Services · U.S. Permanent Residency

Permanent Residency in the United States

The paths to your permanent residency.

Permanent residency can be obtained through different paths, and which one applies depends on how you entered the country, who can petition for you, and where you are now. This page brings together the four processes that make up that journey and what each one requires.

Each process has its own requirements, deadlines, and evidence, and filing them in the wrong order costs months. We review your situation and tell you in writing which of these paths applies to you before starting.

Processes that make up this journey

  • Family petition (Form I-130)
  • Adjustment of status inside the United States (Form I-485)
  • Consular process in your home country (Form DS-260)
  • Citizenship through naturalization (Form N-400)

What is permanent residency in the United States?

Permanent residency —what everyone calls the green card— is the status that allows you to live and work indefinitely in the United States. Holders can enter and leave the country, work for almost any employer and, after the time required by law, apply for citizenship.

It is not the same as being a citizen: permanent residents keep their nationality, cannot vote in federal elections, and can lose the status after long absences from the country. It is also not a single filing. It is the end of a journey that begins in different ways depending on who petitions for you and where you are when the process starts.

The four paths to residency

Most of the cases we prepare reach residency through one of these four processes. Each has its own form, evidence, and timeline.

Family petition (Form I-130)

This is the starting point of the family path. A U.S. citizen or permanent resident files the I-130 to prove to USCIS that a genuine relationship exists with the relative they want to bring over or regularize. What is proven here is not the eligibility of the beneficiary, but the relationship itself: birth certificates, marriage certificates, photographs, shared accounts, and everything that supports it.

Adjustment of status (Form I-485)

This is the path for those already inside the United States who can complete the process without leaving. The I-485 requests residency from USCIS and, in the same package, the work permit (Form I-765) and the travel permit (Form I-131) are usually filed as well. As a general rule, adjustment requires having entered with inspection, although the law provides for exceptions: it is one of the first points we review before assembling the file.

Consular process (Form DS-260)

When the beneficiary is outside the United States, the case moves to the National Visa Center and ends with an interview at the embassy or consulate in their country. There the DS-260 is filed, the corresponding fees are paid, civil documents are gathered, and the medical exam is done with a doctor authorized by the consulate.

Citizenship through naturalization (Form N-400)

This is not a parallel path but the next step: it is requested after having been a permanent resident for the time required by law. The N-400 includes the civics and English tests, with exceptions based on age and years of residency.

Immediate relatives and preference categories

Within the family path there is one distinction that sets the pace of the whole process. Immediate relatives of a U.S. citizen —spouse, unmarried children under 21, and parents, if the citizen is already 21— have no annual visa limit: as soon as the petition moves forward, they can continue.

Everyone else falls into the preference categories: adult or married children, siblings of citizens, and the relatives of permanent residents. Those categories do have annual quotas, and the queue is tracked month by month in the Visa Bulletin published by the Department of State. The wait depends on the category and the country of birth, and can range from a few years to considerably longer.

The documents that almost always come up

The forms change, but the file rests on the same kind of paperwork: passport and identity documents, birth and marriage certificates with certified translations when they are in another language, divorce decrees if there were previous marriages, police records where applicable, passport-style photographs, and evidence of your entry into the United States.

To that, add two pieces that hold up many cases: the affidavit of support (Form I-864), where the petitioner proves sufficient income, and the medical exam (Form I-693 in adjustment of status), which only counts if it is performed by a designated civil surgeon and submitted while still valid.

Almost every case also includes a biometrics appointment —fingerprints and photograph— and, depending on the path, an interview.

What happens after you receive residency

If you had been married less than two years when the case is approved, residency is granted on a conditional basis for two years. Before it expires, Form I-751 must be filed to remove the condition, within the 90 days before the expiration date; missing that window is one of the most common causes of avoidable trouble.

The card is also renewed (Form I-90) and, once the residency time required by law is met, the door to naturalization opens.

How we support you at MigraciónHelp

We prepare the documentation: we transcribe the forms with the information you give us, organize the evidence in the order the agency expects to see it, check that nothing is missing, and submit the file at your direction. We have attorneys licensed in Colombia, and service is available in Spanish and English, online or in person.

The first thing is to know which of the four paths applies to you. In your initial appointment we review your situation —how you entered, who can petition for you, what documents you have— and give you in writing the process that applies and its cost, before starting.

Frequently asked questions

Common questions about U.S. permanent residency

How long does it take to get permanent residency in the United States?
It depends on the path and the relationship. Immediate relatives of a U.S. citizen do not wait for a visa number and their process is usually measured in months; preference categories depend on the Visa Bulletin and can take years depending on the category and country of birth. In your appointment we review which of the two applies to you.
Can I work while my case is pending?
If you are adjusting status inside the United States, the work permit (Form I-765) and the travel permit (Form I-131) can be filed together with the I-485. It is not automatic: they have to be requested and approved.
Can I adjust status if I entered without inspection?
As a general rule, adjustment of status requires having entered with inspection, but the law provides for exceptions and not every case is resolved the same way. This is exactly the kind of detail to look at before filing anything, not afterwards.
Can permanent residency be lost?
Yes. Long absences from the country can be treated as abandonment of the status, and certain conduct can lead to losing residency. The status is kept as long as the resident keeps their life in the United States and meets the conditions required by law.
When can I apply for citizenship?
Generally after five years as a permanent resident, or three if you obtained residency through marriage and are still married to the same U.S. citizen. There are also physical presence and good moral character requirements, plus the civics and English tests.
Are you immigration attorneys in the United States?
We have attorneys licensed in Colombia. In the United States we provide immigration document preparation —form transcription, evidence organization, and file submission at your direction—, which does not constitute legal advice in the U.S. If your case requires representation before a court, we tell you so from the first appointment.

Take the first step today.

Tell us about your case and we will tell you how to move forward. Message us on WhatsApp or book directly on our calendar.