In this guide
Consular processing is the application process for a U.S. green card when applying from outside of the United States.
The application process for a green card varies depending on whether you’re already in the United States, or still in your home country. If you’re applying from your home country, your application will go through consular processing (also known as a CR-1 or IR-1 visa – more on that below), which simply means that it will be handled by your local U.S. Embassy or consulate.
Consular processing is different from Adjustment of Status (AOS), which is used when applying for a green card from inside the United States. With consular processing, you’ll have to wait in your home country until your U.S. green card is approved.
Both consular processing and AOS have their own timelines, application forms, supporting documents, and costs, but the overall green card eligibility requirements are identical. Applicants should check which process fits their individual situation.
This guide explains how to apply for an immigrant visa from outside the United States through consular processing.
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Who Should Apply Through Consular Processing?
Applicants living outside the United States must normally use consular processing to apply for a green card.
Applying through consular processing means you’ll wait in your home country while your green card application is processed.
Only people already in the United States can use AOS instead of consular processing. Some green card applicants come to the United States in order to file an AOS application instead of using consular processing, but there is no established process for doing so, and few U.S. visas allow you to enter the country with the intention of adjusting your status.
Only people who already qualify for a green card — through marriage, employment, or another means — and have filed the relevant petition (such as Form I-130 for marriage green cards) should apply through consular processing. Once your petition is approved and a spouse visa is available for you, you’ll be able to begin consular processing. Unless you’re married to a U.S. citizen, you might face a lengthy wait for a visa number, so check your priority date to see when you can apply.
CR1 Versus IR1
When applying for a marriage green card via consular processing, you will either receive a CR-1 visa or an IR-1 visa.
A CR1 visa is issued when the couple has been married for less than two years at the time the green card is approved. This means the green card is “conditional” and is only valid for two years, after which the foreign spouse applies for removal of conditions to receive a 10-year green card.
An IR-1 visa is issued when the couple has been married for two years or more at the time the green card is approved. This means the green card is valid for 10 years, and the foreign spouse will not need to apply to remove conditions.
How to Get a Spouse Visa through Consular Processing
Consular processing is a multi-step process, and it’s important to understand the journey you have in store. Here’s what to expect:
Step 2: Have your sponsor file the appropriate petition for your green card category, such as the I-130 form, with U.S. Citizenship and Immigration Services (USCIS).
Step 3: Wait for USCIS to approve your petition. Processing times vary, and could take anywhere from several months to several years, depending on the government’s current backlog and your specific case.
IMPORTANT UPDATE (March 24, 2023)
The April 2023 Visa Bulletin saw a significant change to the F-2A family-based category (for spouses of U.S. lawful permanent residents). This change is likely to have a negative impact on wait times for green cards of LPR-sponsored spouses. Boundless will continue to track this change closely — stay tuned for future updates on our monthly Visa Bulletin report.
Step 5: Once a visa is available, USCIS will forward your petition to the National Visa Center (NVC) for processing. The NVC is part of the Department of State, and handles green card applications for people living outside the United States.
Step 6: The NVC will let you know when to pay fees and provide documentation for your application. You’ll fill out and submit Form DS-260 to provide all the relevant information.
Step 7: The NVC will forward your case file and documentation to your nearest U.S. embassy or consulate, which will contact you to arrange an in-person interview.
Step 8: Prior to the interview you will need to see a USCIS-approved doctor for a medical exam. Details can be found on the U.S. consulate or embassy website. You can only use an approved doctor, and fees vary based on your location.
Step 9: For the interview, you will need to bring your passport and original documentation. When you arrive, a consular officer will place you under oath and ask questions about your application. They may collect your passport, but you’ll get it back later.
Step 10: The consular officer will decide whether to grant your application. You may be told right away, or you may hear later. Decisions are usually made within a week, unless further checks are required.
Step 11: If your application is approved, you will receive a visa allowing you to travel to the United States, along with a sealed envelope containing your file. Don’t open this envelope — it should only be unsealed by a U.S. officer at an official port of entry.
Step 12: Your travel visa will be valid for 6 months from the date of your medical examination. Upon entry to the United States, you will be processed by a U.S. border officer who will open the sealed envelope and formally admit you into the country.
Step 13: Your visa will now be valid for travel in and out of the United States for up to 12 months. During that time, USCIS will mail your green card to your U.S. address.
What is the Consular Processing Timeline?
The time needed for consular processing varies from case to case and whether or not your sponsor is a U.S. citizen or green card holder, but you can expect to complete the process in 13.5–15.5 months if you’re the spouse of a U.S. citizen and 19–33 months if you’re the spouse of a lawful permanent resident.
What are the Consular Processing Costs?
Consular processing costs could go up as soon as summer 2023. USCIS announced in January 2023 that they plan to increase government filing fees for nearly every visa category, including family-based and marriage-based green cards processed overseas. The news fees are not yet in effect but Boundless is tracking all government updates closely. Go to our USCIS fees guide to see your expected consular processing costs and stay up to date on any changes.
Consular processing fees vary depending on the type of green card you’re seeking. For family-based and marriage green cards, the fees are:
Form I-130: $535
Form I-864: $120
Form DS-260: $325
USCIS Immigrant Fee: $220
Total cost: $1200
Other green card applicants may have somewhat higher or lower total fees.
You’ll also have to pay for a medical examination, with costs varying according to your home country’s healthcare system, and you may also have to pay a fee to your local authorities to obtain police certificates.
Not sure what costs to expect? Boundless’ USCIS fee calculator can help determine the exact government fees for your consular processing application. We also help you pay your costs in installments, so you can get started now and pay later. Get started today!
How to Check the Status of your Application
You can check for updates on your green card application by entering your case number on the USCIS website. You can find this number on any notices or receipts you’ve been sent by USCIS.
Once you’ve submitted your green card application to a U.S. embassy or consulate, you can check your case status on the Consular Electronic Application Center website. You’ll be able to see what stage your application is at, and even when your visa is being printed.
What if My Application is Rejected?
On the other hand, AOS applicants can appeal denials through USCIS or through the courts. Consular applicants don’t have that option: there’s no appeal system, so if a consular officer rejects your application, it will be very hard to overturn their decision.
What Happens Next?
Congratulations! You’re now a U.S. green card holder, free to work and live anywhere in the United States. It’s a great opportunity and a huge achievement after a lot of hard work.
If you gained your green card through marriage, but have been married less than 2 years when you first enter the United States, you’ll receive a conditional 2-year green card. If you’re still married after 2 years, you will be able to apply for a non-conditional green card. You can start this application 90 days before the 2-year anniversary of your arrival. Don’t forget, because if you fail to apply then your green card will be terminated and you could face removal proceedings.
If all goes well, you’ll be eligible to apply for U.S. citizenship after being a green card holder for 5 years (or 3 years if you’re the spouse of a U.S. citizen). You must continue to pay your taxes, not be convicted of a crime, and not leave the United States for extended periods.
Consular Processing FAQs
What are the benefits of the CR-1 visa?
The primary benefit of consular processing is that it generally allows for a faster, more secure way to enter the United States. Consular processing also eliminates the need for travel to the U.S., which can be expensive and time-consuming.
What are the drawbacks of the CR1 visa?
The primary drawbacks of consular processing include lengthy wait times for visa approval and the potential for delays due to government processing. Additionally, the cost of applying for a visa through consular processing can be more expensive than other methods.
What is the current processing time for a CR1 visa?
The processing time for a CR1 visa varies depending on whether you are married to a U.S. citizen or a green card holder. If you are married to a U.S. citizen, the current wait time is between 13.5 and 15.5 months. If you are married to a green card holder, the wait time is between 19 and 33 months.
How long is a CR1 visa valid for?
A CR1 visa is valid for two years. After this period, the couple will need to apply to “remove the conditions” on the CR-1 to receive a permanent green card.
Which is the better option: CR-1 or K-1 visa?
The processing time for a K-1 fiancé visa is currently longer than the CR-1 spousal visa, and the government will raise the fees for K-1 in late 2023. However, choosing between these two visa options depends on your individual circumstances. To weigh the pros and cons of each visa, check out the Boundless guide on K-1 vs. CR-1 visas.
Can I work on a CR1 visa?
Yes, you can work in the U.S. immediately upon entering with a CR1 visa, and you do not need to apply for a separate work permit.
Can I travel with a CR-1 green card?
Can I apply for citizenship after two years of marriage?
No, you have to wait three years from when you received your CR-1 visa before you can apply for U.S. citizenship.
What is the minimum income requirement for a CR-1 visa?
The minimum income requirement for most U.S. sponsors is 125% of the Federal Poverty Guidelines for their household size and location. For a couple who live in the 48 contiguous states (mainland U.S.) and have no children, the minimum annual income requirement is currently $24,650.
What is a green card?
A green card allows a non-U.S. citizen to gain permanent residence in the United States. A green card is also sometimes referred to as a permanent resident card. Many people from outside the United States want a green card because it would grant them permanent resident status, which would allow them to live and work (lawfully) anywhere in the United States and qualify for U.S. citizenship after three or five years. Boundless has helped more than 100,000 people reach their immigration goals. We’ll be your visa planning partner from beginning to end. Get started today!
In this guide, we’ll cover:
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The green card application process will differ depending on if you are applying from within or outside the United States.
There are two main green card application forms:
Green card application (from within the US): Form I-485 (Application to Adjust Status). This form is used by 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.
Green card application (from outside the US): Form DS-260 (Immigrant Visa Electronic Application). This form is used by those who are seeking an immigrant visa from abroad, either through family, employer sponsorship or through the diversity visa program.
Not sure which visa is right for you? Take our free assessment to get a customized plan.
Green Card Timeline
The processing time for a permanent resident card is anywhere from a few months to many years, depending on the type of green card you’re applying for and where you’re applying from.
Applying from within the United States
For spouses and immediate relatives (parents and minor children) of U.S. citizens applying from within the United States through adjustment of status, the wait is currently 12.5-22.5 months. For spouses of U.S. green card holders, other relatives of U.S. citizens, and employment-based green cards, the wait can be much longer, typically two years or more.
Applying from outside the united states
For spouses and immediate relatives (parents and minor children) of U.S. citizens applying from outside the United States via consular processing, the wait is currently 13.5-15.5 months. All other green card categories are subject to country caps, and wait times vary dramatically.
For spouses of U.S. green card holders applying from outside the United States, the wait is currently – months.
Green Card Costs
For other green card categories, check the USCIS website for the cost of your particular form.
Proposed Green Card Cost Increase 2023
The government filing fees for a green card could increase significantly in 2023 if a proposal by U.S. Citizenship and Immigration Services (USCIS) is approved. Earlier this year, the agency announced plans to raise the application costs for most visa application types, including forms I-130 and I-485. In addition, those adjusting their status to a marriage green card will have to pay fees on those applications as well. All told, the cost Adjustment of Status process (with work and travel) could increase by 90% this year, while the spousal visa process will be less impacted. The proposed fees are not yet in effect.
Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on the government’s proposal.
Different Types of Green Cards
There are many categories of green cards. The most common types are:
How to Get a Green Card
The process for getting a green card depends on which type you are applying for. Each of these is covered in detail below, starting with how to get a family-based green card.
Family-Based Green Card
IMPORTANT UPDATE (March 24, 2023):
The April 2023 Visa Bulletin saw a notable shift in the F-2A family-based category (Spouses and Unmarried Children (Under Age 21) of U.S. Green Card Holders). The “Final Action Dates” for these applications have stopped being “current” due to an increase in backlogs in the category. “Final Action Dates” refer to applications whose priority dates have reached the front of the line and can now be processed. However, these cases will NOT be adjudicated until the priority date is current. For Mexican applicants, the “Final Action Date” (or priority date) has retrogressed to November 1, 2018 and for all other applicants, the “Final Action Date” has retrogressed to September 8, 2020. This development is likely to lead to longer wait times for green cards under the F-2A category. Boundless will be paying close attention — check out our monthly Visa Bulletin report for future updates.
Close relatives of U.S. citizens and current green card holders may apply for family-based green cards of their own. Eligible family members include spouses, children, parents, and siblings (as well as the spouses and children of those spouses, adult children, and siblings).
Also included in this category are widows and widowers who were married to a U.S. citizen at the time the citizen died. Like spouses of living U.S. citizens and current green card holders who apply for a marriage-based green card, widows and widowers must prove that their marriage was authentic in order to receive a green card.
Many extended family members — cousins, aunts and uncles, and grandparents — do not qualify. They may apply for a permanent resident card only if they, too, have a closer relative who is a U.S. citizen or current green card holder (or qualify for one of the other types of green cards below).
Employment-Based Green Card
Within the employment-based green card category, multiple subcategories of workers can apply for a permanent resident card. In some cases, their spouses and children may qualify for a green card, as well.
*Extraordinary ability is demonstrated “through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation,” according to U.S. Citizenship and Immigration Services (USCIS). **Exceptional ability refers to “a degree of expertise significantly above that ordinarily encountered” in your field.
Humanitarian Green Cards
People who fear, or have experienced, persecution in their home country — because of their race, religion, nationality, political opinion, or membership in a particular social group — can seek protection in the United States by applying for a visa from abroad (to come as refugees) or from within the United States (to remain as asylees).
Once they have physically lived in the United States for at least one year since receiving refugee status or asylum, they may apply for a permanent resident card. Children and spouses (and in some cases, other family members) of refugees and asylees may also seek protection in the United States under these programs and eventually apply for a green card.
For human-trafficking victims
Victims of human trafficking who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may apply for a T visa to stay in the United States for up to four years. As a condition of the T visa, however, they must help to investigate and prosecute perpetrators of human trafficking (unless the victim is under age 18, in which case they need not help with such efforts).
They must also meet other eligibility requirements. These include, for instance, demonstrating “good moral character” (meaning they have not committed certain crimes, such as fraud, prostitution, or murder) from the time they received a T visa until they’re approved for a green card. As another example, they must demonstrate to the U.S. government that they would suffer extreme hardship involving severe harm if they were required to leave the United States. (USCIS provides the full list of eligibility criteria.)
Certain family members will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.
For crime victims
Victims of “substantial physical or mental abuse” who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may seek protection by applying for a U visa. To obtain a U visa, the victim’s application must be certified by a law enforcement agency. Like recipients of T visas (see above), an applicant for a U visa must also agree to help investigate and prosecute people who commit certain crimes, such as kidnapping, sexual assault, and torture.
The victim’s children, parents, siblings, and spouse will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.
For abuse victims
Victims of domestic violence (battery or extreme cruelty) may apply for a green card that would allow them to seek relief through the Violence Against Women Act (VAWA). Although this law was created to benefit women, it applies to both women and men, and both parents and children, who are victims of abuse.
An abuse victim may apply for a permanent resident card on their own — without the knowledge or permission of their abusive relative, who can include:
USCIS will not notify the abusive relative of the application in order to keep the victim safe. (Full eligibility requirements are detailed on the USCIS website.)
IMPORTANT: If you or someone you know is experiencing domestic abuse now, contact the National Domestic Violence Hotline right away at 1-800-799-7233 or 1-800-787-3224 (TTY). You’ll be able to talk with someone about available resources, such as shelters, mental health care, and legal assistance. The hotline also provides information about green cards through VAWA.
Diversity Lottery Green Card
Most lottery applicants live in their home countries at the time they cast their entries, but some already live in the United States under a different type of immigration status.
Longtime-Resident Green Card
Individuals who have physically lived in the United States — lawfully or unlawfully (meaning you were “undocumented”) — since January 1, 1972 may apply for a permanent resident card through a special process called “registry.”
Other Green Cards
The U.S. government issues many other types of green cards besides the ones discussed above. Some of these include permanent resident cards for “special immigrants,” including media professionals, religious workers, Afghanistan and Iraq nationals who have served the U.S. government under certain capacities, and other types of workers who have served in an international organization. Others include green cards for Cuban citizens and American Indians born in Canada.
USCIS provides a list of these other green card types and their eligibility requirements.
Boundless helps you build a tailored visa plan for every step of the green card process, from forms to your immigration interview. Get started today!
What is a permanent resident?
A permanent resident is a citizen of another country who is permitted to live and work lawfully in the United States.
Who can apply for a green card?
There are many different types of green cards, all with different eligibility requirements. For instance, relatives of U.S. citizens and green card holders can apply for a family-based green card.
How much does a green card cost?
The cost to obtain a green card depends on the type of green card you’re applying for. For example, the government filing fee for a family-based green card is $1760 for an applicant applying from within the United States, and $1200 for an applicant living outside the United States. However, the cost for most visa applications could go up in 2023. Boundless compiled a list of the expected fee increases, including updates on the government’s proposal.
After obtaining a green card, how long until I can apply for citizenship?
You may apply for U.S. citizenship if you have had a green card for five years (or three years for a marriage green card).
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What is the Diversity Visa Lottery?
Each year, the Diversity Visa program allows more than 50,000 randomly selected people — only from countries that don’t send many immigrants to the United States — to obtain permanent residency (commonly called a “green card“). It’s a way for individuals and families who otherwise wouldn’t have any way to legally immigrate to the United States to get a green card.
Entering the Diversity Visa lottery (aka green card lottery) involves filling out a simple form online, and it doesn’t cost anything. You can enter the lottery every year from early October through early November. The winners are selected at random by a computer, and they and their immediate families receive green cards.
In this guide, we’ll explain who is eligible and how to apply:
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There is no fee to enter the green card lottery. However, if you’re selected and choose to apply for a Diversity Visa, you’ll need to pay the mandatory green card application fees. Once selected, you’ll receive information and details of the required fees on the Diversity Visa website at dvprogram.state.gov.
Diversity Visa Timeline
The winners of the green card lottery are typically notified 7 months after submitting their entry. Once selected, it can take up to 14 months to be scheduled for your interview and receive your visa, depending on how soon you apply for your visa.
For example, if you applied for the 2023 green card lottery during the registration period (Oct-Nov 2021), the winners would be announced sometime in May 2022. You would only be allowed to apply for your visa during fiscal year 2023, which is from Oct. 1, 2022 through Sept. 30, 2023. The sooner you apply during that year, the sooner you will be scheduled for your visa interview and be issued your visa.
Once you have your visa, you must enter the United States on or before the expiration date printed on your visa. A Diversity Visa is typically valid for up to 6 months from the date of it was issued.
Diversity Visa Eligibility
There are two main requirements when applying for a Diversity Visa:
Country of birth
In order to be eligible for the Diversity Visa, you must have been born in a country that sent less than 50,000 immigrants to the United States over the past 5 years. There is some yearly variation in the countries that are eligible, but Canada, China, India, Mexico, and the United Kingdom never make the list, because these countries all send a large number of immigrants to the United States.
If your native country is not eligible, there are still two ways you could qualify for the Diversity Visa:
Education
The second major requirement for Diversity Visa applicants is that you must have at least a high school degree, or at least two years of work experience within the past five years in a profession that requires at least two years of training, as determined by the U.S. Department of Labor.
How to Enter the Green Card Lottery
Participating in the lottery is relatively easy. You fill out a form on the State Department’s website while it is available, from early October through early November. Most of the questions are easy to understand; however, there are a few places where these extra suggestions may be helpful:
Once you submit your application, it’s essential to keep your confirmation number, because this is the only way to know if you’ve been selected
Selection and Notification
The winners of the Diversity Visa lottery are chosen at random by a computer program, with a certain number of visas allocated to each region of the world and no one country receiving more than 7% of the Diversity Visas available in any given year.
If you’re selected in the green card lottery, you and your family members will have to meet the same requirements as any other U.S. green card applicant. Certain types of criminal records could make you ineligible for a green card. There are also some medical conditions that could make it difficult or impossible to get a green card.
If you’re selected in the green card lottery, it’s important to act fast, even though it could still be a year or more before you’re able to come to the United States. There are two reasons to act immediately: First of all, your application must be processed and your visa must be issued by the end of the fiscal year for which you were selected. Second, there are more people selected for the Diversity Visa than there are visas available, and if you wait until the last minute there might not be any visas left.
When you’re notified that you won the Diversity Visa, you’ll get a numerical rank, which will tell you when you can apply for your visa. Towards the end of July, you can check the State Department’s visa bulletin to see when you can submit your application. The first visas are available on October 1, the first day of the U.S. government’s fiscal year, and you can submit your application up to 90 days ahead of time.
If you’re outside the United States
The vast majority of people who are selected for the Diversity Visa aren’t in the United States, and will apply for a green card through the U.S. consulate in their home country. As soon as you see that there is a visa available, you should submit form DS-260 with the National Visa Center. Once your application is processed, it will be forwarded to the U.S. consulate, which will schedule a visa interview. If you meet all the requirements, you will be approved for your immigrant visa at the interview.
If you’re in the United States
If you’re in the United States in a temporary immigration status (technically known as “non-immigrant status”) when you win the Diversity Visa lottery, you’ll apply for a green card through United States Citizenship and Immigration Services (USCIS) by filing Form I-485. You should submit your application as soon as a visa becomes available, based on the visa bulletin.
Avoiding Scams
Unfortunately, the Diversity Visa program is sometimes abused by scammers as a way to defraud hopeful immigrants. Here are a couple of tips to avoid common scams related to the Diversity Visa:
Entering the Diversity Visa lottery is like entering any other lottery—the odds of winning aren’t high—but if you’re lucky, it can be a way to come to the United States even if you don’t have any family or employment contacts. If you’re married to a U.S. citizen, though, applying for a marriage green card is almost certainly the better option.
Diversity Visa FAQs
If you’re married to a U.S. citizen, you could still apply for the Diversity Visa lottery. However, there’s little advantage to doing so, since you will almost always be able to come to the United States sooner by applying for a marriage-based green card instead.
If you have another family member who could sponsor your green card, it might still be worthwhile to apply for the Diversity Visa lottery. Some family-based immigration categories—for example, siblings of U.S. citizens—take a very long time, and you would be able to come to the United States much sooner if you won the Diversity Visa lottery.
How many Diversity Visas will go to each eligible country?
United States Citizenship and Immigration Services (USCIS) calculates the number of Diversity Visas allocated to each country based on a formula outlines in Section 203(c) of the Immigration and Nationality Act (INA). No one country can received more than 7% of the total number of Diversity Visas available each year.
Is there a minimum age to apply for a Diversity Visa?
There is no minimum age requirement, but the need for a high school education or work experience disqualifies most people under 18 from applying.
How long does it take to get a Diversity Visa?
The winners of the green card lottery are generally notified 7 months after applying. It can take up to 14 months to for the government to schedule your interview and issue your visa, depending on how soon you apply for your visa.
Can I enter the Diversity Visa lottery if I’m in the United States?
Yes, you may enter the green card lottery from anywhere, including from within the U.S.
Can my spouse and I each submit separate entries?
Yes, each spouse may submit their own Diversity Visa entry. If one of the spouses is selected, then the other spouse will qualify for a green card as your dependent.
What if I’ve lost my confirmation number?
You need your confirmation number to access the Entrant Status Check — the online portal where you see whether or not you’ve been selected. If you lose your confirmation number, you can retrieve it using the email address you used to register for the lottery.
How much does it cost to enter the green card lottery?
There is no fee to enter the Diversity Visa lottery. However, if you’re selected and choose to apply for a Diversity Visa, you’ll need to pay the mandatory green card application fees.
Why was the Diversity Visa lottery established?
The Diversity Visa was established by the Immigration Act of 1990 as a way to increase the diversity among immigrants to the United States. There have always been a handful of countries from which the majority of immigrants to the United States come, and Congress established the Diversity Visa program to increase the number of immigrants from smaller countries and countries that don’t send many immigrants to the United States.
It won’t be that easy moving to the U.S.A. The process itself getting a Green Card and move to the U.S permanently is a long and complicated procedure. Other than that, there are many forms to fill up, fees to pay, and documents to comply with and submit. The multiple steps from getting a U.S.A. visa to a green card application that is inset for immigrant visa applications simply ensure that the process is completed in a transparent way and without mistakes.
The immigrant visa process starts with the petition which must be processed and filed by a family member or the employer. The petition must go through several different U.S. institutions in order to be reviewed thoroughly. Usually, this is the step that takes the longest in the process. Once approved, the applicant must apply for the actual immigrant U.S.A. visa from their home country. After the application for the immigrant visa, the applicant must patiently wait to hear back from the U.S Embassy on whether the U.S.A. visa is approved or not.
This is usually a frustrating procedure, most people who have applied, want to know how long does the procedure take to be granted with a Green Card. This question is most frequently asked that is usually referring to the petition phase. The time it takes for a petition to be reviewed in different U.S. institutions is the longest, however, the visa approval at the end take shorter times, usually, it just takes a few days to a few weeks. This article will tackle the different Green Card processing times for the different U.S immigrant visa types when it comes to visa petitions.
How Long Does the Procedure Take to Get a Green Card?
Family-based immigration visas are the types of visas that allow the family members of Lawful Permanent Residents also known as LPRs or U.S. citizens to apply for immigration in the U.S. Family members inclusive of the spouse, children, parents, and siblings. Also, know that other relatives cannot apply for family-based visas.
Basically, there are different family-based visas and others have yearly caps. Yearly caps mean that for a particular visa, there should only a number of selected people each year who are allowed to get it. So, after the yearly cap is reached, those people who have applied on that same year but did not get processed must wait until the next period allowed. It should be in the know that visas are processed on a first-come-first-serve basis.
So, if one of the family-based visas is given to only 1,000 people, and if it happens and you apply as the 1,001st person, you will be processed the next year. Still applicable even further, like if you are the 2001st person to apply, you will be processed after two years and it means that processing times can be long and extend for years.
The Two Sub-categories Family-Based Immigrant Visas
Immediate Relative Immigrant Visas this don’t have a yearly limit or what they call cap, so when you apply, you will be processed shortly within a few months and includes:
With the IR-1 visa which is also known as a marriage green card, the processing time is also much shorter than that of the Family Preference Visas. It only takes from 8 to 10 months to get a green card through marriage.
Family Preference visas
Family Preference Immigrant Visas have yearly limits or caps, which simply means that processing time might run from 1 year to in some rare cases, it takes 10 years long. The date when an applicant’s petition will be reviewed is called a priority date and is posted by the U.S State Department and they as well decide on when a certain category is processed. Here are the annual cap for the family preference visas inclusions:
Employment-based green cards are given to people from other countries by U.S employers. The employers basically sponsor the foreign employees for the Green Cards if in case they cannot find a U.S citizen who is qualified, available, and willing to work there.
Just like the family-based visas that have yearly caps, the employment-based visa applications are processed on a first-come-first-serve basis.
If you want to make the processing time shorter, you must ensure that all your documents are ready and error-free during the application. Mistakes in any form in your document or when you miss a document, the U.S Citizenship and Immigration Services (USCIS) will request the documents from you, which will extend the processing time even longer.
Returning Resident Immigrant Visa
A returning resident visa is needed if because of the reasons the inevitable situation or those were beyond your control, you could not return to the U.S. within one year of leaving for travel. You must first prove to USCIS that you intended to return to the U.S but for that certain reasons that is why you need a returning resident visa to get your Green Card back.
After the hectic application process, you will have to undergo a visa interview once again. The U.S Embassy’s consular officer where you are applying will be the one to inform you whether you got the returning resident visa or not.
For this visa, there is no processing time. You will be immediately notified whether you got your Green Card back. If you were denied the visa, then you have to apply for the immigrant visa again, either a family-based or an employment-based one.
The Diversity Visa is the type of visa that allows people from other countries with low rates of immigration to apply for the lottery to get a Green Card. The applications are usually catered in the month of October or November, and then, the applicants must wait for them to be processed.
If you are lucky enough to be one of the selected people, you must go through the meticulous procedure of applying for the Diversity U.S.A. Visa. You need to comply and complete the forms and the necessary papers and then submit supporting documents alongside, which might take a few months in the process. Right then, you need to patiently wait for the U.S Embassy in your home country to process your request for U.S.A visa and make a wise and guided decision.
Moving to the United States is what many people first think, those who want to immigrate to another country. A country that provides various opportunities for working and settling down. Economic success attracts people from all corners of the world as potential immigrants and visitors. Everyone is asking how to get a Green Card?
How to get a Green Card, what are the requirements and which one can you apply for, this article will answer it all.
The Green Card USA is basically a document that allows you to move permanently to the U.S and stay there. It will allow you to find jobs to work and earn money, you can move to any state in the U.S, as well as settling down with your family.
The situation for immigrant U.S visas and Green Cards is different, whereas the U.S non-immigrant visas are processed when you apply. Many immigrant U.S visas have a limit on the number of visas issued each year. For instance, the F visa category for families has a limit on the yearly number of visas given to people.
The yearly limits mean that those who apply before it is reached will get processed. Your visa will be processed next year if you apply for the U.S visa once the limit has been reached. Because there is such a high demand for some types of Green Cards and immigrant U.S visas, you might have to wait for a very long time for the petition or the case to be processed. The waiting period can go up to 5 or 10 years, for some U.S Green Cards. So, if you are planning to apply for a particular Green Card, you must check with the U.S institutions or this article for how long does it take to get a Green Card and apply as soon as possible.
What are the Green Card Requirements?
There are various requirements that you must need to attain, for whichever USA Green Card you choose to apply. Each immigrant with a U.S visa has its own specific set of conditions that you must fulfill, but there are also a few that you must have for each U.S visa, as detailed below.
How to Apply for a Green Card?
There’s a restricted period within which you can remain outside the U.S if you are a green cardholder. The standard period you can travel abroad is limited to one year. Though the duration of this period depends a lot on whether you intend to become a naturalized citizen or not.
Under other conditions, whether you can enter other countries visa-free or not, it all depends on your nationality and the visa policy between your home country and destination country. For instance. if you are planning to visit the Schengen countries in Europe, your nationality will determine whether you will have to apply for a Schengen Visa from the US or not.
Fees for Petitions
Unlike the U.S. Visa, Green Card is needed so you can enter and stay in the U.S for as long as you want. And to get a U.S. permanent residency or Green Card, the applicant must get an approved petition by the U.S Citizenship and Immigration Services or the USCIS. And the petition must be filed by either a close family member like your fiancé/spouse, child, parent, or sibling. That if you are applying for a family-based Green Card, also by your employer if you are working in the U.S, or by you as the applicant himself or herself if you plan on investing in the U.S.
Basically, the petition fees that must be paid to USCIS should be paid by the petitioner. So, for example, if someone else is petitioning on your behalf, they must pay the fee. Technically, the petition will not be processed if the fees required are not paid. Enumerated below are the most common petitions filed, their cost, and the type of immigrant visa they are necessary for.
Green Card Application Fee
Once the petition has been processed and is approved by the USCIS, you will have to apply for the visa at the U.S Embassy in your country where you live. During the application, you must pay the said fees. It is paid by the applicants and not by the petitioners. You will have to submit one of the three application forms depending on the type of visa you are applying for:
- Form DS-160
- Form DS-260
- Form DS-261
Green Card Application Supporting Fees
All applicants who want to visit, or stay and immigrate to the U.S must go through a medical examination and vaccination performed personally by a licensed doctor. This is to ensure that you are fit and healthy and have taken all the vaccines necessary in the U.S. Medical examination goes first before your interview, and will most likely have to pay for it. The exact cost varies by the types of tests that the U.S Embassy requires you undergo and the cost of medical examination in your country of residence.
Administrative Fees Such as Filing, Translating, Copying, Printing, Notarizing Documents, Etc.
Additionally, on top of the medical fees, you will be asked to translate documents from your native language, notarize, print, and copy, so, you will be responsible for these fees and must pay whatever rate is in your country in order for it to be processed.
USCIS Immigrant Fee
Given your visa is approved, so, before you travel to the U.S you have to pay the USCIS immigrant fee which costs you $220, and is paid by all those who are moving and living permanently to the U.S.
Other Fees
Aside from the fees for petitioning and applying, there might also be other fees that you need to anticipate, either the sponsor or the applicants themselves must pay.
DOL Labor Certification Fees
For the EB-1 visa, EB-2 visa, and EB-3 visa, the employers must obtain a labor certification from the U.S Department of Labor or the DOL. This certification will be presented to prove to USCIS that the company made efforts to hire an employee who is a U.S citizen or currently a permanent resident, but was unable to. This could be necessary because the employer could not find someone who has the skills that the company is looking for, or the person was unavailable or not willing to get hired for the job.
The company will have to pay various fees related to job ads, hiring costs, and document filing costs during the process of getting this certification. The exact cost also depends on the current market rates and any rates that the DOL requires.
The Diversity Visa would cost you initially for the application fee of $330.