The Decision to Migrate and the Green Card Process

The decision to migrate is almost never a frivolous one. Most of us would prefer to stay in our homeland, where we have our family and friends, memories, commitments, assets, and simply where things are familiar.

We step out of our comfort zone, venturing into the unknown with the hope of a more positive outlook on our future. Many times, we are seeking to get a better future not for ourselves, but for our children.

The United States of America (USA) is the country with the largest number of immigrants within its population. The process of migrating to the USA can be very long and stressful. Some persons wait over twenty (20) years for the opportunity to migrate to the USA.

Ways of Obtaining a Green Card

There are many ways in which individuals can migrate to the USA and become a Legal Permanent Resident, otherwise known as obtaining a ‘Green Card’. The eligibility categories to apply for a green card include, through family, employment, special immigrant status, etc.

In this article, we will focus on the green card through family category. This category is the method by which most persons legally migrate to the USA and obtain their green card.

The family based green card is further broken down into the following sub-categories:

• Immediate relative of a US citizen (spouse, unmarried child under 21 years old, and parent)
• Other relative of a US citizen (unmarried child who is at least  21 years old, married child, and sibling who is at least 21 years old)
• Relative of a legal permanent resident/ green card holder (spouse and unmarried child)
• Fiance(e) of a US citizen, and the fiance(e)’s child
• Widow(er) of a US citizen
• Abused spouse or child of a US citizen or legal permanent resident/ green card holder
• Abused parent of a US citizen

The Green Card Process

The green card process can be completed while the US citizen and their foreign relatives are within the USA, this process is known as Adjusting Status. When adjusting status, your foreign relatives do not have to return to their home country to complete the process.

On the other hand, the US citizen can commence the process while their foreign relatives are outside the USA, this process is known as Consular Processing. With consular processing, the green card process is completed at a US Department of State consulate abroad. Once the process is complete and approved, your foreign relative can come to the USA and be admitted as a permanent resident.

Having recently gone through the process of migrating to the US with my family under the immediate relative of a US citizen category via Adjustment of Status, I am sharing my experience with you so that you can know the process and what to expect.

Step 1: Gather and Review Documentation for Accuracy and Consistency

The most important thing that anyone considering the green card process can do, is to read and re-read ALL of the instructions associated with the process and each of the required forms. There is a lot of information available online, but always make sure that you vet this information against the official information available on the government’s website.

As you gather the required documentation, for example birth certificates, marriage certificates, passports, social security card(s), divorce papers, etc., it is CRITICALLY IMPORTANT that you verify that all of your information is consistent across ALL of your documents.

For example, some countries may allow slight misspellings of your names across different documents. Some countries are even okay with using a person’s first and middle names interchangeably. This WILL NOT be acceptable to the U.S. Citizenship and Immigration Services (USCIS) as you go through the green card process. Therefore, ensure that you correct any and all inconsistencies before you start the green card process. It will save you time, money, and the potential of being denied.

Some persons will tell you that you should engage an attorney to assist you with your green card application process. My advice however is that the forms are extremely instructive, and as long as you carefully follow the procedures as laid out in the forms step by step, this is a process that you can undertake on your own.

By completing the process on your own, you will save yourself hundreds, if not thousands of dollars in lawyer fees, bearing in mind that having a lawyer does not give you a better chance of approval, nor can any lawyer provide any guarantees that you will be successful.

Step 2: Establish Family Relationship

Once you have completed your research and gathered all of your documentation, it is time to begin the application process. The first step is to determine eligibility by establishing the qualifying family relationship between the US Citizen and their foreign relative(s).

Eligibility is determined by completing and filing form I-130, Petition for Alien Relative.

• Processing time: 6-10 months (in my family’s situation, our I-130 forms were all approved in 8.5 months)
  
  
• Fees: $535

Step 3: File the Adjustment of Status Related Forms

Once you have established the eligibility of your foreign relative to be granted a green card, the next step is to apply for the  green card by completing and filing form I-485 Application to Register Permanent Residence or Adjust Status.

• Processing time: 8-24 months (in my family’s situation, our I-485 forms were all processed, and we received our interview date in 8.5 months)
  
  
• Fees: The fees associated with form I-485 fall into several categories:
  • $750 – Under 14 years old AND filing with at least one parent
  • $1,140 – Under 14 years old and NOT filing with at least one parent (no biometrics fee required)
  • $1,225 – Ages 14-78 (inclusive of an $85 biometrics fee)
  • $1,140 – Ages 79 or older (no biometrics fee required)

Much of the information which you provided on form I-130 will be repeated on form I-485. In addition to information about your biographical, employment, family relations, etc., you will need to provide:

• Details of your last arrival to the USA: To support the details around your arrival, you will need to provide a copy of your Form I-94, Arrival-Departure Record, which will provide evidence of the details of your arrival to the USA, and also provide evidence that you were inspected at a USA port of entry on your last arrival.
  
  
• Evidence that you, as the US citizen petitioning for your foreign relative, have adequate means to financially support your foreign relatives once they are admitted to the USA. Persons who are granted green cards are not expected or allowed to become a public charge, by relying on the US government for financial support.
  
  You prove that you have adequate means by completing and filing form I-864 Affidavit of Support. The minimum income requirement to prove your ability to financially support your family is based on the HHS Poverty Guidelines in effect for the time period of your application. Generally, you must demonstrate that your income is at least 125% of the HHS Federal Poverty Guidelines for your household size.
  
  You do not have to stand alone with this financial support however. If you are unable to meet the minimum income guidelines, you can get a Joint Sponsor. In this situation, your joint sponsor can sponsor some or all of your foreign relatives.

While not required, you should apply for an employment authorization document (EAD) at the same time that you complete form I-485. The EAD, once approved, will allow your foreign relative(s) to obtain a social security number and be employed while their green card applications are being processed.

You apply for your EAD by completing and filing form I-765 Application for Employment Authorization. If filed with form I-485, there is no processing fee. However, if you file this form separately, there is a fee of at least $410.

If you move while your application is pending, you MUST file form AR-11 Alien’s Change of Address Card within 10-days of changing address. This will ensure that your address on record with the USCIS is up to date, reducing the risk that you will miss any time sensitive communication.

To summarize the adjustment of status application process, you will be completing and filing the following forms all together as a single package:

• I-485 Application to Register Permanent Residence or Adjust Status (for each relative)
• I-864 Affidavit of Support (for each relative)
• I-765 Application for Employment Authorization (for any relative who may need to work while the green card application is in progress). Your relatives will receive their EAD within 3-5 months.

Step 4: Attend Bio-metrics Screening

Several weeks after you file the adjustment of status forms for your foreign relatives, you will receive an appointment to visit a USCIS Application Support Center (ASC) to capture your biometrics (fingerprint, photograph, etc.).

The notification you receive from the USCIS will indicate the date, time and location of your assigned ASC. The location of your assigned ASC will depend on your home address in the US. As a result, it is important that you keep your address up to date.

My family received their biometrics appointment five (5) weeks after filing our adjustment of status forms.

Step 5: Receive Interview Notification and Complete Medical Examination

After you have properly established the eligibility of your relatives to qualify for a green card, have correctly filed all of the required forms as indicated in the steps above, and attended your biometrics appointment, you can expect to hear from the USCIS  in 8-24 months, notifying you of your scheduled interview date and time.

Your interview notice will arrive approximately 3-4 weeks before the actual interview date. At this point, the next step in the process will be to obtain a medical examination from one of the USCIS designated doctors.

WAIT: It is important to note that form I-693 Report of Medical Examination and Vaccination Record with your medical results is only valid for 60 days. Therefore, I advise that you wait until you get your interview notice before getting the medical examination completed, or you may risk having to repeat the test and incur those medical costs a second time.

This medical examination comprises of a physical check up, blood tests, verification of vaccinations, HIV and other STD tests. If the doctor determines that your vaccinations do not meet the requirements of the USCIS, you will need to get any of the missing vaccinations, and return to the doctor for him or her to complete your examination.

The doctor will record the results of your medical examination by completing form I-693 Report of Medical Examination and Vaccination Record. There is also a section on this form for you to complete with your information and sign.

The doctor should provide you with a copy of this completed form I-693, and place the original in a SEALED envelope for you to present to the USCIS official(s) during your interview. Exercise caution with this, as the USCIS officers will not accept the results if the envelope is unsealed.

Please do not blindly trust that the doctor will accurately complete your form I-693. It is crucial that you take responsibility for the accuracy of your forms. In my experience, I found errors on one of my daughters’ form I-693, requiring us to return to the doctor to have the form corrected.

There is no fee associated with the form itself, but you are responsible for paying the doctor for the medical examination. Each doctor sets their own fee, and based on my experience, the fee ranges between $150 and $500 per person. Also, if there are vaccinations which you need to get, you are responsible for any costs associated with those vaccinations.

Step 6: Attend Interview

It is now time for you and your foreign relatives to attend your interview. You should plan to walk with originals AND copies of ALL of the evidence already submitted in support of your Adjustment of Status case. That is passports, birth certificates, marriage certificates, tax forms, divorce decrees (if applicable), etc.

At this stage, it is better to be over prepared and have too much information, than to be lacking information. In addition to the evidence already submitted, you should walk with evidence which supports that your marriage is a legitimate one. Evidence that your marriage is legitimate includes:

• photos of family vacations
• wedding photos
• general family photos showing that you both interact with each others’ families
• joint bank or other financial statements
• joint lease agreements
• joint property documents (vehicle, house, etc.)
• joint utility bills

You should arrive at the interview location at least an hour ahead of your scheduled time. On entering the location, there is a security checkpoint similar to what you experience at airports. Depending on the time of day, there might be a line, and a bit of a wait to get through the security process.

Once inside, you check in by showing your interview notification, and wait to be called. The interview is nothing to be feared, since you have truthfully and accurately filled out the information on the forms.

When you get into the interview room, you are sworn in, and advised that the interview will be recorded. The general setting of the interview is conversational. The officer will discuss the information included in your filed forms, and you will confirm the information as accurate. They may ask questions about information on the forms, and your answers should be consistent with the information included in the forms.

My family had a pleasant experience during our interview. Our USCIS agent made us feel at ease throughout the entire interview process. Overall, our time conducting the actual interview was less than 30 minutes.

At the end of the interview, you will be given a Notice of Interview Results. This is a standard notice, indicating that your case is being held for review. This notice also indicates that you should allow for 120 days before making any inquiries into the status of your case.

Step 7: Congratulations, welcome to the USA

You have completed all of your filings, and attended the interview, all that is left now is for you to receive your Legal Permanent Resident Card or ‘Green Card’ (form I-551). Once your interview was successful and the USCIS does not require any additional information, you can expect to receive your green card in the mail within 6-12 weeks. My family received their green cards in six (6) weeks after our interview was conducted.

Summary

The green card process is lengthy, and can be stressful at times. However, if you pay attention to detail and have patience, you can successfully complete this process on your own and enjoy the benefits which come with having a green card.

I would like to hear from you in the comments. Have you been through or are you currently going through the green card process? What did you find challenging? And most importantly, GOOD LUCK with your journey!

Disclaimer

I am not a licensed attorney or an agent of the USCIS or any other government agency. The information detailed above is based on my personal experience and research. The views expressed here are my own and can not be construed as professional advice.