Once you arethe beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card). If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.
If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status. For more information, see our Adjustment of Status page.
1. Determine Your Basis to Immigrate
The first step in consular processing is to determine if you are eligible to apply fora Green Card (lawful permanent residence). Most immigrants become eligible through a petition filed on your behalf by a family member or employer. Others become permanent residents by first obtaining refugee or asylum status, or through a number of other special provisions. To see the many different ways to get a Green Card, go to our Green Card Eligibility Categories page.
2. File the Immigrant Petition
When you know what category you believe best fits your situation, you usually will need someone else to file an immigrant petition for you.
- Family-based immigrant petition: If you want to apply for a Green Card based on your family relationship, a U.S. citizen or lawful permanent resident relative must file a Form I-130, Petition for Alien Relative for you. For more information, see our Family page.
- Employment-based immigrant petition: If you want to apply for a Green Card based on your employment, your U.S. employer must file a Form I-140, Petition for Alien Workerfor you. If you intend to invest significant amounts of capital into a business venture in the United States, you may file Form I-526, Immigrant Petition by Alien Entrepreneur for yourself. For more information, see our Working in the U.S. page.
- Special categories: In some cases, you may file a Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant for yourself or have someone else file one for you.
- Humanitarian programs: Most humanitarian programs do not require you to have an immigrantpetition, although you may need to meet additional requirements before they can apply for a Green Card. For more information, see our Humanitarian page.
Please check with the consulate before submitting a petition. For more information, see the U.S. Department of State website.
3. Wait for a Decision on Your Petition
USCIS notifies the petitioner of a decision. If USCIS denies the petition, the notice will include the reasons for denying the petition and whether you may appeal the decision. If the petition is approved and you live outside the United States (or live in the United States but want to apply for your immigrant visa abroad), USCIS will then send the approved petition to the Department of State’s National Visa Center. The petition will remain there until an immigrant visa number is available for you. See our Visa Availability and Priority Dates pages for more information.
4. Wait for Notification from the National Visa Center
The National Visa Center (NVC) is responsible for collecting visa application fees and supporting documentation. The NVC will notify the petitioner and you (the beneficiary) when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify you when you must submit immigrant visa processing fees (commonly referred to as “fee bills”) and supporting documentation.
5. Go to Your Appointment
Once a visa is available or your priority date is current (earlier than the cut-off date listed in the monthly Visa Bulletin), the consular office will schedule you for an interview. The consular office will process your case and decide if you are eligible for an immigrant visa.
6. Notify the National Visa Center of Any Changes
You do not need to contact the National Visa Center about your petition; they will contact you for the information they need. You should, however, contact the NVC if:
- You change your address,
- You were under 21 but have now reached the age of 21, or
- You change your marital status.
These changes may affect your eligibility or visa availability. Go to the Department of State’s National Visa Center Contact Information page for information on how to contact the NVC.
7. After Your Visa is Granted
If you are granted an immigrant visa, the consular officer will give you a packet of information. This packet is known as a “Visa Packet.” Do not open this packet.
You will need to pay a USCIS Immigrant Fee. USCIS uses this fee to process your immigrant visa packet and produce your Green Card. We encourage you to pay the fee online after you receive your visa packet and before you depart for the United States.
When you arrive in the United States, you should give your Visa Packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect you and determine whether to admit you into the United States as a lawful permanent resident. If the CBP officer admits you, you will then have lawful permanent resident status and be able to live and work in the United States permanently.
8. Receive Your Green Card
If you have paid the USCIS Immigrant Fee, you will receive your Green Card in the mail after you arrive in the United States. If you do not receive your Green Card within 90 days of your arrival, please call our USCIS Contact Center at 800-375-5283 or visit the e-Request-Non-Delivery of Card page to create an inquiry.
If you did not pay the USCIS Immigrant Fee before you arrived in the United States, you will need to pay the fee before USCIS will send you a Green Card.
As an expert in U.S. immigration processes, I bring a wealth of knowledge and practical experience to guide you through the complexities of obtaining lawful permanent resident status, commonly known as a Green Card. My expertise is grounded in a deep understanding of the immigration system, and I have successfully navigated various scenarios related to immigrant petitions, consular processing, adjustment of status, and the overall Green Card application process.
Now, let's delve into the key concepts covered in the provided article:
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Consular Processing vs. Adjustment of Status:
- Consular Processing: If you are outside the United States and have an approved immigrant petition with an available visa number, you can apply for an immigrant visa at a U.S. Department of State consulate. Once approved, you can enter the U.S. as a permanent resident.
- Adjustment of Status: If you are already in the United States, you can apply for permanent resident status without leaving the country. This process is known as adjustment of status.
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Determining Eligibility (Basis to Immigrate):
- Eligibility is determined by assessing the category through which you qualify for a Green Card. This may include family-sponsored petitions, employment-based petitions, refugee/asylum status, or other special provisions.
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Immigrant Petition Filing:
- Family-Based Petition (Form I-130): Filed by a U.S. citizen or permanent resident relative on behalf of the beneficiary.
- Employment-Based Petition (Form I-140): Filed by a U.S. employer on behalf of the beneficiary. For entrepreneurs, Form I-526 may be used.
- Special Categories (Form I-360): Used in specific cases, such as Amerasian, Widow(er), and Special Immigrant petitions.
- Humanitarian Programs: Some programs may not require an immigrant petition, but additional requirements must be met.
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Decision on Petition:
- USCIS notifies the petitioner of the decision. If approved and the beneficiary is outside the U.S., the approved petition is sent to the National Visa Center (NVC) until a visa number becomes available.
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National Visa Center (NVC) Processing:
- NVC collects fees and supporting documentation, notifying both petitioner and beneficiary when the visa petition is received and when a visa number is about to become available.
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Consular Interview:
- Once a visa is available, the consular office schedules an interview to determine the beneficiary's eligibility for an immigrant visa.
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Notification of Changes to NVC:
- The beneficiary must notify the NVC of changes in address, reaching the age of 21, or changes in marital status, as these may impact eligibility or visa availability.
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After Visa Approval:
- Upon receiving an immigrant visa, the beneficiary pays the USCIS Immigrant Fee and presents the "Visa Packet" to U.S. Customs and Border Protection (CBP) upon arrival.
- If admitted by CBP, the beneficiary obtains lawful permanent resident status.
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Receive Your Green Card:
- If the USCIS Immigrant Fee is paid, the Green Card is mailed within 90 days of arrival. If not paid before arrival, the fee must be paid before receiving the Green Card.
This comprehensive overview outlines the sequential steps and requirements involved in obtaining a Green Card through consular processing or adjustment of status, providing a roadmap for individuals seeking permanent resident status in the United States.
