Before we get into the process for applying for a "green card" it is important to clarify what a green card actually is. A "green card" is a slang term commonly used to define a lawful permanent resident card, which is a U.S. government document issued to those who obtain lawful permanent resident status. The term was developed because a lawful permanent resident card used to be green in color. So now that we've got that out of the way let's move on to discuss applying for a green card.

Who qualifies for a green card?

Generally speaking, in order to apply for a green card you must have a close familial relationship with a U.S. Citizen or lawful permanent resident. (You may also apply for a green card based on employment with a U.S. company but that type of green card is beyond the scope of this article.) U.S. immigration law gives preference for green cards based on the type of relationship between the U.S. Citizen or the lawful permanent resident and the prospective immigrant. The highest preference is given to immediate relatives (parents, spouses, and children) of U.S. Citizens. There is no annual limit on the number of green cards that can be granted to immediate relatives of U.S. Citizens. The remainder of the green cards available available each year are divided into 4 preferences.

• First Preference: Unmarried sons and daughters of U.S. Citizens
• Second Preference: Spouses, children, and unmarried sons and daughters of lawful permanent residents
• Third Preference: Married sons and daughters of U.S. Citizens
• Fourth Preference: Brothers and sisters of adult U.S. Citizens

Because there are numerical annual limits on these preferences there are substantial waits for these visas. To see a a current list of wait times see the visa bulletin.

How do you apply for a green card?

If you've determined that you or your relative may qualify for a green card, the U.S. Citizen or lawful permanent resident must file a petition on behalf of the foreign national relative. To do this the U.S. Citizen or LPR must file Form I-130 with the USCIS. If the petition is approved it will be forwarded to the National Visa Center for further processing. The NVC will hold the petition until an immigrant visa is available for the foreign national relative. This may be immediately if the relative is an immediate relative of a U.S. Citizen (parent, spouse or child.) Otherwise it may be several years before a visa is available. In either case, once a visa becomes available the NVC will forward the approved I-130 petition to the U.S. Embassy abroad where you or your relative will be schedule for an interview and (hopefully) be issued an immigrant visa.

The green card process can be a long and complicated process. If you would like more information about applying for a green card or would like assistance with your application please contact us for your free consultation.