Changing your visa status to a Green Card is a key step in becoming a permanent resident of the United States. This process, known as adjustment of status, allows individuals who are already
in the U.S. on a temporary visa to transition to a permanent one. Here’s a breakdown of the process, with real-life examples to make it clearer.
Step 1: Determine Eligibility for Adjustment of Status
The first thing you need to do is determine if you’re eligible to change your status. Common pathways to Green Card eligibility include family sponsorship, employment, asylum, or a lottery
win.
For example, Maria, who was on a student visa (F-1), decided to change her status after marrying a U.S. citizen. She was eligible to adjust her status because she had a legitimate
marriage with a U.S. citizen.
Step 2: File the Correct Forms
Once you’re eligible, the next step is filing the appropriate forms. The main forms you need are:
- Form I-485: Application to Register Permanent Residence or Adjust Status
- Form I-130 (if applying based on family sponsorship): Petition for Alien Relative (this is typically filed by the U.S. citizen spouse, relative, or employer)
For Rajesh, an Indian national on an H-1B work visa, his employer filed Form I-130 to sponsor him for a Green Card based on employment. Rajesh then submitted Form I-485 to adjust his
status while he was still living in the U.S.
Step 3: Submit Required Documents
Along with your forms, you’ll need to submit various supporting documents, including:
- A copy of your passport and visa
- Proof of your relationship (marriage certificate, job offer, etc.)
- Proof of lawful entry into the U.S.
- Medical examination results (Form I-693)
For Maria, she included her marriage certificate, proof of her husband’s U.S. citizenship, and a medical examination form as part of her submission.
Step 4: Biometrics Appointment
After submitting your forms, you’ll be scheduled for a biometrics appointment. This involves taking your fingerprints, photograph, and signature for background checks. Rajesh recalls being
nervous about this part, but the process was fast and straightforward.
Step 5: Attend the Interview
In many cases, USCIS will require an interview to confirm your eligibility for adjustment of status. During the interview, an officer will ask you questions about your background and
immigration history. If you’re adjusting status based on marriage, the officer will likely ask you questions about your relationship to ensure the marriage is bona fide.
Maria and her husband had a joint interview, where they were asked questions like, “How did you meet?” and “What was the wedding like?” This was to confirm that their marriage was
genuine and not for immigration purposes.
Step 6: Wait for the Green Card Approval
After your interview, there’s a waiting period while USCIS processes your application. For Rajesh, the waiting time was several months. It’s important to stay patient during this period, as
the process can take anywhere from a few months to over a year, depending on the case.
Step 7: Receive Your Green Card
If your application is approved, you’ll receive your Green Card in the mail. If your marriage is under 2 years old at the time of approval, you’ll receive a conditional Green Card, which is valid
for two years. After two years, you’ll need to file Form I-751 to remove the conditions and get a permanent Green Card.
For Maria, after her interview, she received her conditional Green Card within 3 months and was on her way to permanent residency.
Timeline for Changing Status to a Green Card
- Form I-130 processing: 6-12 months (for family-based cases)
- Form I-485 processing: 8-14 months
- Biometrics appointment: Scheduled 1-2 months after application submission
- Interview: Typically 6-12 months after filing, depending on USCIS workload
- Green Card issuance: Within 1-2 months after approval
Real-Life Tips for a Smooth Process
- Stay Organized: Ensure all your forms are filled out correctly and include all necessary documents. Rajesh found that keeping a checklist helped him stay organized throughout
the process - Be Honest in the Interview: Be truthful during your interview and provide complete information. Maria and her husband found that clear, honest answers helped make their
interview experience smoother - Seek Legal Help if Needed: If you encounter complex issues, such as past immigration violations, consulting an immigration attorney can make the process much easier. Rajesh
consulted a lawyer to make sure his work visa status and employment sponsorship were handled correctly
Conclusion
Changing your visa status to a Green Card can seem complicated, but with the right guidance and preparation, it’s entirely possible. Whether through family, employment, or other pathways,
you can transition to permanent residency in the U.S. like Maria and Rajesh did.
Ready to get started? With the right forms and expert advice, the path to a Green Card is within reach!
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