Updated: Feb. 10, 2020.

‍

So you've mailed your green card application and are anxiously waiting for whatever comes next. What happens now?

After you submit the Form I-485, along with all the other required forms, there are still a few more steps to take before you become a permanent resident in the United States. This guide will help you understand each one of those steps.

Have not submitted your application yet? Here's a guide on how to prepare your application.

1. Receipt of Application

Approximately 30 days after filing

Once USCIS has received your application, they should send you a receipt within approximately 30 days.

If you attached a Form G-1145, E-Notification of Application/Petition Acceptance along with your Form I-485, you will also receive a confirmation email or text message within 24 hours of your application being accepted.

Both the physical receipt and the e-receipt will have a receipt number on them. You can use this number to check your case status and see how far along your case is in the application process.

Note: If you submit the Form I-485 without a signature or without the correct filing fee, USCIS will send you a notice that your form is incomplete. You may then fix the problem and re-submit it. If they need more evidence, USCIS may request (RFE) originals of the copies you provided them. These original documents will be returned to you when they are no longer needed.

2. Biometrics Services Appointment Notice

Approximately 3-5 weeks after filing

After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will be used to verify your identity and run background checks. Sometimes this can happen within 3-5 weeks, but the timeline varies considerably.

You should review your Form I-485 information before the biometrics appointment. Your signature at the biometrics appointment will indicate that your application was complete, true, and correct. When you go to your appointment, take with you:

• Your ASC appointment notice.
• Valid photo ID (such as a passport, driver's license, or state-issued photo ID card).
• A translator if you cannot understand spoken English.

3. Interview Notice

Approximately 4-10 months after filing

You will probably be requested to appear at a USCIS office to answer questions about your Form I-485. You will receive a notice that will tell you when and where the interview will take place. Bring with you original:

• Passports
• Official Travel Documents
• Form I-94
• Copy of your Form I-485
• All other originals of the documents that you submitted with your Form I-485, even if the documents are now expired.

It is best to appear at all USCIS appointments (including interviews and biometrics appointments) on the scheduled date. However, if you are sick, you can follow the instructions on your appointment notice to reschedule.

4. Receive Permanent Residence

Approximately 8-14 months after filing

After your interview, the USCIS will send you a written notice of their decision. If you are approved, you will receive your green card in the mail soon after. If your application is denied, the decision notice will explain why. It will also state whether you can appeal the decision or not. Even if it says that you cannot appeal the decision, you may still be able to file a motion to reconsider. To file an appeal or a motion you will use Form I-290B, Notice of Appeal or Motion.

Other Tips

Avoid leaving the United States while your application is pending.

If you plan to leave the US while your application is pending, even if it a short trip to Mexico or Canada, make sure that you have the right documentation to leave and re-enter the US. You will probably have to file Form-131 to obtain either an Advanced Parole Document or a refugee travel document. You will not need to file Form-131 if you are an H, L, V, or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status, and you return with a valid H, L, V, or K3/K4 nonimmigrant visa. If you leave the country without proper documentation, your Form I-485 may be denied, or you may not be able to lawfully re-enter the US.

Moving & changing your address.

If you move, it is important to promptly inform the USCIS so that you do not miss any mailed notifications about your application. Update your address with the USCIS within 10 days of moving. In most cases, you can do this online at the USCIS website.

Ask for help.

If you have questions or need help with any part of your application, please feel free to reach out to our support team. We're here to help!

As a foreigner, upon entering the United States you will receive the Form I-94, Arrival/Departure Record. This document, issued by a Customs and Border Protection (CBP) Officer, provides you basic information about your stay such as your arrival date, visa status, and the date you are required to leave the U.S.

There are now two formats in which you may receive your Form I-94 - paper and electronic - but as of April 30, 2013, most Arrival/Departure Records are created electronically. In this case, you will be given an annotated stamp in your passport instead of a paper form. If you are provided a paper Form I-94, a CBP officer attaches it to your passport and stamps your departure date on the form.

Although an electronic version cuts down on paper and drastically decreases the possibility of losing your document, it can be slightly more complicated to access, especially if it's your first time locating your record. Don't worry though - here's a guide on how to access your electronic Form I-94, along with a few useful tips and tricks.

How to Access Your Form I-94

To access your I-94 record, go to CBP's website. Once there, click on the Get Most Recent I-94 button. A page will then pop up requiring you to agree to the following terms before continuing: "By accessing this website, you understand and acknowledge that: You are declaring under penalty of perjury pursuant to 28 U.S. Code § 1746 that you: (1) are only seeking records about yourself, (2) are seeking records about someone for whom you are the legal guardian, or (3) you have the consent of the person whose records you are seeking. You are not authorized to access this website to retrieve records of another person unless you are the person's legal guardian or you have the person's consent." After consenting, you will see a page similar to the screen shot below. Enter the required information.

I-94 Website Travel Records for U.S. Visitors - U.S. Customs and Border Protection

[caption id="attachment_2080" align="aligncenter" width="800"]

I-94 Website Travel Records for U.S. Visitors - U.S. Customs and Border Protection[/caption]

Entering the data in the required fields, if done correctly, will allow you to access your electronic Form I-94. However, all information must be entered accurately; even one simple misspelling or formatting error will prevent you from accessing your record. If you're having trouble accessing your record, try the following troubleshooting tips.

Enter your name exactly as it is written on your passport. If this does not work, attempt to enter your name in a different format.

• Check your visa, airline ticket, boarding pass, or your submitted Form DS-160, Online Nonimmigrant Visa Application (if available) for any variations in the spelling of your name. If there are differences, try entering each one as they appear on these documents.
• In some countries, the first name may be written as the last name on the passport. If this is the case, try switching the order of your names.
• Your passport may include both your first and middle name, but your electronic Form I-94 may list these both as your first name. It's also possible that your middle name is not included in the electronic record. Pay attention to these details.
• If your name is hyphenated, and you cannot gain access to your electronic I-94 by entering your name as it appears, remove the hyphen and try again. Likewise, if you have two first or last names with a space between them, such as "Mary Anne," try entering them without a space as "Maryanne."
• Each name field has a 25-character limit. If your name exceeds 25 characters, try entering it without any spaces as far as it will allow you.

Check Your Passport

Consider multiple entry options for your passport number.

• If both letters and numbers appear in your passport number, try entering a space after the letter(s). For example, if your passport number appears as LR573892 on your passport, try entering it as LR 573892.
• If the date your passport was issued is part of the passport number, try removing these digits when you enter it in.
• If you have a Mexican passport, try entering your passport number without the first two digits. You can also try removing the last two digits.
• If the valid visa is in an expired passport, try entering the old passport number instead of the new one used for entry.
• Sometimes the passport booklet number differs from the number listed on your bio page. Try both.

If You Still Can't Access Your Form I-94

If you still cannot access your electronic Form I-94 after trying the above tips, the next step is to call or visit your local CBP deferred inspection office. Some offices can solve most problems over the phone, but others may require an in-person visit.

Passports and visas are official travel documents that all foreign citizens coming to the United States must have to show one's country of citizenship and legal status in the U.S., as well as to enter and leave the country. Losing these important documents can be very stressful - here's a short guide to help relieve some of that stress and move forward.

First of all, don't worry. Your visa is needed only to enter the United States; it has no relevance to your stay here after entry. In other words, if you happen to lose your visa while already in the country, you may remain the entire length of your authorized stay (as shown on your admission stamp or Form I-94, Arrival/Departure Record) without any problems. You will, however, need a valid passport to depart the United States and enter another country. For information on how to replace your passport and visa, follow the steps outlined below.

Search

Make sure your passport/visa are actually lost and not just misplaced. Search your home, luggage, wallet/purse, and anywhere else you may have stored them. Ask family members and travel partners if they have any knowledge of the documents' location.

File a Police Report

If you still cannot find your passport/visa, go to your local police station and report your document(s) lost or stolen. If you have copies of the original documents, bring them with you. You will then be issued a police report detailing the incident. Make a copy of the report for your own records.

Report Loss of Your Passport

Contact or visit your country's embassy or consulate in the U.S. to notify them of your missing passport and for instructions on how to obtain a new one. If you think your passport has been stolen, reporting this will help guard against fraudulent use. It is extremely important that you perform a thorough search before you report it lost or stolen, because once reported, your passport is no longer valid for travel. However, if you find your passport after having reported it lost or stolen, it may still be used as a valid form of personal identification.

• If you do not have another form of photo identification, contact your country's embassy/consulate to find out what alternate documents you may need.

Report Loss of Your Visa

To report your visa lost or stolen, email the U.S. Embassy or Consulate outside the United States that issued your visa. Go to the U.S. Embassy or Consulate website to locate the corresponding email address and contact information. Be sure to include your full name, date and place of birth, current address in the United States, and your email address. Clarify whether your visa was lost or stolen, and if you have a copy of it include it in the email. If you know the category of visa you have or your passport number, include these too.

Like your passport, if you have already reported your visa as lost or stolen to the U.S. Embassy or Consulate but later find it, your visa will be invalid for future use, and you will have to apply for a new one.

Applying for a Replacement U.S. Visa

For future travel into the United States, you will need a new visa. Unfortunately, lost or stolen visas cannot be replaced in the United States. For replacement, you must apply in person at a U.S. Embassy or Consulate abroad. When you apply for a visa replacement, you will need:

• A written account documenting the loss of your passport and visa
• A copy of the police report

A Few Things to Keep in Mind

• Again, you won't have any problems remaining as long as originally authorized, but you will need a new passport before you return home. The replacement process can take time, so begin as soon as possible to ensure that you have a new one in time for your return trip.
• Some embassies and consulates may offer faster processing procedures, so ask if them if there is a way to process the new passport quickly.
• Traveling while you wait for your new passport can be risky, so try to postpone travel plans until you receive your new passport.
• If you need to complete an I-9 for employment (employment verification form), wait until you have your new passport before processing the form.

One Last Tip

We recommend making copies of all travel documents in your possession as soon as possible after arriving in the United States. These include your passport biographic page, visa, and admission stamp or Form I-94. That way, if you do lose one or all of these important documents, the recovery/replacement process will be that much easier. Remember to stay calm, follow the procedures outlined here, and respond to all questions and embassy/consulate employees honestly and accurately - before you know it, you'll be along your way as if nothing ever happened. Safe travels!

Last Updated: January 15, 2020.

‍

The biometrics appointment sounds technical and is often intimidating for people, but it's usually a very straight-forward appointment! In order to confirm your unique identity, the USCIS collects data for many reasons, one is to ensure that whenever YOU sign a document in the future, it really is you! It also helps deter people with criminal records from applying for USCIS benefits for which they are not eligible. Here are some of the most common questions about the appointment, as well as some common problems and how to prepare for them.

What exactly does “biometrics” mean?

Biometrics is the process of capturing your unique features by putting your fingerprints, photograph, and signature on file so that the USCIS can confirm your identity in the future.

Who has to attend the biometrics appointment?

The USCIS can require biometrics from any applicant, sponsor, or beneficiary living in the US for any immigration or naturalization purposes. After filing your application, petition, or request you will receive a notice telling you where and when you need to go for the appointment.

If you are under the age of 14, you may choose to sign if you are able to, or a parent or legal guardian may sign on your behalf.

How should I prepare for the biometrics appointment?

It is a good idea to make copies of your application, petition, or request. You may bring a copy (as the USCIS will not provide you with one), but you should also do this to keep for your records and to review your forms before the appointment.  Your personal appointment notice will include specific instructions on what you need to bring. Everyone MUST bring the ASC appointment notice (Form I-797C) and a valid photo ID (like a green card, passport, or driver’s license).

For most people, the biometrics appointment is nothing to be worried about! If you think you have a criminal background, you may want to contact a lawyer for further advice.

What should I expect at the biometrics appointment?

You will first be asked to reaffirm the following “Acknowledgement of Appointment at USCIS Application Support Center” statement:

I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.

If you cannot reaffirm that this is true, your appointment will be rescheduled until you can refile your paperwork.

Given that everything you submitted was true, the USCIS will capture your fingerprints (either 2 or all 10, depending on the type of ASC notice you received), your photograph, and your digital signature.

What if I am applying from outside the United States?

The process is a bit different in this case. When you file your Application for Naturalization (Form N-400) you have to include your completed fingerprint cards (Form FD-258) and two passport style pictures. For specific instructions and details regarding those, look here and here, respectively.

If you are active duty military or are applying under sections 328 or 329 of the Immigration and Nationality Act and you live outside the U.S., look here for more information.

What if I require assistance?

Many people require assistance for the appointment. Here are some of the common issues people may have, and the solutions provides by the USCIS to make this process as easy as possible.

Common Concerns

I can’t speak English.

You may bring someone with you who can translate for you.

I can’t read English.

For the “Acknowledgment of Appointment” statement, you should go here to select the language you can read and review the translation before your appointment.

I have a disability that prevents me from signing my name.

They will accept any mark (such as an “X”) as a signature. If you cannot provide this, there are other procedures in place to capture your biometrics.

I have a disability that will require further assistance.

You may bring a family member, attorney, or accredited representative to assist you.

I have a disability that will require further accommodation.

As soon as you arrive you should speak to the ASC immigration services officer for help. There are tons of accommodation services available, but you will likely need to request them in person. You can also try contacting your local Application Support Center before the appointment. Their contact information should be on your appointment notice.

Why might I have additional biometrics appointments?

Because biometrics data is only considered valid for 15 months, you may be required to attend more than one if your application is pending for longer than 15 months. You will also have to attend a new appointment should you apply for a different USCIS benefit.

What if I am uncomfortable with the government having my fingerprints and other personal data?

Unfortunately, if you refuse to provide anything that is asked of you during the biometrics appointment, your application will more than likely be refused. Biometrics are being used increasingly around the world and seem only to be gaining popularity by international law enforcement and immigration services, so you will likely be asked to provide similar levels of data to obtain a visa or green card in most countries.

Updated: October 1, 2021

What is a "Request for Evidence?"

What is a Request for Evidence and what does getting a letter of Request for Evidence mean for your application?

The letter means USCIS needs more information to process your application. RFEs are fairly common but are serious in nature. They must be responded to in order to keep your application on track. But don't worry, getting an RFE does not mean your case is denied and preparing a response can be fairly simple. Keep reading to learn what to do if you receive an RFE.

What happens if I get a Request for Evidence?

USCIS will send a letter to the address you've provided that explains what additional information they need from you in order to move forward with your case. For tips to avoid an RFE click here.

The RFE will have a deadline. You must respond by the deadline. This deadline is usually in the first paragraph and in BOLD. The typical time to respond is about 87 days, but USCIS will sometimes give a specific date or timeframe for you to respond.

Example: An RFE may say something like, “you must submit the information within 87 days”. Treat this timeline seriously and do not delay submitting the necessary information or evidence that they are requesting.

When you are getting ready to send in the requested information indicated in the RFE, make sure to review the letter carefully. You must respond to all information requested at one time. USCIS will not allow you to send more evidence later. You only get one response. Make sure that you attach a cover letter explaining what you are sending in, why you are sending it in and any other information that might be helpful.

The RFE will include instructions for where to send the response. In some cases you'll need to include the original RFE letter with your response, while in other cases USCIS only requests a copy of the RFE letter.  Whether you are required to send the original or the copy, attach it to the very top of your response. Make sure that it is the first page and the first thing that the USCIS officer sees when they open your application.

The RFE should include an address for you to send the response packet to. Make sure that you send the RFE response to the address listed. It will be different than the original USCIS address that you sent your application to.

Let us know

Immigration issues can be tricky. If you have any questions about your specific Request for Evidence or your immigration case, there are experienced professionals that can help.  

If you are a customer of SimpleCitizen and you've received an RFE please reach out to us via live chat, email or phone. RFE responses are included with the Professional package we offer. Do not hesitate to reach out and ask for help.

Last Updated: January 15, 2020.

‍

Self-Employed Sponsor and Form I-864

What you need to know about having a Self-Employed Sponsor fill out Form I-864. One of the requirements to get a green card is having a financial sponsor file the I-864, Affidavit of Support. This USCIS form is basically a contract between the financial sponsor, the immigrant applicant and the US government. As part of the contract, the sponsor must meet certain income requirements to qualify as a financial sponsor for the immigrant. Like every form on the green card application, several documents must be submitted as supporting evidence for the information provided in the application.

Submitting supporting evidence for a sponsor that is currently employed is fairly straightforward. The sponsor needs to attach their most recent federal tax return, a letter from their employer and pay stubs for the past 6 months. These requirements become useless when the sponsor is either self-employed or retired.

Self-Employed Sponsors & Form I-864 Supporting Documents

The USCIS actually has a few guidelines when it comes to proving an income amount for a sponsor that is self-employed or a business owner. The USCIS suggests that self-employed sponsors should attach the following photocopies of documents to their I-864, Affidavit of Support:

• Total and Complete Tax Return: All schedules associated with the federal return including Schedule C (Profit/Loss from Business), Schedule D (Capital Gains/Loss), Schedule E (Supplemental Income/Loss) and Schedule F (Profit/Loss from Farming).
• Business Licenses and registrations.
• Signed and dated statement about the nature of the business and the sponsors involvement.
• Bank Statements for the previous 6 months.

Retired Sponsors & Form I-864 Supporting Documents

If the sponsor that is submitting the Form I-864, Affidavit of support is retired, a similar problem exists. Again, the goal for a retired financial sponsor is to simply provide independent evidence that establishes a steady flow of income matching the amount reported in the Form I-864. This can be accomplished by providing the following documents:

• Recent Pension Statements and Current Pension Payment Receipts
• Social Security Documents that indicate payments
• Complete Tax Returns
• Bank Statements for the previous 6 months

As you are working to complete your green card application and fill out a correct Form I-864, make sure that you are avoiding some of the other pitfalls of the financial sponsor for a green card. Making sure that you are calculating the household size correctly or including the accurate income amounts are a few of the important things to remember when working on this application. SimpleCitizen is a do-it-yourself tool to help you avoid these common mistakes. We are the only truly comprehensive service, guiding users from signup to citizenship while ensuring their application is correct and complete at every stage.

Last Updated: January 18, 2023.

‍

When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document. When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. This article will explore some of those limitations.

The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney. 

Before Travel Authorization is Granted

Traveling inside the US Before Travel Authorization is Granted

Before USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending.
However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. Because of this, any interactions with US immigration while traveling presents the potential for issues.

Additionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned.

Traveling outside the US Before Travel Authorization is Granted

After submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. Doing so would result in the green card application being denied and could lead to misrepresentation investigations. 

*NOTE: While some dual-intent visas allow for continued travel while a green card application is pending, traveling on a dual-intent visa before the Advance Parole/Travel Authorization is approved likely means that USCIS will deny Form I-131 and will not grant Advance Parole. 

Overall, it can be beneficial for an applicant wishing to travel internationally to wait until USCIS has granted them Travel Authorization before they travel outside the United States. If this travel authorization is pending, an applicant would need to consider whether they have a valid document that will allow for their re-entry into the US and whether they accept the potential repercussions of abandoning their pending application and subsequent denial of the Green Card. 

Navigating Travel after Travel Authorization/Advance Parole is Granted–But While the Green Card application is Still Pending

Currently, the average wait time for the Travel Authorization/Advance Parole document adjudication is around 9-12 months, while the Green Card application itself may take anywhere from 12-24 months to be approved. Due to these timelines, USCIS will likely grant an applicant’s travel authorization while the Green Card application is still pending approval. 

When USCIS issues the Travel Authorization/Advance Parole document, an applicant is essentially authorized to travel in and out of the US while their green card is still being processed. However, after this travel authorization has been approved, there is still some risk that an applicant could experience difficulties re-entering the US or miss important USCIS notices while they are out of the country. This article will discuss these potential risks in greater detail below.

Risks of traveling While a Green Card application is pending

Risks During Re-entry

After international travel, re-entry into the United States is ultimately at the discretion of the US Customs and Border Protection agent, who inspects upon arrival. This means that even if someone has been granted Advanced Parole and has a valid travel authorization document, US Customs and Border Protection can still technically deny their re-entry. Thus, travel authorization does not guarantee entry into the United States.

While generally, there are no issues re-entering, there is always a risk. These cases are not typical, and you can diminish risk by following laws and regulations and not committing crimes that could jeopardize your ability to reenter the United States.

Risks of missing time-sensitive USCIS notices while traveling

The Biometrics Appointment
In the weeks after someone submits a green card application, USCIS will mail them a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). The appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for the ASC appointment. It is recommended that this appointment is attended whenever possible, as it can be challenging to reschedule.

If you are traveling abroad on a dual-intent visa when you get the notice for the biometrics appointment, it could be challenging to return to the United States in time to make the appointment.

Notices for Requests for Evidence

When USCIS needs more information for a case, they issue a “Request for Evidence” (commonly called an RFE). The RFE letter comes in the mail, and USCIS typically outlines what documentation must be submitted and issues a deadline by which they must receive that information. They specify that the applicant must submit the requested documents to them before that deadline. Cases that do not respond to the RFE by that deadline will have their green card application denied. 

Applicants wishing to travel abroad while the green card application is pending will want to be aware that if they receive an RFE while they are away, they will need to respond to the RFE before the deadline or risk having their application denied.

The Green Card Interview with USCIS

In the months after completing your biometrics, USCIS will schedule an interview with a USCIS officer. This interview is conducted in person and is arguably the most important moment in the process of getting a green card. USCIS will mail you an appointment notice (Form I-797C, Notice of Action) which will include the date, time, and location for your interview. It is critical that applicants don’t miss this appointment. Be aware that, in some cases, USCIS can schedule the appointment within weeks of issuing the notice. If you are traveling abroad when you get the notice for the interview appointment, it could be challenging to return to the US in time to make the appointment.

Partner Immigration Attorneys Can Help You Plan

Navigating Travel while a Green Card application is pending presents many nuanced situations. If you have any questions about this topic or how this applies to your specific situation/visa, consider signing up for SimpleCitizen’s Professional Package–which allows you to discuss your questions and concerns with one of our independent partner Immigration Attornies.

Learn more about what this package includes here: https://www.simplecitizen.com/pricing/

FAQ

Can I use my dual intent visa (H1B or L1) to travel while my green card is pending?

If someone has proof of a valid dual-intent visa, they can travel while the green card is pending without the risk of USCIS deeming their case as abandoned. However, this does not apply to the O visa. Please refer to this article for more information about travel with an H1B visa. 

Can I travel using my K-1 visa?

The K visa serves as a single entry visa, meaning that once someone enters the US, they cannot use that visa again to leave and reenter the US. Instead, they would need to consider waiting for the travel authorization or the green card to be granted. 

Since an O-1B visa is considered dual intent, can someone use it to travel while they wait on travel authorization through their adjustment of status application?

The O-1 visa is a dual-intent visa in the context of visa approval but not in the context of travel authorization. As such, USCIS will consider that someone traveling abroad on an O visa while the green card application is pending (and before the travel authorization has not been granted) has abandoned the green card application, and this application will be denied. 

Last Updated: January 15, 2020.

‍

Thinking about applying for United States citizenship?

This guide will teach you everything you need to know about how to become a United States citizen.

There are 3 main steps to applying for U.S. citizenship and multiple steps in between. Starting with applying for a visa, getting a green card, then finally applying for citizenship. Keep in mind that the total time to immigrate to the U.S. and become a U.S. citizen is between six and seven years.

Let's get started.

Step 1: Apply For a Visa

You're living in Country X when you realize it's time to make your move. You want to immigrate to America.

The first thing you need to do is obtain a visa from the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). A visa is a pass that allows you to enter the United States and stay here for a specific length of time. There are two types of visa.

• Nonimmigrant visas: For those who simply want to travel to the U.S.
• Immigrant visas: For those who wish to move to the U.S. permanently

You want to apply for an immigrant visa (a visa is not the same as a green card; more on green cards in a bit). With a few exceptions, to be eligible to apply for an immigrant visa, you must be sponsored by either

• A relative who is a U.S. citizen or a lawful permanent resident
• A prospective employer

If you're immigrating based on family: Your sponsor begins the process by filing form I-130 Petition for Alien Relative with USCIS. Filing this form costs $535 and can be paid with a check or money order.

If you're immigrating based on employment: Your sponsoring employer begins the process by filing form I-140 Petition for Alien Worker with USCIS. In some highly skilled employment categories, you can file the I-140 petition yourself.

Exceptions to family-based or employment-based visa categories: The majority of immigrants who are granted visas do so in the family-based or employment-based visa categories. But as mentioned above, there are exceptions. These include:

• Petition for a foreign fiancé(e) to get married in the U.S.
• Petition for a child adopted abroad to be adopted in the U.S.
• Petitions covered by special types of workers or special circumstances established by the U.S. government
• Diversity visas — granted in limited number to people from countries with historically low U.S. immigration rates.
• Entrepreneur visas — granted to entrepreneurs (and their spouses and unmarried children under 21) who invest in a U.S. business enterprise, thereby creating or preserving 10 permanent full-time jobs in the U.S.

Once your sponsor's petition is approved by USCIS, you will have to:

• Collect and submit the appropriate paperwork to the National Visa Center
• Entrepreneur visas — granted to entrepreneurs (and their spouses and unmarried children under 21) who invest in a U.S. business enterprise, thereby creating or preserving 10 permanent full-time jobs in the U.S.
• Pay fees (between $205 and $345, depending on your status)
• Complete an interview with a consular officer

If and when you're approved — congrats! You are now able to enter and stay in the United States. Next stop: green card.

Step 2: Apply For a Green Card

A visa allows you to stay in the U.S. for a set period of time, and when that time is up, you have to go. With a green card, however, you become a lawful permanent resident of the U.S., and you can live and work here indefinitely. Applying for a green card is the next step in the process of becoming a U.S. citizen.

Who can apply? People are granted green cards under similar categories that they are visas — i.e., based on having either family or employment in the U.S. Again, special categories exist, including status as a refugee or asylee (someone who has been granted asylum in the U.S.). It's important to note that except for immediate family of U.S. citizens, a limited number of green cards are issued each year, and there are priorities and preferences for certain categories of immigrants.

Getting a green card based on family: Priority is given to the spouse, parents and unmarried children under age 21 of a U.S. citizen. These people do not have to wait for a visa to become available before they can get a green card.

Read: The Ultimate Guide on Getting a Green Card

Getting a green card based on employment: There is also an order of preference for people who wish to immigrate to the U.S. for employment. First preference goes to "priority workers," including exceptional professors and researchers and others with extraordinary abilities. To see the complete order of preference for workers, visit the USCIS website.

Getting a green card based on humanitarian reasons: You may be able to get a green card through your status as a refugee or asylee.

• If you're a refugee, the law requires you to apply for your green card within a year of entering the U.S.
• If you have been granted asylum in the U.S., the law requires you to apply for your green card within a year of asylum status being granted

Other special categories: A variety of special categories exist that enable you to get a green card, including.

• You want to invest $1 million or more in a U.S. business
• You're a religious worker or member of the clergy coming here to work in certain circumstances
• You're a former overseas U.S. government worker

Once you file your green card application and all supporting documents and fees, USCIS will schedule an interview with you. For green card applications and help filling out the forms, visit SimpleCitizen.com.

The next step: Conditional permanent resident status vs. permanent resident status. Once you're approved (congrats!), you become a conditional permanent resident, and you'll be issued a conditional green card. It's good for two years. At some point during the 90 days before the card expires, you must file Form I-751, Petition to Remove Conditions on Residence. You cannot renew a two-year green card — you must apply to have the conditions removed.

Once the conditions are removed, you are granted a permanent resident green card. It's valid for 10 years. You may renew it by filing Form I-90, Application to Replace Permanent Resident Card.

So once you have your permanent resident green card, now you can apply to become a U.S. citizen, right?

Not quite.

Ways to Apply for a Green Card

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

SimpleCitizen's Application Builder

Complete a Green Card application with SimpleCitizen.

Get Started*Includes Attorney Review

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

Step 3: Apply for American Citizenship (after 3 or 5 years)

You must be a permanent resident of the U.S. (aka having your green card) for five years before you become eligible for naturalization (aka becoming a U.S. citizen). USCIS does permit you to submit your naturalization application up to 90 days before your five-year anniversary.

Are there any exceptions to the five-year rule? Yes, there are:

• Permanent residents who are married to U.S. citizens only have to wait three years to apply for citizenship
• Battered spouses of a U.S. citizen also only have to wait three years
• Spouses of U.S. citizens in certain overseas jobs, refugees and asylees all have special circumstances that may permit them to apply for citizenship earlier than five years

Next step: You've had your green card for three or five years (or however long USCIS mandates, based on your status), and you'd like to apply for citizenship. Now it's time to file form N-400, the Application for Naturalization. A few important points about the N-400:

• The form can be completed with SimpleCitizen. Start here‍
• It costs $640 to file the N-400 plus an $85 biometrics fee (more on biometrics below)
• Read all the instructions carefully and always tell the truth
• It's a good idea to have an immigration lawyer review your form before you submit it

What happens next? Two things:

1. Biometrics. You will be mailed a date for your biometrics services appointment. This is where USCIS captures your fingerprints, photograph and digital signature to confirm your identity and perform background and security checks.
2. Citizenship interview. After biometrics are collected, you'll get an appointment for a citizenship interview with a USCIS officer. Make sure to bring the list of documents they request and be prepared to go over your application with the officer. You will be sworn in, and the officer will test your knowledge of English and U.S. history and government

Ways to Apply for Citizenship

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

SimpleCitizen's Application Builder

Complete a Citizenship application with SimpleCitizen.

Get Started *Includes Attorney Review

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

You are almost a U.S. citizen! The final step is the oath ceremony, where you swear an oath of allegiance to the United States. In some courts, you will swear your oath on the same day as your citizenship interview, but if a same-day oath ceremony is not available, USCIS will notify you by mail of your ceremony date and time.

What happens in the oath ceremony? Before a judge, you will pledge to:

• Support and defend the U.S. Constitution
• Respect and obey all laws
• Pay income and other taxes honestly and on time
• Serve on a jury upon request
• Defend the country if needed

Once you swear your oath of allegiance, you will receive your certificate of naturalization. Congratulations! You are now a full-fledged U.S. citizen with all the rights that grants, including freedom of religion, the right to vote, right to a fair trial, and of course, life, liberty, and the pursuit of happiness.

Helpful Links:

Complete a Citizenship Application with SimpleCitizen
Citizenship Supporting Document Checklist
How long does it take to become a citizen?

Last Updated: May 8, 2024.

‍

Filing Form I-130 costs $675 and it can be paid with a check or money order. No matter how you pay, the following two guidelines must be followed:

1. The payment must come from a bank or financial institution in the United States and be payable in U.S. dollars.
2. The payment must be made payable to: U.S. Department of Homeland Security. This must be spelled out and cannot be abbreviated.

Memo:

If you are paying by check, write the full name of the applicant in the memo line followed by the title of the form associated with the payment. For example, "Tom Smith, I-485".If you choose to pay by check, the U.S. Department of Homeland Security will use your account information on the check to electronically take the money from your account. Typically, the debit will take 24 hours and will show up on your regular account statement.Please note that you will not receive your original check back. Instead, it will be destroyed and the government will keep a copy of the check on file.

What is Form I-130 Used For?

‍

Form I-130, Petition for Alien Relative, is used to establish a relationship between you, a citizen or lawful permanent resident (i.e. green card holder) of the United States, and a relative who wants to immigrate to America. This is the first step in a two-part immigration process for individuals looking to bring relatives into the United States.You will file the Form with U.S. Citizenship and Immigration Services (USCIS). Unlike many immigration forms, you are responsible for completing and submitting the form rather than your relative him or herself.If approved, your relative doesn’t automatically become a lawful permanent resident of the United States and aren’t automatically able to live and work in the country.Instead, the Form’s approval confirms that you have a qualifying familial relationship that your relative can use to apply for permanent residence. Often, this second step is completed at a United States consulate in your relative’s country or through a separate process, should your relative already be in the United States.