For such a small piece of paper and plastic, the U.S. Green Card is immensely treasured and sought after around the world. This article covers the basics of requesting a United States Green Card as well as the alternative, which is applying for a Visa from outside the U.S. You will learn:
Your path to residency and a U.S. Green Card starts with Form I-485, or the Application to Register Permanent Residence or Adjust Status.
This form can be used by someone in the United States to apply for lawful permanent resident status (i.e., the โgreen cardโ). It is often called an application for adjustment of status or even just an adjustment application. But not just anyone can use it.
To apply for a green card, you need a valid foundation to file the I-485 application. This foundation is typically a petition, such as an I-130 immigrant petition for family members or an I-140 employment-based immigrant petition. You then have to actually be physically present in the U.S. to file an I-485 application.
Not everyone with a valid foundation for asking for permanent residency and physically present in the U.S. is eligible to apply for a green card. However, if you are in the U.S. and meet the eligibility guidelines, applying for a green card while staying in the U.S. is a strong option to consider.
A key factor in determining your eligibility to apply for a green card while in the U.S. is whether you entered the country with inspection and admission at a U.S. port of entry.
If you didnโt enter the U.S. this way (often called entry without inspection), you are often ineligible to apply for a green card within the U.S. and may need to leave the country to apply for an immigrant visa, which would allow you to return with green card status.
Other factors might also prevent you from filing for a green card within the U.S. This is why it is crucial to consult with an attorney before and during the application process.
For many, filing for a green card in the U.S. is preferable as it is less disruptive to the life they already have in the U.S. This option avoids having to leave the U.S. to face uncertain and often lengthy wait times for an immigrant visa at a U.S. consulate abroad.
If you are in the U.S. and eligible to apply for a green card, once you file the application, you will have to wait for processing while staying in the U.S. Leaving the U.S. is considered an abandonment of the pending green card application. You can ask for a temporary work permission document while waiting for your green card application processing. In some cases you can ask for a temporary travel permission document while waiting for processing.
While you may face lengthy processing time for your green card application, you are still in the U.S. and can thus continue to live your life here without the uncertainty of waiting for consular processing.
The wait times for immigrant visa processing at a U.S. consulate outside the U.S. vary a lot from one consulate to another and over time.
Factors that affect wait times include how long it takes an applicant to turn in a complete application package to the electronic processing portal run by the U.S. State Department, whether a visa applicant is in an application category that has backlogs, so they are stuck in waiting periods, and the caseload at the applicantโs consulate at the time they are ready for processing.
It is not possible to exactly predict consular processing timelines. However, your immigration lawyer can ensure you avoid mistakes that might add delays, or help you with the alternative of applying from within the U.S. if you are eligible to do so.
For more information on Obtaining A Green Card From Within The U.S., an initial consultation is your next best step. Get the information and legal answers you are seeking by callingย Existing Clients atย (612) 987-4803ย or New Clients atย (612) 662-6582 today.