Obtaining a green card, or lawful permanent residency, is a significant milestone for many immigrants to the United States. A green card allows you to live and work permanently in the country and provides access to many rights and benefits, such as the ability to travel freely in and out of the U.S. While the green card process is highly desirable, many applicants wonder: how long does a green card application take?
The answer to this question is not straightforward because the processing time can vary greatly depending on several factors, including the type of green card you are applying for, your country of origin, and the specific circumstances of your application. This article will walk you through the process of applying for a green card, the factors that influence the timeline, and how long it typically takes for different types of applicants.
What is a Green Card?
A green card is a document issued by U.S. Citizenship and Immigration Services (USCIS) that grants a foreign national lawful permanent residency in the United States. Green card holders, also known as lawful permanent residents (LPRs), are allowed to live and work in the U.S. permanently, as well as access social security benefits, health insurance, and more. The green card serves as evidence of your immigration status, allowing you to travel abroad and return to the U.S. without needing a visa.
Types of Green Card Applications
There are several pathways to obtaining a green card. The type of green card you are applying for will significantly impact the processing time. Some of the most common green card categories include:
Family-Sponsored Green Cards: This category includes applicants who are immediate relatives (spouse, unmarried child, or parent) of U.S. citizens or lawful permanent residents. Processing times can vary based on the family relationship and the applicant’s country of origin.
Employment-Based Green Cards: Individuals who have a job offer from a U.S. employer can apply for a green card through an employer-sponsored process. The type of employment-based green card will depend on the applicant’s qualifications and the job offered.
Diversity Visa (DV) Lottery Green Cards: This program, also known as the “Green Card Lottery,” is available to individuals from countries with low immigration rates to the U.S. Each year, 50,000 visas are distributed randomly to eligible applicants.
Refugee or Asylum-Based Green Cards: People who were granted asylum or refugee status in the U.S. can apply for a green card one year after their approval. This process typically takes longer due to the nature of the applicant’s status.
Other Special Categories: These include green cards for individuals who qualify under the Violence Against Women Act (VAWA), special immigrants (e.g., religious workers), and more.
Each green card category follows its own timeline, and specific rules may apply. Let’s now explore how long the process typically takes for each category.
Green Card Processing Timeline Overview
Generally, the process of obtaining a green card can take anywhere from 6 months to several years. Several factors contribute to the processing time, including the type of application, applicant’s country of origin, and the complexity of the case. Below are the primary stages of the green card application process and their estimated timelines.
1. Petition Filing (Form I-130 or I-140)
The first step in the green card application process involves filing a petition with USCIS. For family-sponsored green cards, the petitioner (a U.S. citizen or permanent resident) must file Form I-130, Petition for Alien Relative, on behalf of the applicant. For employment-based green cards, the employer must file Form I-140, Immigrant Petition for Alien Worker.
Processing time:
Form I-130: 7 to 12 months (family-based)
Form I-140: 6 to 12 months (employment-based)
2. Priority Date and Visa Bulletin
After the petition is approved, applicants must wait for their priority date (the date USCIS receives their petition) to become current according to the U.S. Department of State’s Visa Bulletin. The priority date is especially important for applicants from countries with high demand for green cards, such as India, China, and Mexico. Applicants from these countries may experience a waiting period before they can proceed with the next steps of their application.
Processing time:
This waiting period can range from a few months to several years, depending on the applicant’s country of origin and the green card category.
3. Adjustment of Status (Form I-485)
Once the priority date becomes current, applicants may file for Adjustment of Status (Form I-485) if they are already in the United States. This form allows applicants to change their status from a temporary visa holder to a permanent resident. If the applicant is outside the U.S., they will need to go through consular processing at a U.S. embassy or consulate in their home country.
Processing time:
Form I-485: 8 to 14 months for adjustment of status.
Consular Processing: 6 to 12 months for applicants outside the U.S.
4. Interview and Final Decision
In many cases, applicants are required to attend an interview with USCIS, either in person or via videoconference. The interview allows USCIS officers to ask questions and verify the applicant’s eligibility for a green card. If the interview goes smoothly, USCIS will approve the green card application and issue the green card.
Processing time:
Interview scheduling and decision: 2 to 6 months after filing Form I-485.
Factors That Affect Green Card Processing Times
Several factors can affect the length of time it takes to obtain a green card. Some of the most significant factors include:
1. Type of Green Card
As discussed earlier, the type of green card you are applying for will greatly impact the timeline. Family-based and employment-based green cards have different processing times, and applicants from different countries may face varying waiting periods.
2. Country of Origin
Some countries, especially those with a high volume of immigration to the U.S. (such as India, China, Mexico, and the Philippines), face long wait times due to annual visa caps. For example, applicants from India applying for employment-based green cards may face significant delays, even after their petitions are approved, due to the backlog in the system.
3. USCIS Processing Times
USCIS processing times can fluctuate depending on the volume of applications they receive. Periods of high demand, such as during the filing windows for certain visa categories or after changes in immigration policy, can lead to longer processing times.
4. Additional Documents or Requests for Evidence (RFEs)
If USCIS finds discrepancies or missing documents in your application, they may issue a Request for Evidence (RFE), which could delay the process. Responding to an RFE typically takes several months, depending on how quickly you can gather the necessary documents.
5. Background Checks and Security Clearances
USCIS will conduct background checks and security clearances for each green card applicant, which can take additional time. If there are issues with your background check or if your case is flagged for further review, your application process may be delayed.
Average Green Card Processing Times by Category
Family-Sponsored Green Cards
Immediate Relatives of U.S. Citizens (spouses, parents, children under 21): 6 to 12 months.
Family Preference Categories (siblings, adult children, etc.): 2 to 10 years, depending on the country of origin.
Employment-Based Green Cards
EB-1 (Priority Workers): 6 months to 2 years.
EB-2 (Professionals with Advanced Degrees): 6 months to 3 years.
EB-3 (Skilled Workers, Professionals, and Other Workers): 1 to 5 years.
Diversity Visa (DV) Lottery Green Cards
Typically, the DV lottery process takes about 1 to 2 years, depending on the applicant’s case and the time it takes to process the lottery winners.
Asylum-Based Green Cards
If you’ve been granted asylum, you must wait at least one year before applying for a green card. The processing time after applying can take 6 to 12 months.
Conclusion
The green card application process is complex and can take a significant amount of time. The timeline can vary based on several factors, such as the type of green card, your country of origin, and the specific circumstances of your case. While some green card applications may be processed in a year or less, others can take several years due to high demand and waiting lists.
It’s important to stay informed about the process and work closely with an immigration attorney to ensure that your application is properly filed and that any potential delays are minimized. With patience and the right guidance, you can achieve your goal of becoming a lawful permanent resident of the United States.
Related topics:
- How Much Is a 10-Year Green Card?
- How Much Does Green Card Sponsorship Cost?
- Is an E2 Visa a Green Card?
