The United States is a dream destination for many Indians looking to settle abroad. Becoming a US permanent resident through a Green Card is the first step toward achieving this goal. A Green Card grants individuals the legal right to live and work in the U.S. permanently. In this guide, we will explore the different ways Indians can apply for a US Green Card, including eligibility criteria, the application process, required documents, and more.
What Is a US Green Card?
A U.S. Green Card, officially known as a Permanent Resident Card, allows foreign nationals to reside and work permanently in the United States. The Green Card is issued by the U.S. Citizenship and Immigration Services (USCIS). It provides a pathway to U.S. citizenship and offers several benefits, such as access to government benefits, easier travel, and the ability to sponsor family members.
Ways to Get a US Green Card for Indians
Green Card Through Family Sponsorship
Indians with close family members who are U.S. citizens or Green Card holders may be eligible for permanent residency. This category includes:
- Immediate relatives of U.S. citizens: spouse, parents, and unmarried children under 21
- Family preference categories: siblings, married children, and relatives of Green Card holders
Green Card Through Employment
Many Indians migrate to the U.S. for work opportunities. The main employment-based Green Card categories (overview) include:
- EB-1: Priority workers (outstanding professors, researchers, executives, or individuals with extraordinary abilities)
- EB-2: Professionals with advanced degrees or exceptional abilities
- EB-3: Skilled workers, professionals, and other workers
- EB-4: Special immigrants, including religious workers and translators
- EB-5: Green Card Through Investment, requiring significant financial investment
Green Card Through Investment (EB-5 Program)
Foreign investors, including Indians, can obtain a Green Card by investing at least $800,000 in a U.S. commercial enterprise that creates jobs for American workers. The investment must be in a Targeted Employment Area (TEA) for the lower threshold. Investors and their immediate family (spouse and children under 21) can obtain Green Cards through this program.
Green Card Through Diversity Visa Lottery
India is not currently eligible for the Diversity Visa (DV) Lottery due to high immigration rates. Applicants may still qualify if their spouse is from an eligible country.
Green Card Through Refugee or Asylum Status
Indians granted asylum or refugee status in the U.S. can apply for a Green Card after one year of residence.
How to Apply for a US Green Card
Step 1: Determine Eligibility
Identify the appropriate Green Card category based on family ties, employment, investment, or other qualifying factors.
Step 2: File the Appropriate Petition
Depending on the category, an applicant or their sponsor must file an immigration petition with USCIS:
- Form I-130: Family-based Green Cards
- Form I-140: Employment-based Green Cards
- Form I-526: Investment-based Green Cards (EB-5)
Step 3: Wait for Visa Availability
Green Cards are subject to annual limits. Applicants from India often face long waiting periods due to high demand.
Step 4: File Form I-485 or Consular Processing
Once a visa is available, applicants can proceed with:
- Adjustment of Status (Form I-485): If already in the U.S.
- Consular Processing: If outside the U.S., attending an interview at a U.S. embassy or consulate.
Step 5: Biometrics and Interview
Applicants provide fingerprints, photographs, and signature. USCIS may also schedule an interview.
Step 6: Receive the Green Card
Upon approval, the applicant receives the U.S. Green Card, granting permanent resident status.
Documents Required for a US Green Card
Common documents include:
- Valid passport
- Birth certificate
- Marriage certificate (if applicable)
- Proof of sponsor’s U.S. citizenship or Green Card status
- Proof of employment (job-based applications)
- Investment proof (EB-5 applicants)
- Medical examination report (Form I-693)
- Affidavit of Support (Form I-864) for family-sponsored applications
- Police clearance certificate (if required)
Processing Time for a US Green Card
- Family-sponsored: 1–20 years depending on relationship
- Employment-based: EB-1: 1–3 years; EB-2/EB-3: several years due to backlog
- EB-5 Investor: Typically 2–3 years
Costs Involved in Applying for a US Green Card
- Form I-130 (Family-based): $535
- Form I-140 (Employment-based): $700
- Form I-526 (Investor-based): $3,675
- Form I-485 (Adjustment of Status): $1,140 + $85 (biometrics)
- Consular Processing Fees: Varies by embassy and category
Benefits of a US Green Card
- Permanent residency in the U.S.
- Ability to work for any employer
- Access to Social Security benefits
- Easier travel and re-entry
- Eligibility for U.S. citizenship after five years
- Ability to sponsor family members
Final Thoughts
Securing a US Green Card for Indians is a complex but rewarding process. Understanding requirements, preparing documents, and seeking professional guidance ensures a smoother path toward permanent residency.
Explore related services: US Employment-Based Visas • US EB-5 Visa • Contact XIPHIAS
FAQs
Q1. Can H-1B holders apply for a US Green Card while in the U.S.? A. Yes. Many H-1B professionals file Adjustment of Status (I-485) for EB-2/EB-3 when the priority date is current.
Q2. What happens if my priority date retrogresses after filing I-485? A. USCIS generally holds the case until the priority date is current. You may continue to maintain valid status and, if eligible, EAD/AP based on the pending I-485.
Q3. Is India eligible for the Diversity Visa (DV) Lottery? A. No. India is not currently eligible due to high immigration rates. Applicants with an eligible spouse’s country of chargeability may still qualify.
