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How to get a Green Card in the USA?

Usually, it takes about 3 months to prepare a petition for green cards EB-1 and EB-2 NIW for our clients. We assign an employee who communicates with the client every day and helps them understand in detail what to do. Unfortunately, the details of this process cannot be discussed publicly. There are exceptions: VIP escort and petition preparation in 1 month. However, most clients usually take about 3 months.

Let's talk about the process of obtaining the EB-1 and EB-2 NIW green cards and the timeframes if you are outside the United States:

1. Obtain an F-1 visa for language courses, fly to the USA, and after 3 months apply for the EB-1 and EB-2 NIW green cards. Even if your green card petition is rejected, your F-1 visa will not be canceled, and you can stay in the USA for 7 years. You can simply reapply for the green card a week later, improving your petition.

2. Get a B1/B2 tourist visa, come to the USA, and after 3 months apply for the green cards EB-1 and EB-2 NIW. In this case, there is a risk that if your green card petition is rejected, you may not have the opportunity to reapply, as the rule applies that filing for a green card is allowed only with legal status. Upon entry to the USA on a B1/B2 visa, you are given permission to stay for 6 months, and you can apply for a green card only after 3 months. Thus, you will have only 3 months left to apply, consider, and reapply.

3. You can obtain a B1/B2 tourist visa and after arriving in the USA apply for a change of status to an F-1 visa. The second option involves applying for the EB-1 or EB-2 NIW green card from outside the USA, with the following interview at the embassy.

4. You can also consider the possibility of obtaining an O-1 visa for talented individuals if you have an employer able to handle your employment in the USA.

5. Applying for political asylum (PS) when crossing the border with Mexico may limit your ability to apply for the EB1-5 green card, and you may need to stay in the USA without the possibility of leaving for up to 10 years, despite the possibility that ultimately your green card may be rejected. In early 2023, a new CPB One app appeared for crossing the border with Mexico, but lawyers cannot confirm whether you will be able to apply for the EB1-5 green card using this method.

6. If you are already in the USA and have applied for political asylum (PS), you can still apply for other types of green cards, such as EB1, EB-2 NIW, EB-3, etc.

If you are in the USA and are considering getting a green card, you have several options.

1. You can apply for the EB-1 or EB-2 NIW green card with paid expedited processing, known as "Premium Processing." Currently, in May 2023, the processing of EB-1 petitions usually takes about 2 weeks, and EB-2 takes about 45 days. However, it is important to note that after filing the petition, you may receive a Request for Evidence (RFE) if you lack certain criteria for approval. You may need to provide corrections or additional documents to satisfy the immigration service requirements. In this case, you will have 60 days to provide additional documents.

It is important to note that the common belief that expedited processing increases the likelihood of receiving an RFE request is not based on facts. The probability of receiving an RFE depends on each specific situation and in reality, it can be around 50%. In the event of receiving an RFE, the petition processing time may be extended by 1-2 months. After receiving the petition approval, you will need to change your status from the current visa to a green card.

2. In the case of an EB-1 green card, you can immediately apply for a status change, obtain work authorization, and documents allowing travel outside the USA.

3. In the case of an EB-2 NIW green card, you will likely have to wait about 6 months before you can apply for a status change and receive work authorization and travel documents.