For many immigrants, obtaining a green card is the culmination of a long-held dream. A green card is proof of your legal status as a lawful permanent resident of the United States. It grants you the right to work and reside in the U.S. indefinitely, travel in and out of the country with fewer restrictions, and eventually apply for U.S. citizenship if you choose.
But the path to a green card is seldom quick or easy. The process can be difficult, bureaucratic, and often frustratingly slow.
One of the most common questions aspiring green card holders ask is, “How long will it take to get my green card?” It’s a simple question with a complicated answer.
The reality is that green card processing times can vary widely depending on a host of factors, from the type of green card you’re seeking and your individual circumstances to the workload and efficiency of the government agencies involved. Some applicants may receive their green card in a matter of months, while others may wait years or even decades.
Green Card Categories and Processing Times
There are several different ways to obtain a green card, each with its own eligibility criteria, application process, and estimated timeline. Let’s take a closer look at each of the main categories:
1. Family-Based Green Cards
One of the most common paths to permanent residency is through a family relationship with a U.S. citizen or lawful permanent resident. Family-based green cards are divided into two main categories:
- Immediate Relatives: This category includes unmarried children under 21, spouses, and parents of U.S. citizens. There is no annual limit on the number of green cards available for immediate relatives, which means they generally have the shortest wait times.
- Family Preference: This category includes more distant family relationships, such as unmarried adult children of U.S. citizens, spouses and children of permanent residents, married children of U.S. citizens, and siblings of U.S. citizens.
To apply for a family-based green card, the U.S. citizen or permanent resident sponsor must first file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
Once the petition is approved, the foreign family member can apply for an immigrant visa through consular processing abroad or, if already in the U.S., apply for adjustment of status using Form I-485. The total processing time includes both the I-130 petition and the subsequent visa or adjustment of status application.
2. Employment-Based Green Cards
Another significant pathway to permanent residency is through employment in the United States. Employment-based green cards are divided into five preference categories, each with its own eligibility criteria and annual numerical limits:
- EB-1: Priority workers, including persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers. Processing times: 6-18 months.
- EB-2: Professionals with advanced degrees and persons of exceptional ability. Processing times: 1-5 years.
- EB-3: Skilled workers, professionals, and unskilled workers (other workers). Processing times: 2-9 years.
- EB-4: Special immigrants, including religious workers, certain U.S. government employees, and others. Processing times: 1-3 years.
- EB-5: Immigrant investors who invest $900,000 to $1.8 million in a new commercial enterprise that creates at least 10 full-time jobs. Processing times: 3-5 years.
The employment-based green card process typically begins with the employer in the U.S. filing Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign employee.
In some cases, the employer must first obtain labor certification from the Department of Labor to show there are no qualified U.S. workers available for the position. Once the I-140 is approved, the employee can apply for an immigrant visa or adjustment of status, depending on their location and visa availability.
Processing times for employment-based green cards can vary significantly based on the preference category, the applicant’s country of origin, and the workload of the relevant government agencies. In addition, there are per-country caps that limit the number of green cards available to nationals of any one country in a given year, which can lead to longer wait times for applicants from high-demand countries like India and China.
3. Humanitarian Green Cards
The United States also offers several humanitarian programs that provide a path to permanent residency for certain vulnerable populations. These include:
- Asylum: Individuals who have suffered persecution or fear future persecution in their home country based on their religion, nationality, race, political opinion, or membership in a particular social group can apply for asylum in the U.S. Asylees can apply for a green card one year after being granted asylum. Processing times: 6 months to several years.
- Refugee Admissions: Individuals who have been identified as refugees by the United Nations High Commissioner for Refugees (UNHCR) or a U.S. embassy can be admitted to the U.S. through the Refugee Admissions Program. Refugees can apply for a green card one year after admission. Processing times: 6-12 months.
- Special Immigrant Juveniles (SIJ): Certain children who have been abused, abandoned, or neglected by one or both parents can obtain SIJ status and eventually apply for a green card. Processing times: 1-3 years.
- Violence Against Women Act (VAWA): Certain abused children, spouses, and parents of U.S. citizens or permanent residents can self-petition for a green card under VAWA without the abuser’s knowledge or consent. Processing times: 12-24 months.
- U Visas: Victims of certain crimes who have suffered substantial physical or mental abuse and who cooperate with law enforcement in the investigation or prosecution of the crime may be eligible for a U visa. U visa holders can apply for a green card after three years of continuous presence in the U.S. Processing times: 2-3 years.
Humanitarian green card programs often have specific eligibility requirements and application processes that differ from family or employment-based petitions. Processing times can also be highly variable depending on the individual circumstances of the case and the workload of USCIS and other agencies involved.
Factors That Affect Green Card Processing Times
While the above timelines provide a general idea of what to expect in each green card category, it’s important to understand that actual processing times can vary widely based on a number of factors. These include:
Background and Security Checks
All green card applicants must undergo thorough background and security checks before their application can be approved. These checks are conducted by multiple government agencies and can take several months to complete, especially if there are any issues or discrepancies in the applicant’s background. In some cases, additional documentation or an in-person interview may be required, further extending the processing time.
Country of Origin
As mentioned above, there are per-country caps that limit the number of green cards available to nationals of any one country in certain categories. For example, in the employment-based categories, no more than 7% of the total number of visas can be issued to nationals of any one country in a given year.
This means that applicants from high-demand countries like India and China may face much longer wait times than applicants from other countries, even if they have an approved petition and meet all other eligibility criteria.
Reach Out to a Trusted Immigration Attorney
At LegalMatch, we understand the challenges of the green card process, and we’re here to help. Our network of experienced green card attorneys can provide the guidance, support, and advocacy you need to confidently navigate the process and achieve your goals.
Whether you’re seeking a family-based, employment-based, humanitarian, or diversity visa green card, we can match you with a lawyer who has the skills and experience to meet your needs.
Don’t let the uncertainty of green card processing times deter you from pursuing your dreams. With the right mindset, strategy, and support, you can overcome the obstacles and delays and achieve the security and stability of permanent residency in the United States. Take the first step today by using LegalMatch and scheduling a consultation with one of our trusted immigration attorneys.
