FAQ

Priority date is crucial for employment-based Green Cards:

• Definition: The date your I-140 petition was filed with USCIS
• Your place in line: Determines when you can file I-485 (adjustment of status)
• Visa Bulletin: Published monthly, shows which priority dates are "current"
• Must be current: Your priority date must be current before filing I-485

Additional Information:

• Priority date is "locked in" when I-140 is filed
• Even if I-140 is approved later, priority date stays the same
• Check Visa Bulletin monthly for your category and country
• India and China have long backlogs - priority dates move slowly
• Once current, you can file I-485 and get work permit and travel document

Permanent Green Card (10-year):

• Standard Green Card valid for 10 years
• Renewable indefinitely
• No conditions to remove

Conditional Green Card (2-year):

• Issued for marriage-based Green Cards (if married less than 2 years)
• Valid for 2 years
• Must file I-751 to remove conditions within 90 days before expiration
• Must prove bona fide marriage

Yes, but you need Advance Parole:

• File Form I-131 (Application for Travel Document) with I-485
• Advance Parole allows re-entry while I-485 is pending
• Without Advance Parole, leaving U.S. abandons I-485
• Processing time: 3-5 months

Important: Don't travel without Advance Parole if I-485 is pending. If you have valid H-1B/L-1, you can use that to re-enter instead.

Visa Bulletin is published monthly by Department of State:

• Shows priority date cutoffs for each Green Card category
• Determines when you can file I-485 or get Green Card
• Has Final Action Dates (when visas available) and Filing Dates (when can file)
• Published monthly (around 10th of each month)

For India/China: Priority dates move slowly. Check monthly for updates. Dates can move forward or backward.

I-485 (Application to Register Permanent Residence):

• Application form to adjust status to permanent resident
• Filed when priority date is current
• Processing takes 6-12 months typically
• After approval, you get Green Card

Green Card (Permanent Resident Card):

• Physical card proving permanent resident status
• Issued after I-485 approval
• Valid for 10 years (or 2 years if conditional)
• Must renew before expiration

Yes, you can work while I-485 is pending if:

• You have valid work authorization (H-1B, L-1, EAD, etc.)
• Or you file I-765 (EAD application) with I-485
• EAD from I-485 allows work for any employer
• Can continue working on existing work visa while I-485 pending

Benefits of I-485 EAD: Not tied to employer, can work in any field, more flexibility than H-1B.

Green Card interview (I-485 interview) typically covers:

• Verification of information in application
• Questions about your background, employment, family
• Review of supporting documents
• Biometrics (if not done earlier)
• For marriage-based: Questions about relationship, may interview separately

Preparation: Bring all original documents, be honest, answer questions clearly. Interview can be waived for employment-based in some cases.

Yes, you can lose Green Card if:

• You abandon permanent residence (live outside U.S. too long)
• You commit certain crimes or immigration violations
• You obtained Green Card through fraud
• You fail to remove conditions (for conditional Green Cards)

Abandonment: Living outside U.S. for extended periods (6+ months) may be considered abandonment. Get re-entry permit if planning long stay abroad.

Re-entry permit allows Green Card holders to stay outside U.S. longer:

• Valid for up to 2 years
• Allows absence of up to 2 years without abandoning Green Card
• File Form I-131 before leaving U.S.
• Processing time: 3-6 months

When needed: If planning to stay outside U.S. for 6+ months but less than 2 years. Without it, extended absence may be considered abandonment of Green Card.

Yes, U.S. citizens can sponsor parents:

• Must be U.S. citizen (not Green Card holder)
• Parents can be any age
• No annual cap or waiting period
• Process takes 1-2 years typically
• Must show financial support (Form I-864 Affidavit of Support)

Note: Green Card holders cannot sponsor parents. Must become U.S. citizen first. Siblings can also be sponsored by U.S. citizens (but has long wait times).

Green Card (Permanent Resident):

• Can live and work permanently in U.S.
• Can travel freely
• Cannot vote
• Must renew every 10 years
• Can be lost in certain circumstances

U.S. Citizenship:

• All rights of Green Card plus right to vote
• Cannot be lost (except through fraud in naturalization)
• Can sponsor family more easily
• Can get U.S. passport
• Must naturalize (usually after 5 years as Green Card holder)

The Green Card process timeline varies significantly based on several factors:

• EB-1 (Extraordinary Ability/Priority Workers): 1-2 years - Fastest category
• EB-2 (Advanced Degree/Exceptional Ability): 2-5 years - Requires master's degree or exceptional ability
• EB-3 (Skilled Workers/Professionals): 3-7 years - For bachelor's degree holders
• EB-4 (Special Immigrants): Varies - Religious workers, special cases
• EB-5 (Investors): Varies - Investment-based

Additional Information:

• India: 5-10+ years for EB-2, 10-15+ years for EB-3 (due to high demand)
• China: 3-8+ years for EB-2, 5-10+ years for EB-3
• Other Countries: Generally faster, 2-5 years
• When your I-140 petition was filed determines your place in line
• Check Visa Bulletin monthly for current priority dates
• Your priority date must be "current" before you can file I-485