valid for two years, if the marriage is less than two years old at the time of approval. After two years, the couple must file Form I-751 to remove the conditions and obtain a permanent green card. This pathway helps to ensure that the marriage is genuine and not entered into solely for immigration purposes.
The processing time for a marriage-based green card can vary significantly based on several factors, including the current workload of U.S. Citizenship and Immigration Services (USCIS), the specific circumstances of the couple, and whether the spouse seeking the green card is currently residing in the United States or abroad. On average, it can take anywhere from 10 to 18 months for a marriage-based green card to be processed.
Special Considerations for Marriage-Based Green Cards
Marriage Green Card Processing Time
The processing time for a marriage-based green card depends on whether the spouse seeking the green card is in the U.S. or abroad:
For spouses in the U.S. (Adjustment of Status):
Concurrent filing of I-130 and I-485: 10-18 months.
For spouses abroad (Consular Processing):
I-130 approval: 7-11 months.
NVC processing and consular interview: 3-5 months.
Total: 12-18 months.
Spouse Green Card Processing Time
Similar to the marriage green card processing time, the total duration depends on whether the spouse is in the U.S. or abroad and follows the same general timeline as mentioned above.
Factors Influencing Processing Times
Common delays in green card processing can stem from several factors, including incomplete or inaccurate application forms, missing documentation, and high volumes of applications received by USCIS. Security checks and background investigations can also cause delays, as can the need for additional evidence or clarification from applicants. Policy changes or new regulations can further impact processing times.
The longest wait for a green card varies widely depending on the category and country of origin. Some applicants from countries with high demand, such as India and China, may wait several years, sometimes over a decade, especially for employment-based categories. Family-sponsored categories also experience long waits, particularly for siblings of U.S. citizens or adult children. The longest waits are often for those in categories with yearly caps on the number of visas issued.
USCIS and service centers handle different types of applications, and their workloads can vary significantly. Some centers may have backlogs due to higher volumes of applications or more complex cases, leading to longer processing times. For example, the Texas Service Center may process employment-based green cards, while the California Service Center might handle family-based petitions. Differences in staffing, resources, and efficiency at each center also contribute to varying processing times.
Requests for additional documentation (Requests for Evidence, or RFEs) or the requirement for an interview can significantly prolong the green card process. When USCIS requires more information or clarification, the time taken by applicants to gather and submit this information, coupled with the additional review time by USCIS, extends the processing period. Similarly, scheduling and conducting interviews add further delays, especially if there are backlogs or scheduling conflicts.
FAQS
How long does it take to receive a green card after I-485 approval?
Depending on the applicant’s situation, the time it takes from filing Form I-485 to getting a green card can be anywhere from a few months to a few years. Some factors affecting this process include eligibility to adjust the applicant’s status.
Can you travel while waiting for a green card?
You can travel while waiting for your green card, but it's crucial to have a valid travel document. Your green card application will be terminated if you leave the United States while that application is pending unless you have a valid travel document.
What happens if I-485 is approved?
Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.
Which gets approved first, I-130 or I-485?
I-130 gets approved first as Form I-485 is the second step in the family-based green card process after submitting Form I-130.
Can I travel while my I-485 is pending?
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole.
What is my status while I-485 is pending?
An individual who has filed the I-485 application to adjust his or her status from a non-citizen to a Permanent Resident is considered to be Pending for Permanent Residency (PR Pending or I-485 Pending). This status gives the individual legal status to remain in the U.S. during this pending period.
Tips for a Smooth Green Card Application Process
1-Timely Processing
Applicants can ensure timely processing of their green card applications by submitting their applications as early as possible, ensuring that all forms are filled out accurately. Double-check for any required signatures and ensure they include all necessary supporting documents. Staying informed about current processing times and any changes in immigration policy can also help avoid unnecessary delays.
2-Complete and Accurate Information
Submitting complete and accurate information is vital for a smooth application process. Incomplete or incorrect information can lead to delays, Requests for Evidence (RFEs), or even denial of applications. Applicants should carefully review their application and supporting documents before submission to ensure that everything is accurate and complete. They also might consider seeking help from an immigration attorney if needed.
3-Track of Application Status
The USCIS Case Status Tracker is a useful tool for monitoring the progress of each application. By entering the receipt number, applicants can see updates on their application's status and any actions required on their part. Regularly checking their status helps them stay informed and quickly address any issues or requests from USCIS, helping to keep the process on track.
4-Using the MyChek App
The MyChek app is designed to help applicants stay organized and informed throughout the green card application process. It offers features like reminders and curated checklists for important steps. Using such tools can help keep track of all necessary steps and ensure they don't miss any critical actions, contributing to a smoother and more efficient application process.
The green card processing timeline can be lengthy and varies based on application type and individual circumstances, often taking several months to years. Patience and preparedness are essential throughout this process. Utilizing the MyChek app can greatly assist in managing your green card application by keeping you organized, informed, and on track with important deadlines. As a valuable resource for immigrants, MyChek provides vital immigration advice and support, helping you navigate the complexities of the application process smoothly.
To have a better understanding regarding the number of applications check out these statistics: in 2024, around 34.7 million people have applied for green cards. For context, in 1996, only about 10 million people applied for green cards. The U.S. government has said it will approve around 1.1 million green card applications this year, meaning that 3 out of every 100 applicants will be approved. Everyone else will have to keep waiting or not be approved.
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