The journey from obtaining an Employment Authorization Document (EAD) to receiving a U.S. Green Card is a crucial path for many immigrants who wish to live and work permanently in the United States. Understanding the timeline and steps involved in this process can be confusing for applicants, especially when it comes to the question of how long it takes after receiving an EAD to finally secure a Green Card. In this article, we will take a detailed look at the process, from applying for your EAD to obtaining your Green Card, providing you with clarity on the steps involved, typical timelines, and common challenges that applicants may face.
What Is an EAD?
Before we dive into the timeline between an EAD and a Green Card, it is essential to understand what an EAD is and why it is a crucial step for certain immigrant groups. The Employment Authorization Document (EAD), also known as a work permit, is an official document issued by U.S. Citizenship and Immigration Services (USCIS) that authorizes a foreign national to work legally in the United States.
Typically, individuals who are in the U.S. on certain visa categories, such as those applying for adjustment of status (Green Card), asylum seekers, and those with pending employment-based petitions, are eligible for an EAD. The EAD is not the same as a Green Card, but it allows individuals to work while they wait for their Green Card application to be processed.
The Path from EAD to Green Card
Receiving an EAD is often a step in the process of adjusting your status to that of a lawful permanent resident (Green Card holder). However, the timeline for receiving your Green Card after obtaining an EAD can vary widely based on several factors, including your immigration status, the type of Green Card application you are filing, and your individual circumstances.
Let’s break down the process step by step:
Step 1: Applying for Adjustment of Status (Form I-485)
If you are in the U.S. and wish to adjust your status to a lawful permanent resident (Green Card holder), the first step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the central document in the Green Card application process. Depending on your specific situation, you may be eligible to file this form while you are in the U.S., or you may need to apply for an immigrant visa at a U.S. consulate abroad.
Once Form I-485 is filed, your case will be processed by USCIS. If you are eligible to file for adjustment of status while in the U.S., you may be able to apply for an EAD at the same time. This is common for those who are waiting for a visa number to become available or who are in the process of applying for a family-based or employment-based Green Card.
Step 2: Receiving Your EAD
Once your Form I-485 is filed, you can apply for an EAD using Form I-765. The EAD allows you to work legally in the U.S. while you await the adjudication of your Green Card application. In most cases, applicants will receive their EAD within 3 to 6 months after filing the I-765 application, though this can vary depending on your specific circumstances and USCIS processing times.
While the EAD allows you to work, it does not grant you permanent resident status. The EAD is only a temporary measure to allow you to work legally in the U.S. while your Green Card application is pending.
Step 3: Wait for Your Green Card Interview or Approval
After receiving your EAD, the next step in the process is typically a wait for the USCIS to schedule an interview or approve your Green Card application. While some applicants may be required to attend an interview, others may have their Green Card approved without one.
The waiting period between receiving your EAD and being scheduled for an interview or approval depends on several factors, such as:
Priority date: The priority date refers to the date your petition was filed. For certain visa categories, such as family-based or employment-based Green Cards, there may be a waiting period for a visa number to become available. Applicants from countries with high demand for U.S. Green Cards may face longer waiting times.
Visa Bulletin: The U.S. Department of State issues a Visa Bulletin every month, which shows the availability of visa numbers based on the applicant’s priority date and country of origin. When your priority date becomes current, your Green Card application will be processed more quickly.
Case-specific issues: USCIS may request additional evidence, conduct background checks, or investigate your case further, all of which can delay the process.
On average, the entire process of receiving your Green Card after obtaining an EAD can take anywhere from 8 months to several years, depending on your category and priority date.
Step 4: Interview (If Required)
For many applicants, USCIS will schedule an interview to determine whether you are eligible for a Green Card. This interview may focus on your background, your immigration history, and your relationship with a U.S. citizen or lawful permanent resident (if applicable). The officer will also verify the information in your application to ensure you are not inadmissible under U.S. immigration law.
If your application is based on employment, the interview will usually focus on your job offer and your qualifications. For family-based Green Cards, USCIS will closely examine the relationship between you and your sponsor (spouse, parent, child, etc.).
The timing of your interview will depend on the availability of interview slots and the overall caseload of USCIS. In general, you can expect an interview to be scheduled within 6 months to 1 year after receiving your EAD.
Step 5: Final Decision
Once your interview (if required) is complete, USCIS will issue a decision on your Green Card application. This decision could result in the following outcomes:
Approval: If everything goes smoothly, your Green Card will be approved, and you will receive your permanent resident card.
Request for Additional Evidence (RFE): If USCIS needs more information to process your application, you may receive an RFE. This could add additional time to the process.
Denial: In rare cases, your Green Card application may be denied, in which case you will be given the opportunity to appeal or file a motion to reopen your case.
On average, applicants can expect to receive a final decision within 6 months to 1 year after the interview. However, delays are not uncommon, and it is essential to remain patient throughout the process.
How Long After EAD Will I Get My Green Card?
The timeline between receiving an EAD and obtaining a Green Card varies significantly. However, the general estimate for most applicants is:
Family-based Green Card applicants: If your priority date is current and you are not subject to any delays, the process may take around 1 to 2 years from the time you receive your EAD to receive your Green Card.
Employment-based Green Card applicants: For those applying based on employment, especially those from countries with high demand (e.g., India and China), the process may take anywhere from 1 to 5 years, depending on your priority date and category.
Asylum-based Green Card applicants: If you are applying for a Green Card based on asylum status, the process may take several years, depending on the complexity of your case and USCIS processing times.
What Can Delay the Green Card Process?
Several factors can delay the time it takes to go from receiving an EAD to obtaining a Green Card. Some common delays include:
Priority date backlogs: If your priority date is not current, you will have to wait for a visa number to become available before USCIS can process your Green Card application.
Security checks or background investigations: USCIS may conduct additional security checks, particularly for applicants from certain countries or with complex immigration histories.
Request for Additional Evidence (RFE): If USCIS requires more information to make a decision on your case, this can delay your application.
Changes in immigration law or policy: Changes to U.S. immigration laws or policies can also impact processing times, especially for individuals from countries with high demand for Green Cards.
Conclusion
The time it takes from receiving your EAD to obtaining your Green Card can vary greatly based on numerous factors, including your immigration category, country of origin, priority date, and USCIS processing times. On average, it may take anywhere from 1 to 5 years, but it’s essential to be patient and prepared for possible delays.
If you are navigating this process, it is always a good idea to consult with an experienced immigration lawyer who can help you understand the specific steps and timelines related to your case. The road to a Green Card can be long, but with the right guidance, you can make the process as smooth and efficient as possible.
Related topics:
- How Do I Get a Green Card?
- How Do I Know My Green Card Status?
- How Much Investment Is Required for a U.S. Green Card?
