How Nonimmigrants in the US Can Apply for a Green Card

Nonimmigrants in the United States seeking permanent residency must follow different procedures depending on whether they are in the country or abroad. 

The two main routes are adjustment of status and consular processing. Adjustment of status allows eligible foreign nationals already in the United States to apply for permanent residency without leaving the country. This route can apply to people such as H-1B workers and F-1 students. Those outside the United States generally must use consular processing through a US embassy or consulate abroad.

The first requirement is eligibility. US immigration law provides several categories through which a person may qualify for permanent residency, including family-based and employment-based categories. Applicants must establish that they qualify under one of these categories before proceeding.

In many cases, the process begins with an immigrant petition filed by a sponsoring relative or employer. Once the petition is approved, the applicant may generally file Form I-485, Application to Register Permanent Residence or Adjust Status, if a visa is available.

Visa availability is a separate requirement. The Department of State's Visa Bulletin sets out when immigrant visas are available in different categories. Immediate relatives of US citizens are not subject to the same numerical limits as most other family-based and employment-based applicants, so visas in these categories are generally available without a waiting list based on annual numerical limits.

Other applicants may have to wait until their priority date becomes current. The Visa Bulletin contains separate charts for Final Action Dates and Dates for Filing Applications. The Department of State and US Citizenship and Immigration Services determine which chart applicants may use in a particular month.

In some cases, applicants may file the immigrant petition and Form I-485 at the same time. This is known as concurrent filing. It is generally possible when an immigrant visa is immediately available, including for immediate relatives of US citizens and certain employment-based applicants.

After Form I-485 is filed, the applicant is normally required to attend a biometrics appointment at a local Application Support Centre. USCIS collects fingerprints, photographs and signatures as part of its background-check process. USCIS may also schedule an interview. During the interview, applicants may be asked under oath to confirm information about their eligibility and supporting documents. 

USCIS then issues a written decision. If the application is approved, the applicant receives a Permanent Resident Card, commonly known as a Green Card. If the application is denied, USCIS provides the reason for the decision. Depending on the circumstances, an applicant may be able to file a motion to reopen or reconsider the case. Appeals are generally not available for adjustment-of-status decisions.

The process differs significantly for people who apply from within the United States and those who apply from abroad. Adjustment of status allows eligible applicants to pursue permanent residency without leaving the country, while consular processing requires applicants abroad to complete the process through a US embassy or consulate.

For applicants subject to numerical limits, visa availability can also affect how long the process takes. The Green Card process therefore involves several stages, from establishing eligibility and securing an immigrant petition to meeting visa-availability requirements and completing the final application procedures.