Receiving the approval notice for your I-140 petition is a cause for celebration. It is a significant milestone that confirms your eligibility for permanent residency in the United States. However, it is important to manage expectations: this approval is only the first step in a longer journey. The path from “I-140 approved” to “Green Card in hand” involves navigating complex timing rules and filing substantial additional paperwork.
This article outlines exactly what happens after your I-140 is approved and provides guidance for navigating the critical next steps.
Step 1: The Waiting Game – Understanding Priority Dates
For many applicants, an I-140 approval is followed not by immediate action, but by a waiting period. You generally cannot file your green card application until your priority date becomes “current.”
What Is a Priority Date?
Your priority date is your place in line. It is typically the date your employer filed your PERM labor certification or, if no PERM was required (like in an NIW case), the date the I-140 petition was filed. This date determines when you can apply for your green card based on your visa category (e.g., EB-2, EB-3) and your country of birth (chargeability).
When Does It Become Current?
Your priority date becomes “current” when it matches or is earlier than the date listed in the monthly U.S. Department of State Visa Bulletin. Because there is an annual limit on green cards, backlogs often develop. Depending on your category and country, this wait could range from a few months to several years. You must monitor the Visa Bulletin closely; you cannot move to Step 2 until your date is current.
Step 2: Filing Your Green Card Application
Once the Visa Bulletin confirms your priority date is current, you can move to the second step: filing the actual green card application. You have two distinct paths:
Option A: Adjustment of Status (Form I-485)
This option is available if you are already in the United States on a valid non-immigrant visa (like an H-1B, O-1, or E-2). Filing Form I-485 allows you to “adjust” your status to permanent resident without leaving the U.S. This is often the preferred route for those already living here.
Option B: Consular Processing
If you are outside the United States, you will apply for an immigrant visa at the U.S. consulate or embassy in your home country. This process involves the National Visa Center (NVC) and concludes with an interview abroad.
Documents Required for the Green Card Application
Whether you choose adjustment of status or consular processing, the documentation requirements are rigorous. You will need to submit:
- Civil Documents: Birth certificates, marriage certificates, and divorce decrees (if applicable). All foreign language documents must include certified translations.
- Medical Examination: A sealed medical exam report (Form I-693) from a USCIS-approved civil surgeon to ensure you meet health-related requirements.
- Proof of Eligibility: Evidence that you are not subject to grounds of inadmissibility, including police clearance certificates or court records for any prior legal issues.
The Strategic Advantage of Filing Form I-485
If you are eligible to adjust status in the U.S., filing Form I-485 unlocks several powerful benefits while you wait for the final decision:
- Continued Lawful Presence: You can remain lawfully in the U.S. while your application is processed, even if your underlying visa expires.
- Employment Authorization (EAD): You can apply for an unrestricted work permit (EAD), allowing you to work for any U.S. employer or be self-employed.
- Advance Parole (Travel Document): You can apply for advance parole, which allows you to travel internationally and re-enter the U.S. without abandoning your green card application.
The Final Stretch: Biometrics to Approval
After filing, you will attend a biometrics appointment to provide fingerprints and photos. Depending on your specific case and category, USCIS may also schedule an interview to verify your eligibility. Once these steps are complete and your priority date remains current, USCIS will issue your Green Card, granting you permanent resident status.
Conclusion
An approved I-140 petition is an important achievement, but it is just the beginning of the green card process. The next steps—waiting for your priority date, filing your green card application, and completing supporting requirements—are critical to successfully obtaining permanent residency.
At Scott Legal, P.C., we specialize in employment-based green card applications and can guide you through every step of the process. We invite you to download our free guides, sign up for one of our free webinars where you can ask questions, or schedule a consultation with us today to ensure your final steps to a green card are successful.
