What is a Green Card?

A Green Card is the common term for the permanent resident card, characterized by its green color, issued by the U.S. Citizenship and Immigration Services (USCIS), the government agency responsible for processing immigration applications and petitions. This card is issued to permanent residents who are nationals of other countries, legally residing in the United States and have decided to make it their home and is obtained through a family petition or an employment-based petition.

What is Adjustment of Status?

Adjustment of Status is the process wherein a non-citizen present in the United States applies for permanent residency while in the country by filing an application with the USCIS, as opposed to consular processing, which is a process completed at a U.S. consulate abroad, allowing the beneficiary of an immigrant petition to permanently immigrate to the United States. The adjustment of status application can be done in one step, which is the combination of the immigrant petition (I-130 relative petition or I-140 petition for alien worker) and the adjustment of status application form itself (I-485 application). It can also be done in two steps, with the immigrant petition filed first and then the adjustment application filed after.

I just filed an adjustment of status application. What should I expect next?

If you filed a green card application with USCIS, here’s a general outline of the next steps in the process:

1. RECEIPT NOTICE. Soon after you mail out the application to USCIS, you will receive a receipt notice confirming that they have received your application. This notice will contain a receipt number, which you can use to track your application on the USCIS Case Status page. You may also receive information on how to set up a USCIS online account.

2. BIOMETRICS APPOINTMENT. In a few weeks, you should be receiving a biometrics appointment notice, inviting you to go to an application support center where they will capture your biometrics (fingerprints, photos) as part of the background check to be completed before the issuance of your work permit and advance parole.

3. WORK PERMIT AND ADVANCE PAROLE. After the requisite background check has been completed, USCIS will issue the employment authorization document (EAD), typically referred to as a work permit, which allows you to legally work in the United States while your green card application is pending. USCIS will also issue the travel permission/advance parole document which allows you to travel abroad while the green card application is pending without abandoning your application. In most cases, you will be issued a work permit-advance parole combo card, which you can use as proof of work authorization and travel permission. Generally, these are issued between 1 month to 5 months after the application is received at USCIS. Processing times vary and you can check the current USCIS processing times here.

4. REQUEST FOR EVIDENCE. If USCIS needs additional evidence or information for your application, they will issue a Request for Evidence (RFE). For example, if you failed to provide your medical examination with the initial application packet, then they will ask you to mail this to them by issuing an RFE. If you created an online account, you may also upload requested documentation through the online portal. Statutorily, the maximum response time for an RFE is 12 weeks (84 days), which means that the response must be received by USCIS before the end of that period. In some cases, USCIS issues a Notice of Intent to Deny (NOID), when derogatory information is uncovered during the course of the adjudication, there is little or no evidence submitted in support of the application and other situations required by regulation.

5. INTERVIEW. These days, USCIS has been waiving interviews for green card applications to address the years long backlog. However, there are still many cases where USCIS requests the applicants to attend an interview. In this case, it is important to review the information and documentation you provided to USCIS note down any updates and provide any necessary additional documentation. Read our tips for your marriage-based interview.

6. DECISION. After the interview or the review of documentation if an interview is waived, the USCIS will issue a decision. If the officer determines that you have met all eligibility requirements, then your application will be approved and you will receive your green card in a couple of weeks or so after the decision is made. However, if the officer determines that you are ineligible for permanent residency or have not proven your case, then the officer denies your application.

What else should I know?

If you filed an application based on marriage and you have been married less than two years by the time the green card application is approved, then you will be issued a conditional green card valid for two years. In this case, you must file another application to remove the temporary conditions on your residence.

If you move while your application is pending, you must inform USCIS of this address change by filing form AR-11. This is to ensure that you timely obtain all the notices and updates regarding your application.

We have over a decade of experience helping immigrants obtain their permanent residence. If you would like our assistance, please contact us. We’re here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.

RELATED CONTENT:

• 10 Steps to a Successful Marriage-Based Green Card Application

• Can I naturalize after three years of permanent residence based on marriage to my U.S. citizen spouse?

• What documents are required when proving a bonafide marriage?

Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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