How quickly can you apply for a green card?
The green card application process begins immediately upon eligibility. However, employment-based applicants, particularly those in EB-2 and EB-3 categories, often face a significant delay. The prerequisite PERM labor certification can extend the timeline by 18 to 24 months before the application itself is even considered.
How Quickly Can You Really Apply for a Green Card? The Truth Behind the Timeline
The alluring promise of a green card – permanent residency in the United States – often leads to a crucial question: how quickly can I get one? The answer, unfortunately, isn’t a simple number. While the application itself can be submitted immediately upon meeting eligibility requirements, the actual processing time varies dramatically depending on several factors, most notably the applicant’s category.
The misconception that the process starts and ends with submitting the application is a common pitfall. For many, the journey to a green card begins long before the paperwork even reaches the United States Citizenship and Immigration Services (USCIS). This is particularly true for employment-based applicants, who make up a significant portion of green card recipients.
Let’s break down the timeline:
The Ideal (and Uncommon) Scenario:
For some applicants, like those with immediate relatives who are U.S. citizens or permanent residents, the process can be relatively swift. If all the necessary documentation is meticulously prepared and submitted correctly, the processing time can be significantly shorter, though still subject to USCIS’s current backlog. However, even in these ideal scenarios, expect months, not weeks.
The Reality for Employment-Based Applicants (EB Categories):
This is where the timeline drastically lengthens. Employment-based green cards, categorized as EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers), often involve a crucial preliminary step: PERM labor certification.
This process, managed by the Department of Labor (DOL), aims to verify that no qualified U.S. workers are available for the position before a foreign worker can be sponsored. This step alone can take anywhere from 18 to 24 months, sometimes even longer, depending on various factors including the specific occupation, geographic location, and the DOL’s processing workload.
Only after a successful PERM certification is obtained can the actual green card application (Form I-140) be submitted to USCIS. Then, the applicant faces another waiting period for USCIS processing, which itself can range from several months to several years depending on the category, current backlogs, and individual case complexities. This means a total processing time potentially exceeding three years, and often much longer for EB-2 and EB-3 categories.
What This Means for You:
The “how quickly” question regarding green card applications is best answered with a realistic assessment of your specific situation. If you are an employment-based applicant, prepare for a significantly longer journey than those in family-based categories. Thorough preparation, including securing experienced legal counsel, is crucial to navigating the complexities and potential delays inherent in the process. Understanding the various stages involved, particularly the PERM labor certification for employment-based applicants, allows for better management of expectations and a more informed approach to this often lengthy and demanding process.
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