How to Obtain a Green Card in the U.S.

In general, there are two ways to get a Green Card in the United States. You can either:

  1. Begin Consular Processing, if you live in another country, or
  2. Apply for Adjustment of Status (AOS), if you already live in the United States.

Adjustment of Status vs. Consular Processing

Both adjustment of status (AOS) and consular processing are used to obtain a Green Card. If you are already living in the United States, you should file for AOS. If you are living in another country, you can apply for a visa through consular processing.

Generally, if you are living in another country and have established eligibility for a Green Card (by filing an I-130), consular processing is the next step, which indicates you intend to move to the United States on a semi-permanent or permanent basis. Once you obtain a visa through consular processing, you can legally enter the United States. Once you live in the United States, you can file for adjustment of status. Filing for AOS indicates you desire to live in the U.S. permanently. This process is generally longer and has a higher level of scrutiny.

Obtaining a Green Card through Consular Processing

What is Consular Processing?

This is the process of filing an immigrant visa, then obtaining a Green Card, all while living in another country. In addition to USCIS (the branch of government that approves forms I-130 and I-485), consular processing also involves the Department of State and visas.

What are the Steps for Consular Processing?

  1. Determine if you qualify for a Green Card. This is often done through familial relationships or an employer. For details on employment visas, see our page on obtaining a nonimmigrant visa for employment.
  2. For familial relationships, first you must file form I-130. This form proves your relationship with the person. You can file this form with a USCIS field office, embassy, or consulate abroad.
  3. Once the USCIS provides you with an approval on form I-130, the National Visa Center (NVC) will contact you. The NVC is responsible for collecting visa fees and documentation.
  4. The NVC will then notify you when a visa petition is received, when an immigrant visa number will become available, and when you must submit your fees and documents.
  5. Once a visa is available, the consular office will schedule an interview with you, process your case, and decide if you are eligible for an immigrant visa. Once this occurs, the NVC will contact you again about your status.
  6. If you are granted an immigrant visa, the consular officer will give you a packet of information, known as a “Visa Packet.” Do not open this packet!
  7. To process this packet, you will need to pay a USCIS Immigrant Fee and produce your Green Card. After you receive your Visa Packet and before you leave for the United States, you can pay your fee online.
  8. When you get to the United States, present your Visa Packet to Customs & Border Protection.
  9. Within 45 days of arriving in the United States, you will receive your Green Card in the mail.

Obtaining a Green Card Through Adjustment of Status

What does Adjustment of Status mean?

Adjustment of Status (AOS) is the process to apply for a Green Card while you are in the United States. It is called Adjustment of Status because you generally have to be legally, physically present in the United States to apply.

What are the Requirements for an Adjustment of Status?

There are a few main requirements for obtaining a Green Card through an AOS:

  1. You must be physically present in the United States when you apply.
  2. Generally, you must have entered the United States legally, with valid documentation and a valid visa.
  3. Generally, you must have a current approved I-130 petition. Learn how to apply for an I-130 petition.

What are the Steps for Filing an Adjustment of Status?

  1. Determine if you would qualify for a green card. This is often done through familial relationships or an employer. For more information on filing through an employer, see our page on nonimmigrant visas for business.
  2. File an immigrant petition. Usually, someone you know must file an immigrant petition for you, although some statuses allow you to apply for yourself. The most common immigrant petitions are:
    • Family Relationships: Form I-130, Petition for Alien Relative
    • Employees: Form I-140, Immigrant Petition for Alien Worker
    • Asylees: Form I-589, Application for Asylum and Withholding of Removal
    Some petitions allow for filing at the same time, while others require an approved petition before you can apply for a Green Card.
  3. Check visa availability. Generally, even though you already in the United States, you may not file for a Green Card until there is a visa available.
  4. File a Green Card application.If after these steps you find you are eligible for AOS, you may file a Green Card application (Form I-485).
  5. Schedule an appointment at the Application Support Center. After you submit your application, you will go to an Application Support Center (ASC) for a biometrics appointment. Your appointment notice will include instructions, and you will give photos, fingerprints, and signatures at the appointment.
  6. Conduct a follow-up interview. Sometimes, a follow-up interview is requested regarding your Green Card application. You will receive a notice with the appointment information if one is requested.
  7. Fill out a Request for Evidence (RFE). If the U.S. government needs any more information from you, they will send a Request for Evidence. You must respond to this by providing all documentation requested.
  8. Wait for AOS approval. Once these steps are completed, you will receive a decision from USCIS. If you are approved, you will receive a Green Card.

    9. How Visa Availability Works

    Visas for Immediate Relatives

    There are an unlimited number of visas for immediate relatives of United States citizens. The U.S. government defines immediate relatives as spouses and unmarried children younger than 21 years old.

    Visas for Family Preference Immigrants

    If you are not a spouse or child of a U.S. citizen, you will still have preference for a limited number of visas. These visas for family preference immigrants are broken down into five categories:

    1. First Preference (F1): Children of U.S. citizens who are unmarried and 21 years of age or older
    2. Second Preference (F2A): Immediate relatives (spouses and children younger than 21 years old) of lawful permanent residents (those living in the U.S. with a valid Green Card)
    3. Second Preference (F2B): Children of lawful permanent residents who are unmarried and 21 years of age or older
    4. Third Preference (F3): Children of U.S. citizens who are married
    5. Fourth Preference (F4): Siblings of U.S. citizens, when the U.S. citizen is 21 years of age or older

    There are a limited number of visas in each of these categories, with more visas available to those who have a higher preference. The U.S. Department of State allocates these visas each year and typically allocates around 226,000 visas per year.

    How Visa Priority Dates Work

    When your I-130 gets approved, a “Priority Date” is attached to your approval. That priority date determines your “place in line” and gives you an estimate of when you will be approved. To check how far you are from your Priority Date, visit the Visa Bulletin, a monthly report on visa allocations provided by the USCIS and Department of State.