Becoming a legal permanent resident in the United States is a lengthy bureaucratic process. Once your eligibility is established, you will need to find someone who can sponsor your application. Then, you and your sponsor must provide sound evidence of your status, occupation, or personal relationship. The process of becoming a legal permanent resident will generally take at least one year from the date you start your application, however successful applicants will receive a Green Card at the end of the process, which will provide legal permanent residency.
Step
Part 1 of 3: Ensuring Self-Eligibility
Step 1. Make sure you qualify by having a family member sponsor you
One of the most common forms of eligibility is sponsorship from a family member. If you have a family member who is a US citizen or legal permanent resident of the US and is at least 21 years of age, you may be eligible to apply. The US Immigration and Citizenship Service (USCIS) defines family members as:
- Spouse of a US citizen or permanent resident
- Unmarried children of US citizens or permanent residents
- Married child of a US citizen
- Parents of US citizens or permanent residents
- Brother or sister of a US citizen
- Fiance of a US citizen (under special immigration receipts)
- Widows or widowers of US citizens
Step 2. Find sponsors through the company that hired you
Some companies are willing to sponsor immigrants to become permanent residents. This is necessary if you have exceptional skills or abilities that are not commonly found in the general working population. You must run a labor market test to show that there are no other individuals available for the job in the US, which would qualify you for a green card.
- Preference is usually given to immigrant workers who have outstanding abilities in the sciences, arts, education, business, or athletics, outstanding researchers and professors, and multinational managers.
- Second preference is given to people whose profession requires an advanced degree, people with exceptional abilities in the arts, sciences, or business, as well as people who seek a national interest waiver.
- The third preference is given if you are a skilled worker, professional or other worker. Skilled workers require 2 years of experience or training, while a professional must have a US bachelor's degree or equivalent, as well as work in the field. Other workers may be unskilled but not temporary or seasonal workers.
- Physicians who are willing to work full-time in a medical practice and are assigned to an unsuitable area for a certain period of time can also apply under a Physician National Interest Waiver.
- Immigrant investors who are actively in the process of investing at least $1 million in non-rural areas or $500,000 in rural areas in new commercial ventures in the US that will create at least 10 full-time positions for qualified employees may also qualify for employment sponsorship.
Step 3. Find out if you qualify as a special immigrant
Certain categories of immigrants may qualify for special immigrant status. People by profession as religious workers or international broadcasters, and people employed by international organizations or NATO-6 may qualify for this status. In addition, the following groups may qualify:
- Citizens of Afghanistan or Iraq who worked as translators for the US government, who were employed by the US government in Iraq for at least 1 year, or who were employed by the International Security Assistance Force.
- Family members of persons employed by international organizations or NATO-6.
- Children who have been abused, abandoned, or abandoned by their parents, and children who qualify for Special Immigrant Youth status.
Step 4. Qualify for legal residency through exceptional circumstances
There are a number of permanent residency qualifications that may apply if you encounter a difficult or extraordinary situation in your home country or upon entering the US. You may qualify for legal residency under these terms if:
- You obtained asylum for refugee status at least 1 year ago.
- You are a victim of human trafficking or other crimes and hold a T or U nonimmigrant visa.
- You experience abuse as a spouse, child, or parent of a citizen or legal permanent resident of the United States.
- You have been permanently resident in the US since before January 1, 1972.
- You meet any of the conditions described for sponsorship under the unusual circumstances described by USCIS.
Part 2 of 3: Making an Application for Legal Permanent Resident Status
Step 1. See an immigration attorney
Before applying for legal permanent residency, you may need to see a United States Immigration Lawyer. Not only will he help make sure you're fully qualified, he'll also help you prepare forms and paperwork and assist with any difficulties that may arise.
You can check the U. S. Department of Justice's List of Pro Bono Legal Service Providers to see if there are attorneys or legal resources in your area to help you prepare for the free immigration application process
Step 2. Ask your sponsor to file an immigrant petition
If someone, such as a relative or company you work for, is sponsoring your immigration process, it is necessary to petition immigrants for you. If you qualify to apply for yourself, you need to petition. The exact petition and documents you need will depend on your qualifications for legal permanent resident status. All forms are available on the USCIS website.
- If you're not sure what form you need, talk to your immigration attorney or immigration service officer in your area. You can also ask for advice over the phone if you can't make it to his office.
- If you already have a petition and an approved immigrant visa, you may only need to submit an I-485 application form.
Step 3. Fill out Form I-485 and submit it to USCIS
Form I-485 – Application to Register Permanent Residence or Adjust Status is basically an application form for a green card. The form is approximately 18 pages long and requires you to provide details about yourself, your family, your job, and your eligibility.
Once complete, the form must be submitted to the appropriate office. The office where you will submit the form will depend on the qualification category for your status. Go to the USCIS website to find out the exact filing address according to your eligibility category:
Step 4. Pay the application fee
You will need to submit an application fee along with I-485. You can submit a check with your application, or pay online using a credit card. The fee structure for an I-485 application is:
- $750 for children under 14 who register with I-485 from at least 1 parent
- $1,140 for children under 14 who did not register with at least 1 parent
- $1,225 for people aged 14-78
- $1,140 for people aged 79 and over
- $0 for people who enter the US as refugees
Step 5. Make an appointment for the biometric service
After submitting your application, USCIS will assist you to make an appointment for biometric services at the Application Support Center. Visit the head office in your area on the date and time stated on the appointment notice to provide biometrics including fingerprint, photo, and/or signature.
- This appointment will help USCIS confirm your identity and run background and security checks.
- If USCIS makes an appointment, be sure to bring your appointment notice and a valid photo ID with you.
Step 6. Attend an interview for a green card
Once your petition and application have been processed along with a background and security check, you will be scheduled to undergo an interview with someone from USCIS. The nature of this interview will vary depending on the application and the qualifying situation.
- If there have been any changes to your application or status from the time you submitted your application until the time of the interview, be prepared to explain the changes and provide all necessary evidence.
- If you're not confident in your English speaking skills and can't get an interview scheduled with someone who speaks your language, ask someone you trust to help with translation.
Step 7. Avoid traveling abroad while your application is still being processed
In most cases, you will be barred from traveling outside the US while the legal permanent resident application process is still ongoing. If you need to leave the country for any reason, you may need to apply for an advanced parole document before leaving the US.
Part 3 of 3: Sticking to the Rules After Application is Approved
Step 1. Always carry a green card
After becoming a legal permanent resident of the US, it is recommended that you carry a green card with you at all times. This serves as proof that you are entitled to live and work in the US. This card also functions as a photo ID, just like a SIM card or passport.
Step 2. Do not travel outside the US for more than 12 months at a time
Being outside the US for more than 12 months can result in the loss of legal permanent resident status. If you must be outside the US for more than 12 months, you may need to apply for a re-entry permit before leaving the US.
Step 3. Renew the green card 6 months before it expires
Green cards usually expire every 10 years. Plan to start the green card renewal process 6 months before your green card expires.
