Green Card Application Process: Steps, Timelines, and Tips

What a Green Card Is and Why It Matters

A green card (lawful permanent resident status) allows you to live and work permanently in the United States. It can also put you on a path to U.S. citizenship, help you petition certain family members, and provide greater stability for your career and future. Still, the green card process can feel overwhelming—especially when you’re balancing work, family, and the stress of immigration uncertainty.

At Vasquez Law Firm in Charlotte, we regularly help individuals and families across North Carolina understand their options, avoid common mistakes, and move forward with a clear plan.

Step 1: Identify the Right Green Card Category

The “right” process depends on how you qualify. The first step is confirming the category and the best strategy based on your background, location, and immigration history.

Family-based green cards

Common family routes include:

• Immediate relatives of U.S. citizens (spouse, unmarried child under 21, parent of a U.S. citizen age 21+). These typically have the most direct visa availability.
• Family preference categories (adult children, siblings of U.S. citizens; spouses and unmarried children of lawful permanent residents). These categories are subject to annual limits and often involve longer waits.

Employment-based green cards

These may be available through:

• A U.S. employer sponsorship (PERM labor certification in many cases)
• Certain special immigrant categories
• Extraordinary ability or national interest options in limited circumstances

Humanitarian and other pathways

Some people qualify through:

• Refugee or asylee adjustment
• VAWA self-petitions for survivors of abuse
• U visas or other relief leading to permanent residence
• Diversity Visa (DV) lottery (when eligible)

Action step: Before completing any forms, write down your full immigration history (entries/exits, visas, prior petitions, arrests/charges, prior denials). This information can change which category is safest and fastest.

Step 2: Choose the Correct Process—Adjustment of Status vs. Consular Processing

Most green card cases follow one of two tracks:

Adjustment of Status (AOS)

If you are already in the U.S. and eligible, you may apply for a green card without leaving the country.

• Primary form: Form I-485
• Often filed with related forms for work and travel authorization
• You attend a biometrics appointment and, in many cases, an interview

Consular Processing

If you are outside the U.S. (or not eligible for AOS), you may complete the process through a U.S. consulate abroad.

• Usually begins with an immigrant petition approval
• Then moves to the National Visa Center (NVC) and a consular interview

Practical tip: If you have any unlawful presence, prior removal orders, or certain criminal issues, leaving the U.S. for consular processing can trigger serious bars to reentry. A careful legal review is essential before you choose a path.

Step 3: File the Immigrant Petition (When Required)

Many applicants start with a petition that establishes the qualifying relationship.

Common petitions

• Form I-130 (family-based)
• Form I-140 (employment-based)
• Form I-360 (certain special immigrants, including VAWA)

Supporting evidence

Strong evidence reduces delays and “Requests for Evidence” (RFEs). Depending on the case, you may need:

• Birth certificates, marriage certificates, divorce decrees
• Proof of a bona fide marriage (leases, bank statements, insurance, photos, affidavits)
• Employer letters, education records, experience letters
• Proof of lawful entry (I-94) and immigration documents

Action step: Create a digital folder and a paper folder. Label documents by category (identity, relationship, immigration history, financial, criminal/court records). Keep copies of everything you submit.

Step 4: Confirm Visa Availability (The Visa Bulletin)

Some categories require waiting until a visa number is available. The U.S. Department of State publishes a monthly Visa Bulletin.

• Immediate relatives of U.S. citizens generally do not wait for visa availability.
• Preference categories and most employment-based categories may require waiting.

Practical tip: A case can be “approved” but still unable to move forward until your priority date becomes current. Planning around the Visa Bulletin helps set realistic expectations.

Step 5: Prepare and File the Green Card Application Packet

A well-prepared packet can prevent months of delay.

Common forms in an Adjustment of Status filing

Depending on eligibility, your packet may include:

• Form I-485 (green card application)
• Form I-864 (Affidavit of Support) for many family cases
• Form I-765 (work permit)
• Form I-131 (advance parole travel document)
• Form I-693 (immigration medical exam) completed by a USCIS civil surgeon

Affidavit of Support and financial requirements

Many family-based applicants need a sponsor who meets minimum income guidelines. If the sponsor’s income is insufficient, a joint sponsor may be possible.

Action step: Gather the sponsor’s most recent tax return(s), W-2s/1099s, and proof of current employment. If self-employed, prepare profit-and-loss documentation.

Step 6: Biometrics, Background Checks, and Case Tracking

After filing, USCIS typically schedules a biometrics appointment (fingerprints and photo). USCIS then conducts background checks.

Practical tip: Keep your mailing address updated with USCIS using Form AR-11 (and update your online account if applicable). Missing a notice can lead to a denial.

Step 7: Work and Travel Authorization While You Wait

If you file Form I-765 and I-131 with your Adjustment of Status case (when eligible), you may receive:

• An Employment Authorization Document (EAD) allowing you to work
• Advance Parole allowing you to travel

Important caution: Traveling without advance parole (when required) can be treated as abandoning your Adjustment of Status application. Also, certain immigration histories can make travel risky even with advance parole. Get legal guidance before making international travel plans.

Step 8: The USCIS Interview—What to Expect and How to Prepare

Many applicants must attend an interview at a USCIS field office. For Charlotte-area residents, interviews are commonly handled through the local USCIS office serving the region.

Marriage-based interview preparation

USCIS may ask about:

• Your relationship timeline (how you met, dates, daily routines)
• Shared finances and living arrangements
• Prior marriages, children, and family details

Action step: Review your forms before the interview. Inconsistencies between testimony and paperwork can cause delays or denials. Bring updated evidence of your relationship (recent statements, lease renewals, photos, insurance policies).

Step 9: Decision, Green Card Issuance, and Next Steps

If approved, USCIS will mail your green card. Some applicants receive a conditional green card valid for two years (commonly in marriage cases where the marriage was less than two years old at the time of approval). Others receive a 10-year card.

Removing conditions (if applicable)

Conditional residents generally must file to remove conditions before the card expires. Missing the filing window can jeopardize status.

Action step: Put a calendar reminder 18–21 months after approval to start preparing for the removal of conditions process.

Common Reasons Green Card Cases Get Delayed or Denied

Even strong cases can face issues. Common problems include:

• Incomplete forms or missing signatures/fees
• Insufficient relationship evidence (marriage-based cases)
• Sponsor income issues on the Affidavit of Support
• Prior immigration violations (overstays, unlawful presence, misrepresentation)
• Criminal charges or convictions

If you have ever been arrested or charged—anywhere—get certified court dispositions. Outcomes matter, and immigration consequences can differ from criminal consequences.

Practical Tips for Applicants in North Carolina

Immigration is primarily federal law, but your day-to-day documentation often depends on state systems. In North Carolina, practical preparation can make a real difference.

Get certified vital records and keep them consistent

North Carolina agencies (like the N.C. Vital Records office and county registers of deeds) can provide certified copies of birth, marriage, and divorce records. USCIS often requires clear, official documentation. If names or dates vary across documents, address it proactively with legal guidance.

Understand how state criminal matters can affect immigration

North Carolina criminal charges—even minor ones—can have immigration consequences. A dismissal, deferred prosecution, or “prayer for judgment continued (PJC)” may still require careful analysis under federal immigration law. If you have any criminal history in North Carolina, speak with an immigration attorney before taking a plea or accepting a disposition.

Keep proof of residence and shared life in Charlotte and beyond

For marriage-based cases, local proof can help: joint leases, utility bills, insurance, and other records reflecting your shared address in North Carolina. If you move within the state, update USCIS promptly.

How Long Does the Green Card Process Take?

Timelines vary widely based on:

• Category and visa availability
• USCIS workload and local field office scheduling
• RFEs or background check delays
• Whether you are adjusting status in the U.S. or processing through a consulate

Rather than relying on a generic estimate, it’s best to evaluate your category, your priority date (if applicable), and your eligibility for concurrent filing.

Action step: Track your case using your USCIS receipt number, but avoid submitting duplicate filings or unnecessary inquiries that can complicate processing.

When to Speak With an Immigration Attorney

You may benefit from legal help if:

• You entered without inspection or have multiple entries/exits
• You have any prior denials, deportation/removal orders, or immigration fraud concerns
• You have arrests, charges, or convictions (in North Carolina or elsewhere)
• You need a waiver or are unsure whether consular processing is safe
• You want to ensure your marriage-based case is thoroughly documented

A careful strategy can prevent avoidable delays and protect your ability to remain with your family.

Take the Next Step—Get Guidance Tailored to Your Situation

If you’re considering a green card and want a clear, step-by-step plan, Vasquez Law Firm is here to help. We serve clients in Charlotte and throughout North Carolina, and we understand how stressful this process can be when your family, work, and future are on the line.

Call Vasquez Law Firm today to schedule a confidential consultation. We can review your eligibility, identify risks, help you prepare a strong application packet, and support you through interviews and next steps so you can move forward with confidence.