- 1). Determine the category for getting the green card. The first step in obtaining permanent residence is determining whether it will be family-sponsored, employer-sponsored or for a different reason. Each category requires different steps.
- 2). Receive a visa. If the category for obtaining a green card is through an employer, the employer must file a Form I-140, Immigrant Petition for Alien worker, which will be filed with the USCIS. That agency reviews the form and determines whether it will schedule an interview with the employee for gaining a visa.
To receive a visa through a family sponsorship, the person is usually required to be engaged or married to a U.S. citizen. A visa is applied for through a K-1 Fiance form or an I-130 family visa form. - 3). File Form I-485, Application to Register Permanent Residence. This form refers to obtaining a green card. Once a visa is approved and received by the worker, the worker can file for permanent resident status.
For an engaged person filing for a visa, after the visa is approved the couple must marry within 90 days. The foreign spouse then can apply for a green card through Form I-485.
For a couple that is already married, the U.S. citizen spouse must file a Form I-130 on behalf of the foreign spouse to obtain a green card. - 4). Apply through a family member. Foreign people can apply through a relative, such as a parent or sibling, if the family member is a U.S. citizen. This process is typically very lengthy and can take up to five years. The U.S. citizen must file Form I-130 on behalf of the relative wanting permanent residence. After the person receives a visa, he applies for a green card with Form I-485.
- 5). Apply as a refugee or asylum-seeker. Green cards are sometimes approved in these special circumstances. The process is the same, except they must be applied for through a U.S. consulate or embassy.
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