Getting a green card, which grants permanent residency in the United States, can be a long and complicated process. There are several factors that determine how straightforward or challenging it will be for an individual to obtain a green card.
Eligibility Requirements
The first major consideration is whether you meet the eligibility requirements for a green card. There are several paths to getting a green card, each with their own criteria:
- Green card through family – You must have a qualifying relative who is a U.S. citizen or permanent resident to sponsor you.
- Green card through employment – Your employer must sponsor you and prove there are no qualified U.S. workers available for the job.
- Green card through investment – You must invest substantial money in a U.S. business.
- Green card through diversity lottery – You must be selected in the annual diversity visa lottery.
- Green card through refugee or asylee status – You must establish refugee or asylee status first.
If you don’t meet the requirements for any of these paths, it will be very difficult if not impossible to get a green card.
Application Process
Assuming you are eligible, the next consideration is navigating the application process itself. There are many forms and documents required by U.S. Citizenship and Immigration Services (USCIS). Gathering all the necessary paperwork can take a significant amount of time and effort.
Some key steps in the green card application process include:
- Filing Form I-130 or I-140 – The core application that establishes your eligibility basis
- Submitting supporting documents – Birth certificates, police certificates, financial records, etc.
- Attending biometrics appointment – Fingerprints and photos taken at authorized site
- Completing medical exam – By an approved civil surgeon
- Interview at local USCIS office – Face-to-face interview is required
Assembling a complete and accurate application package is essential. Any mistakes or missing information can delay the process or lead to denial.
Application Backlogs
Perhaps the biggest factor affecting green card wait times is how long it takes USCIS to process applications. Current application backlogs can add months or even years to the process.
Here are the latest USCIS processing times for some common green card applications:
| Application Type | Average Processing Time |
|---|---|
| Family-based green card (F2A preference) | 12-32 months |
| Employment-based green card (EB2 preference) | 2-10 years |
| Remove conditions on residence (Form I-751) | 12-16 months |
As you can see, even straightforward green card applications can take well over a year to process due to backlogs.
Country of Origin
Your country of origin is another factor that influences green card wait times. Applicants from countries with high immigration rates to the U.S. often have longer waits.
For example, applicants from India and China applying through employment have estimated wait times of 10-15+ years due to per-country limits on green cards issued each year. Applicants from other countries face much shorter waits.
Application Strength
The strength of your actual green card application can also impact how quickly it is approved. Strong applications have:
- Clear eligibility
- All required documents and thorough details
- Proof of financial stability
- No major red flags or potential ineligibilities
Weak or deficient applications take longer to verify and process. Missing documents or information will delay the application until the issues are fixed.
Attorney vs. DIY Application
Deciding between submitting a DIY green card application or using an immigration attorney is another consideration. Attorneys are able to:
- Identify the fastest green card path for your situation
- Avoid mistakes completing forms and paperwork
- Follow-up and communicate with USCIS on your behalf
- Appeal if the application is denied
However, attorneys also charge significant legal fees. DIY applications cost far less but have higher risks of errors and delays.
Conclusion
In summary, green card application processes can range from straightforward to extremely lengthy and difficult depending on your personal situation. Factors like eligibility requirements, processing backlogs, country of origin, and application strength all impact how hard it will be to get approved for permanent U.S. residence. Using an experienced immigration attorney can streamline the process and maximize your chances of success.