Published on August 23, 2023 · 7 min read
Whether you’re applying for a green card from outside or inside the U.S.
The type of green card you seek
The number of green cards available in a given category
The volume of applications the United States Citizenship and Immigration Services (USCIS) receives
Issues that arise during the application process
People married to U.S. citizens or legal U.S. permanent residents are entitled to apply for a green card. To do so, you must submit Form I-485 and Form I-130. Where you mail the forms depends on your location and which forms you’re filing. If your spouse is a U.S. citizen, you have the advantage of being able to file both forms together. Doing so might change how long it takes to get a green card after marriage.
Currently, people married to a U.S. citizen should expect wait times between approximately 12 and 22 months after submitting an application from within the U.S. and nine to 13 months when submitting an application from outside the U.S.
The current wait time for spouses of permanent residents applying from within the U.S. is around 12 to 22 months. However, people married to permanent residents who apply from outside the U.S. should expect to wait between approximately 18 and 33 months.
Widows of U.S. citizens
Parents of U.S. citizens
Minor children of U.S. citizens and permanent residents
Unmarried adult children of U.S. citizens and permanent residents
Married adult children of U.S. citizens
Siblings of U.S. citizens
Eligible family members of U.S. citizens and permanent residents must submit Form I-130 and either Form I-485 or Form DS-260 based on whether they’re applying from within or outside of the U.S.
An applicant’s relation to a U.S. citizen or permanent resident may severely affect how long it takes to get a green card. For example, there are no legal caps on the number of spouses, parents and minor children of U.S. citizens who can obtain a green card each year. These individuals may expect wait times to average between one and two years.
However, minor children of permanent residents, adult children and siblings face caps that significantly increase wait times. Minor children of permanent residents might wait three to five years, while adult children and siblings might wait decades, depending on your current citizenship.
EB-1 for people of extraordinary ability
EB-2 for advanced degree holders
EB-3 for skilled workers, professionals and unskilled workers
EB-4 for certain special immigrants
EB-5 for immigrant investors
Most immigrant workers must be sponsored by a U.S. employer who must fill out a Permanent Labor Certification (PERM) application and Form I-140. Once Form I-140 is accepted, the individual seeking a green card is given a priority date. Once a priority date is provided, the person may apply for an employment-based green card. Those seeking an employment-based green card based on EB-1, EB-4 or EB-5 eligibility might have to follow a different process.
Due to the cap on employment-based green cards, it’s difficult to estimate wait times accurately without specific details of an individual case.
Those who fear or experienced persecution in their home country based on race, religion, nationality, political opinion or membership in a social group (i.e., refugees and asylum seekers)
Victims of human trafficking who live in the U.S.
Victims of substantial physical or mental abuse who live in the U.S.
They may pursue a U visa—a nonimmigrant visa for victims of crimes—and apply for a green card after three years in the U.S. while satisfying other eligibility requirements.
Or they may apply for a green card based on the Violence Against Women Act (VAWA), which, despite the name, also applies to men.
Identifying the avenues through which you might qualify for a green card
Figuring out the most advantageous strategy for your circumstances
Identifying the required forms and completing them correctly before filing
Rectifying any post-filing issues
Representing you at hearings or other court appearances
Your family & immigration law firm
We are Marble - a nationwide law firm focusing on family & immigration law
See my bio page
Get started right away