Revealing the Fastest Legal Path to U.S. Green Card Residency

How to immigrate to the U.S. and the process of moving there attracts a lot of interest among Vietnamese people. It’s no coincidence that the U.S. is often called the “American Dream.” The United States is renowned for having the largest economy in the world, a high quality of life, and freedom and equality. Therefore, every year, many foreign citizens aspire to settle in the land of opportunity, including many Vietnamese people. However, not everyone knows how to immigrate to the U.S., the costs involved, and the processing times. The following article from ImmiPath will help answer those questions. See it now!

1. How Can You Immigrate to the U.S.?

Many people desire to move to the U.S. to change their living environment, enjoy personal freedoms, and develop their skills but are unsure of how to immigrate to the U.S., the methods for immigration, or the fastest routes for U.S. immigration. Immigrating to the U.S. generally means moving there permanently by obtaining a Green Card (officially known as an “immigrant visa” or “lawful permanent residency”). The Green Card allows for unrestricted work and can be renewed indefinitely. It also provides a pathway to becoming a U.S. citizen.

However, not everyone is eligible for a Green Card, and applying for a Green Card can be expensive and time-consuming. Instead, many people use temporary visas to visit, work, or study in the U.S. Such visas (officially known as “non-immigrant visas”) are often renewable and suitable for multiple visits, which can allow you to stay in the U.S. for several years. However, remember that many people start with a temporary visa (such as an F-1 or J-1 student visa) before moving on to a Green Card. If you currently do not qualify for an immigrant visa, consider whether a temporary visa might help you achieve your goals. To immigrate to the U.S., you need to determine which type of Green Card you qualify for. You will only be able to immigrate if you qualify for one of the following:

• Family-based Green Card
• Employment-based Green Card
• Humanitarian Green Card
• Diversity Lottery Green Card

2. Conditions for Obtaining a Green Card for U.S. Immigration

For most cases seeking to immigrate to the U.S. and obtain a Green Card, you will need to pass several tests and meet certain requirements, including:

• Criminal Record Check: You may need to submit police reports from places where you have lived previously and answer questions about any past criminal records.
• Medical Examination: This involves answering questions about mental health, drug and alcohol use, and a history of communicable diseases.
• Visa-Specific Requirements: You will also need to meet specific requirements based on the type of visa you are applying for.

2.1 For Family-Based Green Cards

The primary Requirement is that you must have a close family relationship with a U.S. Green Card holder or permanent resident. For U.S. immigration, to obtain a Green Card, you will also need a financial support affidavit from someone who will ensure you do not become a public charge after arriving in the U.S. In most cases, your sponsoring relative will also be your financial sponsor. If you do not meet the financial requirements, you can ask for a joint sponsor. Your financial sponsor must have a household income at least 125% of the federal poverty level. If your sponsor is a U.S. citizen and you are the spouse, widow(er), unmarried child under 21, or parent (if the U.S. citizen is over 21), you can apply for a Green Card immediately. This means you will not have to wait in line like other categories. If your sponsor is a U.S. citizen and you do not fall into one of the above relationships, or if your sponsor is a Green Card holder, you will apply as a “family-based” immigrant under one of the following categories:

• First Preference (F1): Unmarried adult children (21 years or older) of U.S. citizens.
• Second Preference (F2A): Spouses and unmarried children (under 21 years) of Green Card holders.
• Second Preference (F2B): Unmarried adult children (21 years or older) of Green Card holders.
• Third Preference (F3): Married children of U.S. citizens.
• Fourth Preference (F4): Siblings of U.S. citizens (if the U.S. citizen is 21 years or older).

There is no visa limit for immediate relatives, but only a limited number of family-based Green Cards are issued each year, so you may have to wait for a Green Card to become available. Your priority category determines how long you will wait, ranging from one or two years for F1 applicants to up to a decade or more for F4 applicants. To minimize your waiting time for a Green Card, it is crucial to get accurate information. For a reasonable fee, ImmiPath can help you complete all the Green Card application forms and connect you with an independent attorney who will review all your documents and assist you with the fastest ways to immigrate to the U.S.

2.2 For Employment-Based Green Cards

Employment-based Green Cards typically require a specific U.S. employer to sponsor you or evidence that you have extraordinary skills and training in your chosen field. There are 5 types of employment-based Green Cards:

• Priority 1 (EB-1): For individuals with extraordinary abilities (demonstrated through national or international acclaim); academic researchers; and executives with multinational companies.
• Priority 2 (EB-2): For those with advanced degrees; exceptional abilities in science, arts, or business; or recognition as benefiting the national interest.
• Priority 3 (EB-3): For skilled workers with at least 2 years of training or experience; professionals (those with jobs requiring a U.S. bachelor’s degree or equivalent); and unskilled workers (jobs requiring less than 2 years of experience). This is also the easiest way to immigrate to the U.S. if you do not have a sponsor.
• Priority 4 (EB-4): For “special immigrants” such as religious workers, military translators, and employees of international organizations.
• Priority 5 (EB-5): For investors who invest at least $800,000 in job-creating projects in the U.S.

To qualify for an employment-based Green Card, you need to meet the criteria for the specific category you are applying for.

• For EB-1 and EB-2 Visas: You must document the relevant skills, training, and any national or international recognition you have received. This is a complex process, so seek legal advice if you believe you may qualify.
• For EB-2, EB-3, and EB-4 Green Cards: Typically, you will need an employer to sponsor your application.
• For EB-2 and EB-3 Visas: Generally, you also need a labor certification proving that no qualified U.S. worker is available to perform the job you are being hired for. Your employer usually handles this process and provides any legal guidance you need.
• For the EB-5 Green Card, there are complex rules governing the investment requirements to qualify. Be sure to seek appropriate financial and legal advice if you want to pursue this path.

See more: Information on immigrating to the U.S. without a sponsor.

2.3 For the Diversity Visa Lottery (Green Card Lottery)

The U.S. operates a “Green Card Lottery” that randomly awards immigrant visas to up to 50,000 people each year. Only individuals from countries with low immigration rates to the U.S. are eligible to apply.

2.4 For Humanitarian Green Cards

Green Cards may also be granted to refugees, as well as victims of human trafficking, abuse, and crime.  Applying for a visa under these categories can be complex, so it’s advisable to consult with a lawyer or seek assistance from an immigration consultancy center if you believe you may qualify.

3. What Steps Does the Process of U.S. Immigration Include?

To successfully immigrate to the U.S., you need to follow the process based on your current location:

• Living in the U.S.: If you are already in the U.S., you can generally submit your application and stay in the country while your application is being processed. This is known as Adjustment of Status (AOS).
• Living Outside the U.S.: If you are currently outside the U.S., you will typically submit your green card application from your home country and remain there while the U.S. Embassy or Consulate in your area processes your application. This is known as Consular Processing.

Both paths have their advantages and disadvantages, so it is important to understand the differences between Adjustment of Status and Consular Processing. However, in both cases, your green card application process will usually follow these basic steps:

• Step 1: Your sponsor will submit a petition to the U.S. government to begin the immigration process. For family-based green cards, this will be Form I-130, which establishes your relationship with the sponsoring relative. For employment-based green cards, this will be Form I-140, which requests the green card on your behalf.
• Step 2: The U.S. Citizenship and Immigration Services (USCIS) will review and hopefully approve your petition. Once this is done, you will file your actual green card application unless you have done so through concurrent filing, using Form I-485 to apply from within the U.S. or Form DS-260 to apply from outside the U.S. For family-based green cards, your sponsor will also submit Form I-864, a commitment to financially support you.
• Step 3: If you are applying from within the U.S., USCIS will process your application and send you details about your biometrics appointment. If you are applying from outside the U.S., your application will be processed by the local consulate, and you will have your biometrics taken as part of the consular interview. In both cases, you will also need a medical examination as part of the application process.
• Step 4: Both application processes require an in-person interview. After your application is processed, you will receive a notice with the date and time you must attend an interview at the USCIS office (if applying in the U.S.) or the U.S. consulate (if applying outside the U.S.).
• Step 5: After the interview, you will be notified whether your application has been approved. If you apply from within the U.S., your green card will be mailed to you. If you applied through consular processing, your passport will be returned with a visa allowing you to enter the U.S. Once you arrive, your green card will be mailed to your U.S. address.

4. Cost of Applying for a U.S. Green Card

The total cost for a family-based green card application is approximately $1,760 for applicants living in the U.S. or around $1,400 for those living abroad. This includes non-refundable U.S. government fees plus the cost of a medical examination, which is typically required. The total cost for an employment-based green card varies depending on the category you are applying under. You may need to pay $1,225 for your green card application, but your employer might also need to cover additional filing fees and labor certification costs, potentially raising the total cost to about $10,000. In both cases, application fees are non-refundable, so it’s crucial to submit your application correctly the first time. The application process for U.S. immigration and fees may differ for other types of green cards, such as Diversity Visa Lottery, humanitarian green cards, and long-term resident green cards. More detailed information can be found on the USCIS website. ImmiPath provides a summary of the costs involved in U.S. immigration. You can refer to this and compare it with your specific sponsorship type. ImmiPath will assist you from the initial application to the final interview.

No.	Category	Place of collection	Amount of money
1	Application opening fee	USCIS	$535/set
2	Reviewing financial documents fee	NVC	$120/set
3	Reviewing civil documents fee	NVC	$325/person
4	Health examination fee	Cho Ray, IOM	Adults: $275 (6,399,000 VND) + Children 2-14 years old: $240 (5,584,000 VND) + Children < 2 years old: $165 (3,389,000 VND)
5	Vaccination fee	International Quarantine Center – HCM City	Depending on the number of injections, it usually ranges from 4-6 million VND
6	Immigration fee	(USCIS immigrant fee)	$220/person
7	Fee for making criminal records No. 2	Department of Justice of the province where you have permanent residence	200,000 VND/person (over 16 years old)
8	Passport fee	Immigration Department – Police of the province or city where you have permanent residence	200,000 VND
9	Document translation fee	Notary office	Depends on the collection location. Some documents need to be translated into English such as criminal record number 2 with criminal record
10	Visa delivery fee	Delivery service	140,000VND

The fees in sections 1, 2, 3, and 6 are for the case of only the main applicant. Items 4, 5, 7, 9, and 10 will vary depending on the category and number of accompanying people. In case the family has many people accompanying them, the sponsorship cost for going to the U.S. will increase accordingly, with the amount calculated per person.

5. Waiting Time for U.S. Immigrant Visa

The time it takes to receive a green card for U.S. immigration depends on the specifics of your case. If you are applying for a green card through marriage to a U.S. citizen, you can expect to receive it within 12 to 18 months. If you are married to a green card holder, the process may take 24 to 30 months. The waiting time can be significantly longer for other family-based green cards. Check the Visa Bulletin for the most up-to-date details. For employment-based green cards, the estimated waiting time depends on the EB category you are applying under. Previously, USCIS processed employment-based petitions in less than a month and employment-based green card applications in under a year. Remember that your employer may use premium processing to expedite your visa application.

One way to keep your processing time to a minimum is to ensure that you submit your application and supporting documents accurately on the first attempt. With ImmiPath, you will receive assistance in filling out all forms and have peace of mind knowing that an independent lawyer has reviewed all your forms and supporting documents. After successfully passing the interview and receiving your immigrant visa to the U.S., your green card will be sent to the U.S. address you provided in your application. This process can take up to 3 months, but you are allowed to stay in the U.S. and work for a U.S. employer while waiting. In some cases, such as if you obtain a green card through marriage but have been married for less than 2 years, you will receive a conditional green card. This means you will need to meet certain conditions and file Form I-751 to apply for an unconditional green card after living in the U.S. for two years. The unconditional green card must be renewed every 10 years, but there is no limit to the number of times you can renew it. However, your green card may be revoked if you stay outside the U.S. for too long or if you violate the law. Three to five years after receiving your green card, you will be eligible to apply for U.S. citizenship – the final step in many people’s pursuit of the “American Dream.” To become a U.S. citizen, the final requirements you need to meet include filing and paying taxes, avoiding criminal convictions, and learning about U.S. history and society.

6. Safe Ways to Immigrate to the U.S. and Avoid Scams

To help you immigrate to the U.S. legally and avoid “wasting money and causing trouble,” ImmiPath outlines safe immigration practices and how to avoid scams:

6.1 Beware of the 90-Day Rule

If you plan to apply for a green card, be careful not to misrepresent your intentions when you first arrive in the U.S. USCIS officials will scrutinize Adjustment of Status (AOS) applications submitted within 90 days of entering the U.S. on a non-immigrant visa. Watch out for past visa violations. Overstaying and illegal presence in the U.S. can complicate green card applications or result in long-term entry bans. Sometimes, it is possible to be exempt from these penalties, so consult a lawyer if you believe this may affect your application.

6.2 Do not Fall for Immigration Scams

Unfortunately, many scammers target immigrants by posing as government officials or immigration attorneys. If you suspect a company or individual of engaging in fraudulent or deceptive immigration practices for personal gain, report them to the appropriate authorities.

6.3 Always Stay Alert to Changes in the Immigration Process

The immigration system is constantly evolving, so keep up with the latest updates by following ImmiPath on Facebook or reading the ImmiPath blog on our website for regular information on policy changes that may affect your immigration journey. The above ways for U.S. immigration will help you stop wondering how to go to the U.S., we hope these tips on U.S. immigration help answer your questions about moving to the U.S. and are useful for those looking to make their American dream a reality. If you have any further questions about how to immigrate to the U.S., feel free to comment below. The ImmiPath advisory team is here to assist you with all the experience and dedication, making your path to the U.S. easier than ever.