Obtaining Lawful Permanent Residence: A Comprehensive Guide

To become a lawful permanent resident of the United States, you must first determine your eligibility. There are many different types of green cards, all with different eligibility requirements. For instance, close relatives of U.S. citizens and current green card holders may apply for family-based green cards of their own. Employment-based green cards are another option, with multiple subcategories of workers eligible to apply.

Once you have determined your eligibility, you must file the necessary petition. Most categories require a qualifying family member or employer to first file a petition on your behalf. For family or employment categories, the sponsor files Form I-130 (Petition for Alien Relative) and for employment-based green cards, file Form I-140 (Immigrant Petition for Alien Worker). Some categories allow you to petition for yourself.

After your petition has been approved, you will need to wait for a visa number to become available. The U.S. Department of State's Visa Bulletin provides visa availability updates. If you are outside the U.S., you will then attend an interview at a U.S. embassy or consulate in your country. Before travelling to the U.S., most individuals must pay the USCIS Immigrant Fee. If you are already in the U.S., you will need to apply to adjust your status, and you will receive your green card after your application is approved.

It is important to note that the process for obtaining a green card can be complex and varies based on the category under which you are applying. It is recommended that you refer to official U.S. government websites for the most up-to-date and accurate information.

Green Card Application Process

The Green Card application process can be approached in different ways, depending on the applicant's circumstances. Here is a detailed, step-by-step guide to the process:

Step 1: Determine Eligibility

Before starting the application process, it is crucial to determine whether you are eligible to apply for a Green Card. U.S. immigration laws provide various categories under which individuals can apply, such as family, employment, or refugee status. Each category has specific requirements that must be met. Therefore, it is essential to review the eligibility requirements for each category and identify which one applies to your situation.

Step 2: Choose the Appropriate Process

If you are already in the United States, you will go through the "adjustment of status" process with USCIS (U.S. Citizenship and Immigration Services). This involves filing Form I-485, "Application to Register Permanent Residence or Adjust Status."

On the other hand, if you are outside the United States, you will go through "consular processing" with the U.S. Department of State. This typically involves first obtaining an immigrant visa and then applying for a Green Card after entering the U.S.

Step 3: File the Necessary Forms

Most Green Card applicants will need to complete at least two forms: an immigrant petition and the Green Card application (Form I-485). The specific forms required will depend on your eligibility category. For example, if you are applying based on family, you may need to file Form I-130, "Petition for Alien Relative." Alternatively, if you are applying based on employment, you will likely need Form I-140, "Immigrant Petition for Alien Worker."

In most cases, someone else must file the immigrant petition on your behalf, often referred to as "sponsoring" or "petitioning" you. However, in certain situations, you may be eligible to file for yourself.

Step 4: Biometrics Appointment

After USCIS approves your immigrant petition and a visa is available in your category, you will need to provide biometrics information. This includes giving your fingerprints, photos, and signature at a designated location.

Step 5: Attend an Interview

As part of the Green Card application process, you will typically be required to attend an interview. This is a chance for immigration officials to review your application, ask you questions, and assess your eligibility.

Step 6: Receive a Decision

After completing the above steps, you will receive a decision on your Green Card application. If approved, you will be granted permanent resident status and receive your Green Card.

It is important to note that the Green Card application process can vary depending on individual circumstances, and there may be additional steps or requirements. The above outline provides a general framework for the process, but specific details may differ based on your situation.

Eligibility Requirements

To be eligible to become a lawful permanent resident of the United States, you must meet the following requirements:

• You must be seeking to live and work in the United States permanently.
• You must fall into one of the eligibility categories for a Green Card, which is officially known as a Permanent Resident Card. These categories include family-based, employment-based, humanitarian, diversity lottery, and longtime-resident Green Cards.
• If you are applying from within the United States, you must submit Form I-485 (Application to Adjust Status). This form is for those who are already in the U.S. on a nonimmigrant visa, have been selected for a diversity visa, or are eligible through family or employment.
• If you are applying from outside the United States, you must submit Form DS-260 (Immigrant Visa Electronic Application). This form is for those seeking an immigrant visa from abroad, either through family, employer sponsorship, or the diversity visa program.
• You must be able to provide evidence of your eligibility, such as proof of your family relationship to a U.S. citizen or permanent resident, employment status, or participation in a humanitarian program.
• You must be willing to undergo a biometrics appointment, where you will provide your fingerprints, photos, and signature.
• You must be prepared to attend an interview with immigration officials.
• You must be aware of the associated costs, which include government filing fees and the cost of a medical examination. For example, the government filing fee for a family-based green card is $3005 for an applicant applying from within the United States and $1340 for an applicant living outside the United States.
• You should be aware of the processing time, which can range from a few months to several years depending on the type of Green Card and your specific circumstances.

Application Forms

The application forms you need to fill out to become a lawful permanent resident of the United States will depend on the specific category and situation under which you are applying. The main form is the Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows eligible applicants to apply for permanent residency without leaving the country.

Form I-485 requires extensive personal information, including biographic details, current immigration status, and details of your eligibility category and any supporting documentation. You will also need to provide information about your residence, employment, and travel history, as well as any periods spent outside the US. Additionally, you will be asked to disclose any criminal history, and any history of immigration violations or other legal issues.

Along with Form I-485, you may also need to submit additional forms, such as Form I-130, Petition for Alien Relative, if your eligibility is based on a family relationship with a US citizen or permanent resident. If your eligibility is based on employment, you may need to submit Form I-140, Immigrant Petition for Alien Workers. Other forms may be required depending on your specific situation, such as Form I-693, Report of Medical Examination and Vaccination Record, or Form I-864, Affidavit of Support.

It is important to carefully review the instructions for each form and gather all the required supporting documentation before submitting your application. The forms must be filled out accurately and completely, and any missing or incorrect information can delay or complicate the processing of your application. You may also be required to submit translations of any documents that are not in English, and these translations must be certified as accurate.

Once you have completed and gathered all the required forms and documentation, you will need to submit them to the appropriate USCIS office, along with the necessary fees. The fees can be found on the USCIS website and may be subject to change, so it is important to review the current fee schedule before submitting your application. You may also be eligible for a fee waiver under certain circumstances, which you can request by filing Form I-912, Request for Fee Waiver.

Biometrics Appointment

To become a lawful permanent resident in the United States, there are several steps you must take. One of the critical steps in this process is attending your biometrics appointment. Here is some detailed information about the biometrics appointment process:

A biometrics appointment is a crucial part of the application process for becoming a lawful permanent resident in the United States. This appointment involves capturing your fingerprints and photograph, which are essential for verifying your identity and conducting security checks. Here are some key instructions and guidelines for the biometrics appointment:

• Biometrics Instruction Letter (BIL): After submitting your application and paying the necessary fees, you will receive a Biometrics Instruction Letter. This letter serves as an official notification to provide your biometrics information. It is important to book your appointment as soon as you receive this letter to avoid delays in your application process.
• Booking an Appointment: You are required to book your biometrics appointment in advance. You can do this through the designated online channels, such as the Service Canada Appointment Booking Tool or the US Citizenship and Immigration Services website, depending on your location. Remember to book your appointment promptly, as you typically have a limited time frame, such as 30 days from receiving your BIL, to provide your biometrics.
• Appointment Preparation: Ensure you arrive at the appointment centre at least 15 minutes early. Bring all the necessary documents, including your Biometrics Instruction Letter, the confirmation email or notification of your appointment, and a valid travel document or passport used in your application.
• Appointment Process: During your appointment, you will be asked to provide your fingerprints and a digital photograph. This process is generally quick and straightforward. However, it is important to note that some medical conditions or injuries on your hands or face may impact your ability to provide fingerprints or a photograph. In such cases, it is advisable to wait until the condition has healed before attending your appointment.
• Biometrics Validity: It is important to be aware of the validity period of your biometrics. For instance, in Canada, biometrics (fingerprints and photos) are typically valid for 10 years. If you have provided biometrics for a previous visitor visa, study permit, or work permit, you do not need to submit them again for future applications within the 10-year validity period. However, for permanent residence applications, you must submit your biometrics each time you apply until you receive approval.
• Fees: There is typically a biometrics fee associated with your appointment. For instance, in Canada, the biometrics fee is CAD $85 per person. Families applying together for a visitor visa may have a maximum biometric fee of up to CAD $170. This fee is usually paid when submitting your application.

Remember to refer to the official government websites for the most up-to-date and accurate information regarding the biometrics appointment process and requirements.

Interview

The interview is a critical part of the process of becoming a lawful permanent resident of the United States. The interview will be conducted by an officer from the U.S. Citizenship and Immigration Services (USCIS) and will be used to assess the authenticity of the applicant's marriage to a U.S. citizen or permanent resident.

Development of Your Romantic Relationship

• Where did you two meet?
• What did you have in common?
• Where did you go for dates?
• When did your relationship turn romantic?
• How long was it before you decided to get married?
• Who proposed to whom, and where?
• Why did you decide to have a long/short engagement?
• Did your parents or friends approve of the match? Why or why not?
• How many people attended your wedding?
• Did your parents attend?
• Where was the wedding held?
• Was there music or other entertainment?
• What kind of cake or other food did you serve?
• Who were the bridesmaids/groomsmen?
• How late did the guests stay?
• Did the bride change clothes for the reception?
• Did you serve alcohol? What kind?
• Did anyone get drunk or embarrass themselves at the reception? Who? Describe.
• What time did you and the bride/groom leave the reception?
• Did you go on a honeymoon? When did you leave? How did you get there?

Regular Routines of Your Life Together

• Who gets up first in the morning? At what time?
• How many alarm clocks do you set in the morning?
• Who makes breakfast?
• What do you each eat for breakfast?
• Does your spouse drink coffee in the morning?
• Who is your spouse's current/past employer? What is the location of their workplace? What is their boss's name?
• How much does your spouse earn per month/year? How often are they paid?
• What time does your spouse arrive home from work?
• Who cleans the house?
• What day is your garbage collected?
• Who takes care of paying the bills?
• Do you have a joint bank account? Where?
• Do you have any pets? Who feeds/walks them?
• Do you attend religious services? Where?
• Where do you keep the spare toilet paper? Who scrubs the toilet?
• Does your spouse take any regular medications?
• What did you do this morning/yesterday/last weekend, etc.?
• Who picks up the children from school?
• Who packs lunches for the kids?
• What are their favourite toys/activities/least favourite foods?
• Which children still use a car seat?
• What is your usual babysitter's name?
• How many times a week do you eat out?
• What is your favourite restaurant for special occasions/weekly outings?
• Who does most of the cooking?
• Who does the grocery shopping? Where?
• Is there a particular food that you eat every week?
• What is your spouse's favourite/least favourite food?
• What colour are the kitchen curtains?
• Do you have a barbecue grill? Do you use it?
• Is your stove gas or electric?

Other Family Members

• Have you met each other's parents?
• How often do you see them? Where do they live?
• When was the last time you saw them? Where? For how long?
• On important holidays, do you buy individual gifts for your parents-in-law? Do they buy gifts for you?
• How do you get along with your parents-in-law?
• How many siblings does your spouse have? What are their names?
• Which other members of your spouse's family do you see frequently? What are their names? When was the last time you saw them? What did you do together?
• How many landline telephones are in your house? Where are they?
• What brand of mobile phone does your spouse have? What's the phone number?
• How many televisions are in the house? In which rooms? Do you watch shows together or separately? Name a show you always watch together.
• Do you subscribe to a DVD rental or streaming service? Which ones?
• What company provides your cable/internet service?
• How many computers/laptops/tablets are in the house? What kind are they?
• Does your spouse listen to the radio? What station?
• What kind of car does your spouse drive?
• What size is your bed?
• Do you have a regular mattress, futon, or waterbed?
• How many windows are in your bedroom?
• What colour are your spouse's pyjamas?
• Who sleeps on each side of the bed?
• What form of contraception do you use?
• When was your wife's last menstrual period?
• When did you last have sex?
• Where do you keep your toothbrushes? What kind of toothpaste, soap, and shampoo do you each use?
• Do either of you read or watch TV before going to sleep? Do you have lamps next to your bed?
• Have you ever had an argument that resulted in one of you sleeping in another room? Who, and which room?

The Rest of the House

• Do you live in a home or an apartment? Who pays the mortgage/rent? How much is it?
• Do you have a garage? Who parks in it? Do you use a garage door opener?
• Is there a carpet in your front hallway? What colour? Is your sofa a regular one or does it have a pull-out bed?
• Have you ever had houseguests sleep over?
• What type of curtains or window coverings are in your living room? What colour?
• How many staircases are in your house?
• How many sinks/toilets/showers are there in total?
• Do you leave any lights on when you go to sleep?
• When is your spouse's birthday?

Frequently asked questions