How Long Does It Take To Get A Family-based Green Card?

Almost everyone can participate in the Green Card Lottery. There are, however, two criteria that every participant must meet: Country of birth and level of education. You must have proof of these two requirements at the time you win the lottery. Do you qualify to enter the Green Card Lottery?

Take the chance of living in the USA and apply for the official US Green Card Lottery!

Green Card Waiting Times Projections — EB2 and Eb3 Categories for India

For example, the waiting time for India EB-2 on February 2010 was 60 months. So that means that if you had applied for the EB2 in February 2005 or earlier, your application would have been processed by February 2010. The chart shows two trend lines: linear projection and an exponential projection. The trend lines can be used to estimate the waiting time for recent applicants or for those yet to apply. For example, based on linear trend projection if you were to apply for EB3 in January 2017 your application will be processed approximately by June 2038 (a waiting time of approximately 261 months, more than 21 years).

How Long Does It Take To Get a Family-Based Green Card?

How Long Does It Take To Get a Family-Based Green Card?

The above projections are based on publically available information as well as specific assumptions.
ILW.COM does not guarantee the accuracy or completeness the estimates provided, nor assumes any responsibility for their use.

A USA green card allows you to stay permanently and work in any occupation. The two primary options to get a permanent residency in US are family based and other is employment based.

Out of total green card issued by USCIS every year, almost 67% are given to family based applications. Your best chance of immigrating to US is through family relationship, if you can.

Different paths to US Green card:

We will talk about the process to get Green card while you are in the USA working on H1B or L1 work visas.

Employer-sponsored GC process has 3 main steps:

The total H1B max out time as is commonly known as is time to get PERM and i140 approvals.

H1B Max out time = PERM + i140 approval time

In a Nutshell

Five U.S. Citizenship and Immigration Services (USCIS) service centers currently process Form I-130.
– The current average processing time for U.S. citizens filing Form I-130 for a spouse beneficiary is 18 months.
– The current average processing time for legal permanent residents filing Form I-130 for a spouse beneficiary is 28 months.
– The current average processing time for Form I-485 across 89 field offices is 21.9 months. Processing times for this form range a lot by field office. The quickest processing time is 11.5 months (Saint Louis, MO) and the longest is 39.5 months (Salt Lake City, UT).

Updated June 3, 2023

If you are a U.S. citizen or have permanent resident status and are petitioning to get a marriage green card for your spouse who is living with you in the U.S., you’ll submit two main forms in your application package. As the petitioner, you’ll file Form I-130: Petition for Alien Relative. As the beneficiary, your spouse will file Form I-485: Application for Adjustment of Status. You can file both of these forms at the same time. This is called concurrent filing.

Form I-130 Processing Times

Form I-130: Petition for Alien Relative is the first form you must file to start the marriage-based green card application process. A U.S. citizen or lawful permanent resident must file this form on behalf of their foreign spouse. Five USCIS service centers process Form I-130.

Here are the current processing times for Form I-130 for U.S. citizens filing for a spouse beneficiary:

Here are the current processing times for Form I-130 for lawful permanent residents filing for a spouse beneficiary:

Form I-485 Processing Times

Form I-485 is the second form you and your spouse must file to get a marriage-based green card. This is the form that allows your spouse to adjust status, get permanent residency, and become a U.S. green card holder. Several USCIS offices process Form I-485.

Here are the current processing times for Form I-485 by field office:

Historical Form I-485* Processing Times

Historical USCIS processing times for adjustment of status applications have been relatively consistent. In the last five years, the average median processing time for an adjustment of status application (Form I-485) was 10 months.

*USCIS does not track historical data for Form I-485 by eligibility category or family relationship. The above data is for Form I-485 for all family-based adjustment of status applications, which includes spouses, parents, and children (immediate relative or family member).

Form I-765 Processing Times

When you submit Form I-485 to adjust your status, you can also apply for a work permit (also called an employment authorization document or EAD). To do so, you need to file Form I-765: Application for Employment Authorization. If you file both forms at the same time, you do not have to pay an additional filing fee for Form I-765. Prior to 2022, most applicants received their work permits 4–6 months after submitting their forms to USCIS. Current wait times are considerably longer, ranging from 11.5–18.5 months.

Here are the current processing times for marriage green card applicants who file Form I-765 at the same time as their Form I-485 to adjust status:

USCIS processing times for work permit applications have been climbing in recent years. In the last five years, the average median processing time for a work authorization application (Form I-765) was 3.6 months. Times have ranged from less than one month to 9.2 months, with the longest waiting period in the last five years being in 2022.

*USCIS does not track historical data for Form I-765 by eligibility category or family relationship. The above data is for Form I-765 file concurrently with any family-based adjustment of status application, which includes spouses, parents, and children.

How Long Will My Marriage Green Card Application Take?

The entire marriage green card timeline can take 10–38 months. Several factors influence wait times, including processing delays — such as the continued backlog due to the pandemic — and staffing or budget issues at a given service center or field office. Aside from submitting your forms, you’ll need to submit supporting documents, undergo a medical examination, biometrics appointment, and a green card interview.

If you’re wondering what’s happening with your marriage green card case, you can check your case status online using the receipt number from your application receipt notice. Our Learning Center contains several articles that can help you understand your case status.

“How long is too long?” when it comes to USCIS processing times?

“How long will it take?” and “Are we there yet?” are common questions when filing U.S. immigration forms, but U.S. authorities provide a way to get an answer.

U.S. Citizenship and Immigration Services (USCIS), the government agency responsible for processing green card and naturalization applications and other immigration forms, publishes and updates average processing times for 37 immigration forms, such as Form I-130, Form I-129F, or the N-400 naturalization form.

Using this information, you can identify whether your wait time is normal or if you should make a USCIS case inquiry.

In this guide:

Start planning your immigration journey today with Boundless.

Using USCIS historic processing times data, you can see the trend line for your type of application to obtain a green card. Importantly, USCIS uses Fiscal Years (FY), which run from October 1 of the prior year through September 30 of the year described. For instance, FY 2023 would run from October 1, 2022 to September 30, 2023.

Form I-130 (officially called the “Petition for Alien Relative”):

The current wait time for Form I-130 is 12.4 months.

Form I-485 (“Application for Adjustment of Status”):

Family-based green card applications (in other words, immediate relatives or spouses of a U.S. citizen) for applicants filing from within the United States average 11.7 months.

Form I-131 (“Application for Travel Document – Advance Parole”):

Applications for advance parole are currently taking 15.3 months to process.

Form I-765 (“Application for Employment Authorization Document”):

The timeline for work permit applications is currently 5.7 months.

Unsure about which immigration path is best for you? Answer a few simple questions to get started.

Wait Times for Naturalization Applications

Processing times for Form N-400 (officially called the “Application for Naturalization”) have decreased in 2023, averaging 6.6 months.

Understanding USCIS Processing Times

To handle the enormous volume of applications it receives, USCIS is supported by field offices across the United States, and each applicant is assigned to a field office based on their ZIP code.

Every field office receives a different number of applications, directly impacting its processing speed compared with other offices. Different USCIS offices have substantially different waiting times, especially if you compare less-populated areas with large cities such as New York or Los Angeles.

USCIS then publishes the processing wait times for each field office and updates the figures once every month.

To find the office handling your case, enter your zipcode into the USCIS search box. This will bring up the relevant field office. Importantly, for some key forms such as Form I-130, Form I-129 and others, a USCIS service center will handle the application.

Once you have found the field office or service center handling your application, head over to the USCIS Case Processing Time tool. In the first dropdown box select your type of application, and in the second dropdown box select the field office or service center that is handling the application.

You will see the processing times presented as a range between two numbers. For example, the processing time range for naturalization applications (Form N-400) at the Seattle, WA field office was 12.5 to 36 months, as of March 31, 2020. The first number reflects “the time it takes to complete 50% of cases (the median)” while the second number refers to the completion time for 93% of cases.

Using these two numbers, you will be able to see a range that the majority of cases are falling into during that specific period of time — remember, these numbers are updated weekly.

What To Do If You Think You’re Waiting Too Long

Checking your case online is simple and USCIS will provide updates to it when available. But the process differs depending on whether you’re applying from within or outside the United States.

As always, there will be a wait time as processing gets underway. But how long is “too long” and how can you inquire about with USCIS about your case?

First, check the processing times for the office or service center handling your application using the USCIS processing time tool. Scroll down to the bottom of the page and there will be a breakdown of the different cases handled under the form.

Choose the category that applies to you and look to the right-hand side under “Receipt date for a case inquiry.” Check your confirmation paperwork from USCIS, looking for the date of receipt of your application. If you applied before this date and have not received a reply to your application, it means you can file a Case Inquiry with USCIS to find out what is happening with your application.

To get an update about a case that falls out of normal processing times, fill out the e-form on the USCIS website. This will notify USCIS and they will look into your case, coming with an answer as to why there is a delay.

This form, however, should only be filled out if your case falls before the “Receipt date for case inquiry.” Contacting them while your case remains within processing times will result in a generic reply to that effect.

Boundless — for people who want the expertiseof an immigration lawyer, not the price tag.

Green card (lawful permanent resident card) processing times depend on several factors. There are several different green card categories. The two broadest are employment-based green cards and family-based green cards. Your green card category, your employment or family relationship that makes you eligible, and where you are applying from all impact how long it will take to get your green card. Backlogs with U.S. Citizenship and Immigration Services (USCIS) also play a role.

This article focuses on how much time it takes, on average, to get different types of family-based green cards. We will look at the application process from start to finish and include information on how to check your green card case status during the process.

Start-To-Finish Timelines for Family-Based Green Cards

The process of adjusting status and getting a green card can take some time. The total wait time varies based on each individual’s situation.

There are five main factors that influence family-based green card processing times:

Because these times can vary quite a bit in different categories, we’ll look at the average timeline to get a green card based on your relationship to the petitioner.

Remember: The beneficiary is the person who will receive the green card. The petitioner is the person who sponsors you when applying for the green card.

How Long Does It Take To Get a Marriage Green Card?

If you are filing an adjustment of status application to get a marriage-based green card, the processing time will depend on whether your spouse is a U.S. citizen or a U.S. permanent resident. It will also depend on whether you live in the United States or not.

If your spouse is a U.S. citizen and you currently live in the United States: It’s currently taking 18-22 months for USCIS to issue permanent resident cards. (Bookmark our Marriage Green Card Processing Time article for weekly processing time updates.)

This process tends to be the fastest because you can file Form I-130: Petition for Alien Relative and Form I-485: Application for Adjustment of Status at the same time. This process is called concurrent filing. You can also apply for a work permit and a travel document (known as Advance Parole) to use while you wait to receive your green card.

If your spouse is a U.S. citizen and you currently live outside the United States: It’s currently taking 12.5-26 months for USCIS and the NVC to issue marriage green cards. (Bookmark our Marriage Green Card Processing Time for Spouses Abroad article for weekly processing time updates.)

If your spouse has permanent resident status: It’s currently taking USCIS an average of 18 months to process Form I-130. Then you will have to wait additional time for a green card to become available for you. You will find out when your priority date appears in the U.S. Department of State’s Visa Bulletin.

After that, you can apply for a green card from within the United States or at a U.S. consulate abroad. It generally takes about two years for a green card to become available, and the whole process can take three years. It may take longer for citizens of Mexico, China, India, and the Philippines.

How Long Does It Take To Get Green Cards for Children?

For minor children of U.S. citizens (children under age 21): The entire process will generally take 10-13 months. There is no limit on the number of immigrant visas for children of U.S. citizens who are younger than 21. After beginning the immigrant petition process, they can usually get a green card in a year or less.

For minor children of green card holders: The process usually takes 23-38 months. They will have to wait for a green card to become available after their sponsor files Form I-130. They can apply for a green card within the United States or abroad. However, they fall into the same eligibility category as spouses of U.S. green card holders, so generally, the USCIS processing times are shorter.

On average, it takes about two years for a green card to become available and three years total to get permanent resident status. It may take longer for citizens of Mexico, China, India, and the Philippines because they have a much higher volume of green card applicants annually.

For unmarried, adult children of U.S. citizens: The process may take 7-8 years. However, one disclaimer — if you are a citizen of the Philippines, it may take 10+ years. If you are a citizen of Mexico, it may take 20+ years. Adult children of U.S. citizens must wait for a green card to become available after their parent files Form I-130. The backlog can be significant.

For unmarried, adult children of green card holders: The process may take 8-9 years. However, if you are a citizen of the Philippines, it may take 10+ years, and if you are a citizen of Mexico, it may take 20+ years.

For married, adult children of U.S. citizens: The immigrant visa application process may take 13-14 years. However, if you are a citizen of the Philippines or Mexico, it may take 22+ years.

How Long Does It Take To Get a Green Card for Widows of U. Citizens?

For widows of U.S. citizens, the process may take 10-13 months. Generally, widows and widowers can apply for immigrant status within two years of their spouse’s death. The processing time for widows is similar to the processing time it takes for spouses of U.S. citizens. However, instead of filing Form I-130, you should file Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant.

If your spouse already filed an I-130 petition for you that got approved before they died, you won’t have to file Form I-360. You just have to inform USCIS of your spouse’s death, so they process the rest of your application as a widow(er).

How Long Does It Take Parents of U. Citizens To Get a Green Card?

For parents of U.S. citizens, the process usually takes 10-13 months. There is no limit on the number of green cards issued in this category. Therefore, you can generally get a green card based on your parent relationship within one year.

How Long Does It Take Siblings of U. Citizens To Get a Green Card?

The process usually takes 14-16 years for siblings of U.S. citizens. However, it depends on your home country:

Only parents, spouses, and minor children categories of green cards have no annual limits.

How To Check Your Green Card Application Status

To check your immigration application status, you need to know which USCIS field office or service center is processing your application. This is usually the same as the office you send your application to, but sometimes USCIS does transfer cases to a different office. If this happens, you should receive an official notice via mail from USCIS.

If you submitted your application from inside the United States, it should be with U.S. Citizenship and Immigration Services (USCIS). You can check your status online using USCIS’s case status tracker tool or you can call the USCIS National Customer Service Center at 1-800-375-5283.

What if You Are Applying While Outside of the U

If you are outside of the United States when you apply for your green card, you’ll use consular processing. In that case, USCIS will first process your application and then send it to the U.S. Department of State’s National Visa Center (NVC). From there, NVC will send it to the U.S. embassy or consulate nearest you.

There were very few changes to the Visa Bulletin this month! Most data stayed the same from May 2023 to June 2023.

For family-based green card applications, there were no changes at all in wait times compared to last month.

For employment-based green card applications, there were only a couple of changes in wait times. The wait time for an EB-3 green card (for other workers) stayed the same for all countries, except for Mainland China where the wait time decreased by 4.5 months. The wait time for an EB-5 green cards for (immigrant investors-unreserved) stayed the same for all countries, except for India where the wait time increased by just over 1 year.

How To Read the June 2023 Visa Bulletin

The Visa Bulletin can be confusing, so we’ve put all the information you need to know in easy-to-read charts below. To find the cut-off date for your category, you’ll need to know your preference category and your priority date.

If your priority date is before the cut-off date listed in the relevant chart below — congratulations! — you can submit your green card application. If your priority date is after the cut-off date, you need to wait to submit your green card application.

There are two different dates on the Visa Bulletin: Final Action Dates and Dates for Filing. Each month USCIS announces which date U.S.-based green card applicants should reference. The information in the tables below will always reference whichever date USCIS has announced for the current month.

Note: For simplicity’s sake, our tables contain the language “All Other Countries” rather than USCIS’s language “All Chargeability Areas Except Those Listed,” but the meaning and intent is the same.

Family-Based Green Cards by Preference Category

There were no changes in green card backlogs for any of the family-based green card categories for the month of June. All wait times—for all categories—stayed the exact same from last month (May), to this month.

Unmarried Children (at least 21 years old) of U. Citizens

There were no changes in the green card backlog in the F1 category compared to last month.

CountryCut-Off DatePrevious Cut-Off DateChange in Wait TimeCurrent Estimated Wait Time

All other countriesJan. 1, 2017Jan. 1, 2017No change6 Years, 3 Months and 6 Days

China – mainland bornJan. 1, 2017Jan. 1, 2017No change6 Years, 3 Months and 6 Days

IndiaJan. 1, 2017Jan. 1, 2017No change6 Years, 3 Months and 6 Days

MexicoDec. 1, 2002Dec. 1, 2002No change20 Years, 4 Months and 6 Days

PhilippinesApril 22, 2015April 22, 2015No change7 Years, 11 Months and 16 Days

Backlog for F2A (second preference) Green Cards

There were no changes in the green card backlog in the F2A category compared to last month.

All other countriesCurrentCurrentNo changeNone

China – mainland bornCurrentCurrentNo changeNone

Unmarried Sons and Daughters of Permanent Residents

There were no changes in the green card backlog in the F2B category compared to last month.

MexicoJan. 1, 2002Jan. 1, 2002No change21 Years, 3 Months and 6 Days

PhilippinesOct. 1, 2013Oct. 1, 2013No change9 Years, 6 Months and 6 Days

Backlog for F3 (third preference) Green Cards

There were no changes in the green card backlog in the F3 category compared to last month.

All other countriesFeb. 8, 2010Feb. 8, 2010No change13 Years, 1 Month and 30 Days

China – mainland bornFeb. 8, 2010Feb. 8, 2010No change13 Years, 1 Month and 30 Days

IndiaFeb. 8, 2010Feb. 8, 2010No change13 Years, 1 Month and 30 Days

MexicoJune 15, 2001June 15, 2001No change21 Years, 9 Months and 23 Days

PhilippinesNov. 8, 2003Nov. 8, 2003No change19 Years, 4 Months and 30 Days

Backlog for F4 (fourth preference) Green Cards

There were no changes in the green card backlog in the F4 category compared to last month.

All other countriesFeb. 1, 2008Feb. 1, 2008No change15 Years, 2 Months and 6 Days

China – mainland bornFeb. 1, 2008Feb. 1, 2008No change15 Years, 2 Months and 6 Days

IndiaFeb. 22, 2006Feb. 22, 2006No change17 Years, 1 Month and 16 Days

MexicoApril 1, 2001April 1, 2001No change22 Years and 6 Days

PhilippinesApri 22, 2004Apri 22, 2004No change18 Years, 11 Months and 16 Days

What This Means for Family-Based Green Card Applicants

If your priority date is before the cut-off date listed above, you can submit your green card application. If your priority date is after the cut-off date, you need to wait to submit your green card application. Your priority date is the date USCIS received your Form I-130: Petition for Alien Relative. You can find your priority date on the Notice of Action (Form I-797) that USCIS sends you to confirm it has received your I-130 application.

Employment-Based Green Cards by Preference Category

There were very few changes in wait times for employment-based green card applicants.

For EB-3 green cards for other workers the wait time stayed the same for all countries except for China (a 4.5 month decrease.) For EB-5 green cards for immigrant investors – unreserved the wait time stayed the same for all countries except for India (a 1 year and 2 month increase.)

Backlog for EB-1 Green Cards for Priority Workers

There were no changes in the green card backlog in the EB-1 category compared to last month.

China- mainland bornFeb. 1, 2022Feb. 1, 2022No change1 Year, 2 Months and 6 Days

IndiaFeb.1, 2022Feb. 1, 2022No change1 Year, 2 Months and 6 Days

Backlog for EB-2 Green Cards for Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability

There were no changes in the green card backlog in the EB-2 category compared to last month.

All other countriesFeb. 15, 2022Feb. 15, 2022No change1 Year, 1 Month and 23 Days

China- mainland bornJune 8, 2019June 8, 2019No change3 Years, 9 Months and 30 Days

IndiaJan. 1, 2011Jan. 1, 2011No change12 Years, 3 Months and 6 Days

MexicoFeb. 15, 2022Feb. 15, 2022No change1 Year, 1 Month and 23 Days

PhilippinesFeb. 15, 2022Feb. 15, 2022No change1 Year, 1 Month and 23 Days

Backlog for EB-3 Green Cards for Skilled Workers & Professionals

There were no changes in the green card backlog in the EB-3 category compared to last month.

All other countriesJune 1, 2022June 1, 2022No change10 Months and 6 Days

China- mainland bornApril 1, 2019April 1, 2019No change4 Years and 6 Days

IndiaJune 15, 2012June 15, 2012No change10 Years, 9 Months and 23 Days

MexicoJune 1, 2022June 1, 2022No change10 Months and 6 Days

PhilippinesJune 1, 2022June 1, 2022No change10 Months and 6 Days

Backlog for EB-3 Green Cards for Other Workers

There were no changes in wait times for EB-3 green card applicants for other workers for any country except China. Applicants from Mainland China saw a 4.5 month decrease in wait time for the “other workers” category of EB-3 green card applicants.

All other countriesJan. 1, 2020Jan. 1, 2020No change3 Years, 3 Months and 6 Days

China- mainland bornSeptember 1, 2015April 15, 2015Decreased by 4 Months and 17 Days7 Years, 7 Months and 6 Days

MexicoJan. 1, 2020Jan. 1, 2020No change3 Years, 3 Months and 6 Days

PhilippinesJan. 1, 2020Jan. 1, 2020No change3 Years, 3 Months and 6 Days

Backlog for EB-4 Green Cards for Certain Special Immigrants

There were no changes in the green card backlog in the EB-4 category compared to last month.

All other countriesSept. 1, 2018Sept. 1, 2018No change4 Years, 7 Months and 6 Days

China- mainland bornSept. 1, 2018Sept. 1, 2018No change4 Years, 7 Months and 6 Days

IndiaSept. 1, 2018Sept. 1, 2018No change4 Years, 7 Months and 6 Days

MexicoSept. 1, 2018Sept. 1, 2018No change4 Years, 7 Months and 6 Days

PhilippinesSept. 1, 2018Sept. 1, 2018No change4 Years, 7 Months and 6 Days

Backlog for EB-5 Green Cards for Immigrant Investors – Unreserved

There were no changes in wait times for EB-5 green card for immigrant investors for any country except India. Applicants from India saw a 1 year and 2 month increase in wait time for the EB-5 green card for immigrant investors

China- mainland bornSept. 8, 2015Sept. 8, 2015No change7 Years, 6 Months and 30 Days

IndiaApril 1, 2017June 1, 2018Increased by 1 Year and 2 Months6 Years and 6 Days

What This Means for Employment-Based Green Card Applicants

If your priority date is before the cut-off date listed above, you can submit your green card application. If your priority date is after the cut-off date, you need to wait to submit your green card application. Your priority date is the date USCIS received your PERM application or (if not required) the date USCIS received your Form I-140 or Form I-526, employment-based visa petition. You can find your priority date on the Notice of Action (Form I-797) that USCIS sends you to confirm it has received your employment-based visa application.

How We Calculate Changes in Wait Time

When the cut-off date changes from one month’s Visa Bulletin to the next, you’ll see a change in wait time listed in the tables above. Here’s the formula we use to calculate this change in wait time:

Prior month’s cut-off date – Current cut-off date = Change in wait time

In our calculations, “Current” equals the date that the U.S. Department of State actually released the Visa Bulletin. Each Visa Bulletin represents a snapshot in time; the data isn’t updated in real-time, but rather gathered and released monthly. Using the actual release date of the Visa Bulletin allows us to best estimate the change in wait time and current wait time for various green card preference categories.

Note: For simplicity’s sake, our tables contain the language “All Other Countries” rather than USCIS’s language “All Chargeability Areas Except Those Listed,” but the meaning and intent are the same.

Is my country of birth important for the Green Card Lottery?

Your country of birth plays an important role in the Green Card Lottery because some countries are not allowed to participate. Countries that are excluded usually have an already high rate of immigration to the USA.

Every country which has received more than 50,000 U.S. Green Cards through other legal immigration paths, such as family- or work-based visas over the last five years, are automatically excluded from the lottery.

How Long Does It Take To Get a Family-Based Green Card?

Unfortunately, if you were born in a country that is not currently eligible for the Green Card Lottery, you have no chance of winning a Green Card.

The list of excluded countries, therefore, can change from year to year. It is worth the time to check the list of excluded countries regularly to see if new counties have been added or taken off the list.

Please take note that your nationality plays no role in the Green Card Lottery. Only your country of birth according to current borders is important in deciding if you can participate in the drawing.

Exceptions for people born in an excluded country

There are, however, exceptions! People born in an excluded country can still apply to the Green Card Lottery under certain conditions. They are when:

Why would a Green Card renewal be denied?

There are cases where the renewal of a Green Card does not get approved by USCIS. Some possible reasons are:

PERM Process

PERM labor certification processing can take up to 15 months (1.2 years) in total with no premium processing available.

The U.S. Department of Labor (DOL) issues PERM approval to certify that:

PERM process has multiple sub-steps and all have to be completed by your sponsoring US-based employer, usually the same as H1B or L1 sponsor.

#1 Job Ads 2-3 months

The first step in sponsoring an employee’s PERM is to make a real recruitment effort to hire Americans.

Employer has to:

The employer’s financial documents are required to prove their ability to pay the wage offered at the time of PERM filing.

#2 PWD – Prevailing Wage Determination 1-3 months

Prevailing Wage Determination identifies the minimum salary paid at the work location (city) for a similar type of job.

Attorneys suggest that an employer should file PWD after completing Job Ads step. They can file PWD in parallel with advertisement but is not recommended as it might be the reason for Audit later.

Most good employers file PWD only after completing Job Ad step.

Check current prevailing wage determination time.

#3 File PERM

Employer can file PERM after Job Ad and PWD steps have been completed.

You will need:

The PERM application is generally filed electronically on DOL’s flag website free of cost.

Track PERM Status Online

You cannot track your PERM status online on the FLAG website as it can only be accessed by your employer or attorney.

How to track PERM processing time?

My Green Card renewal was denied

If USCIS denies your request for a Green Card renewal and you think their argumentation is not right, you may be eligible to file an appeal or a motion. You will receive a letter from USCIS explaining their decision. Use their exact words and correct the facts in detail to explain and describe where they are wrong and why.

How do I renew or change my Green Card?

Your physical Green Card has a validity of 10 years. You must have it with you at all times as it proves that you are a lawful permanent resident. We will explain what to do when the validity of your Permanent Resident Card is about to expire or has already lost its validity.

List of excluded countries

Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except for Northern Ireland) and its dependent territories, Venezuela and Vietnam.

Persons born in Macau SAR and Taiwan are eligible.

How Long Does It Take To Get a Family-Based Green Card?

The countries that are allowed to participate in the Green Card Lottery change regularly.

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Is it better to renew my Green Card or to apply for US citizenship?

If you have to decide whether to apply and wait for Naturalization (becoming a US citizen) at once or renew your Green Card (instead of or before), ask yourself what you plan to do in the United States while potentially waiting for your US Citizenship to be approved.

Naturalization can take up to 20 months, and the fee is $725, while your Green Card renewal would add $540 or more to the bill. But the question is: Would you risk your Green Card expiring while waiting for US Citizenship just to save costs?

The reasons to go for a Green Card renewal before the Naturalization process can be:

Apart from that, there are many good reasons to immediately apply for US citizenship once you meet all the requirements:

And last but not least, after becoming a US citizen, you will never have to pay a USCIS fee again.

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FAQ

Can a PERM be filed from outside USA?

PERM can be filed even if you are outside US or have not joined the employer in the US yet.

How soon can I get USA Green Card?

The total time from start to finish for an employer-sponsored Green card is based on the country of a birth specific queue. Most of the countries have immediate GC availability except China & India.

India has the longest waiting time in terms of GC availability.

What this means is that if you are an Indian and started the GC process in 2019, you can’t file an i485 application unless your country’s Priority date reaches 2019.

Hence, the total time apart from the timings mentioned above (for 3 mandatory paperwork) is this waiting time for your country’s queue to reach your year.

How to renew a Green Card when outside the USA

If your Green Card expires while you are abroad, you first have to contact the US embassy or consulate and let them know that your card has expired. You will be informed about all special requirements for your case by US government officials.

When going through the renewal process abroad, you will also attend your biometrics appointment at the nearest US embassy or consulate.

If your Green Card is about to expire within the next six months, but you will return to the United States before the end of validity, you do not have to contact the US embassy or consulate. File for your Green Card renewal immediately after your return to the US.

When to renew a Green Card inside the USA

If you are in the US, you should start the Green Card renewal process six months before the expiration date. In case your Green Card has already expired, you need to file for renewal immediately.

Note: If you plan to travel abroad, you need to start the renewal process in time because you must present your valid Green Card to get back into the country.

I can’t afford the fees for my Green Card renewal

If you cannot afford the filing fee, you might be able to obtain a fee waiver from USCIS. Therefore, you must prove that you are going through severe financial hardship.

A few things to keep in mind here:

Am I eligible for a Green Card renewal?

You are eligible to renew your Green Card if:

– is about to expire within six months, or

– already has expired, or

– was lost, damaged, stolen, or

– was meant to be sent to you by the officials but never arrived, or

– has a conditional status that has to be removed, or

– contains wrong information, and

What education or work requirements must I meet?

People who do not fulfill the above requirements cannot, unfortunately, apply for the lottery. If you have doubts, The American Dream is here to assist and advise you.

If it is not possible for you to participate in the Green Card Lottery, you can still travel to the USA with an ESTA or apply for a US visa for longer trips across America.

What happens if I don’t renew my Green Card?

The validity of your Green Card has nothing to do with your status as a legal US resident. However, it is your responsibility to keep the information on your Green Card always up-to-date.

According to Section 264(e) of the Immigration and Nationality Act (I.N.A.), you can be fined up to $100 or go to jail for up to 30 days if you get caught without your Green Card. This could also cause problems for you when you want to apply for US citizenship later.

In most cases, taking up employment, opening a bank account, or getting a driver’s license is almost impossible without a valid Green Card. Also, an expired Green Card can hinder you from re-entering the United States after traveling abroad.

Is there an age requirement for the Green Card Lottery?

Principally, there is no age requirement to apply to the lottery, but be aware that effectively people under the age of 16 cannot fill the education requirements.

I-485 Adjustment of Status

Form i485 has to be filed by your employer if your PD date is current.

i-485 is a form that is commonly known as ‘adjustment of status’ as you technically ask USCIS to change your status from work visa to a Green card while you continue to stay in the USA.

USCIS issues an immigrant visa (called Green Card) to the applicant and any dependents (spouse and/or children) under 21.

Once it is approved, the status of the applicant is adjusted from “non-immigrant” to “immigrant.” (Lawful permanent resident status).

You can check Current i485 filing fees on USCIS website.

I-485 EAD card

You can get an unlimited work permit called EAD card while your green card application is pending. This is called i-485 EAD card.

i485 EAD processing time is usually 90 days. i485 EAD is issued for a period of 1-2 years and can be renewed until i485 is pending.

I-485 Processing Time

i485 processing time varies from 10 to 12 months depending on your priority date. The PD date should remain current in the USCIS visa bulletin to get an approval.

If you are outside the USA and your PD date gets current, you can apply for a green card at the US embassy.

Why do I need to renew my Green Card?

Your Green Card is proof that you have permission to live and work in the USA permanently. Also, when you are traveling abroad, the Green Card will be the document that gets you back into the country. Therefore, you have to carry a valid Green Card with you everywhere you go. US laws state that you must be able to show your valid Permanent Resident Card at all times.

In which cases do I need to renew my Green Card?

There are numerous circumstances under which you will need to renew your Green Card. For example, if:

How long does it take to renew a Green Card?

The processing times for Green Card renewals differ depending on the circumstances. Usually, they should take between 4 and 6 months but can even amount to 10 to 12 months. You can check the current processing times using the website egov.uscis.gov/processing-times/.

Note

Due to increased processing times at USCIS Service Centers, your physical Green Card is automatically valid for 24 months beyond the expiration date if you have submitted your I-90 form on time. Therefore, always carry the old (possibly already expired) Green Card and your I-90 receipt from the USCIS (also known as Form I-797) with you.

I-140 Immigrant Visa Petition

I-140 application is filed by sponsoring the employer and locks your Green card priority date. You can apply H1B transfer using pending I-140 at the time of job change.

The I-140 must application has to be supported by the approved PERM application.

The i-140 approval notice shows:

i140 processing time is 6-8 months in regular application. i140 premium processing gets approval in 15 days.

Sample i797 approval for I140:

How Long Does It Take To Get a Family-Based Green Card?

Sample i140 approval notice – i797

Spouses of H1B workers with approved I-140 approved can file for the H4-EAD work permit.

How do I pay the Green Card renewal fee?

When submitting your Form I-90 petition online, you will be able to pay online on pay.gov. In all other cases, you can choose between a money order, a check, or a credit card.

The Green Card renewal process

The procedure of a Green Card renewal varies depending on the reason for the replacement. There are three different types of Green Card renewals:

If your Green Card of 10 years validity is expiring, you need to file Form I-90 with USCIS to replace your Permanent Resident Card.

If your Green Card has a 2-year conditional status based on marriage, you need to file Form I-751 to remove the conditions on your residence.

If your Green Card has a 2-year conditional status based on investment, you need to file Form I-829.

The Green Card renewal process contains the following steps

Registering for the Green Card Lottery takes place online and is non-binding.

In the application form, you must give personal details like your first and last name, date of birth, country, and city of birth, level of education, as well as a digital photo. This information is also required for each member of your family, with the exception of their passport details.

Language skills

Many USA fans ask us about how good their English skills must be to apply for the Green Card Lottery. Principally, participants must not prove any special language skills. Many of our winners have quite the story to tell! Without speaking a word of English, many people have participated in the lottery, won, and successfully emigrated to the USA! We still recommend that you attend English courses at a language school so that you are best prepared when you win the lottery.

Proof of finances

Furthermore, applicants must not provide proof of their finances at the time that they apply for the Green Card Lottery. This information will first be requested once the Green Card has been won.

How much does it cost to renew a Green Card?

In most cases, you pay $540 to renew your Green Card, which includes the $455 filing fee and the $85 biometrics services fee. However, the filing fees vary in some cases:

Disclaimer: This is not legal guidance. Procedures and fees are subject to change.

When will my Green Card expire?

To identify the status of your Green Card, please take a look at it. If you have a current Green Card with a validity of ten years, you should see two dates at the bottom:

How Long Does It Take To Get a Family-Based Green Card?

If there’s no expiration date on your Green Card, you have an old version that needs to be replaced immediately.

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