How to Get a Green Card and Who Qualifies

Almost 1.4 million people became permanent residents in fiscal 2024, most through a close family member. Here is every path USCIS lists, why some people wait decades while others wait months, what the forms cost, and the rule changes of 2025 and 2026.

By Resist Now Published Updated

How to Get a Green Card

Most people get a green card in two steps. Someone files a petition for them, and then they apply to become a permanent resident. A relative or employer usually files the petition, though some people can file for themselves. Inside the United States, you apply to USCIS on Form I-485. From abroad, you apply through a U.S. consulate run by the State Department (USCIS).

Key facts

  • 1,364,090 people became permanent residents in fiscal 2024, and 49.3% of them were immediate relatives of U.S. citizens (DHS).
  • Spouses and unmarried children under 21 of U.S. citizens, and parents of citizens 21 or older, face no yearly cap; most other categories do (8 U.S.C. 1151).
  • No country can receive more than 7% of the family and employment preference green cards in a year (8 U.S.C. 1152).
  • Form I-485 costs $1,440 on paper or $1,390 online (USCIS).

The usual path to a green card

  1. Step 1 Find your category Family, job, refugee or asylee status, the diversity lottery, or another program.
  2. Step 2 A petition is filed A relative (Form I-130) or employer (Form I-140) usually files. Some people can file for themselves.
  3. Step 3 Wait for a visa number if your category is capped The State Department's monthly Visa Bulletin shows whose turn it is.
  4. Step 4 Apply for permanent residence Form I-485 inside the U.S., or an immigrant visa through a consulate abroad.
  5. Step 5 Biometrics, interview and decision USCIS or the consulate reviews the case.
  6. Step 6 Permanent residence You receive the green card and can later apply for citizenship.

Sources: USCIS, How to Apply for a Green Card; 8 U.S.C. 1151-1153. Read October 14, 2026.

Every Path to a Green Card

USCIS groups green card eligibility into eight paths, and family is by far the largest. In fiscal 2024, 57.4% of new permanent residents were already living in the United States when they got status (USCIS; DHS).

The eight green card paths USCIS lists

PathWho it coversYearly cap
FamilySpouses, children, parents and siblings of citizens, and spouses and children of green card holdersImmediate relatives of citizens: no cap. Other family: yearly limits.
EmploymentWorkers with job offers or extraordinary ability, and immigrant investorsYearly limit
Special immigrantReligious workers, special immigrant juveniles, some Afghan and Iraqi nationals, and othersMost count in the EB-4 employment limit
Refugee or asyleePeople admitted as refugees or granted asylum at least one year earlierSeparate process
Crime and trafficking victimsHolders of T and U statusSeparate rules
Victims of abuseVAWA self-petitioners and othersSeparate rules
Other categoriesThe diversity visa lottery, the Cuban Adjustment Act and other special programsDiversity visa: yearly limit
RegistryPeople living in the U.S. continuously since before January 1, 1972No cap

Source: USCIS, Green Card Eligibility Categories (last reviewed September 4, 2026); caps from 8 U.S.C. 1151 and 1153.

New permanent residents by class, fiscal 2024
New permanent residents by class, fiscal 2024
CategoryValue
Immediate relatives of citizens672240
Family preferences188190
Refugees178200
Employment preferences171120
Other categories62800
Diversity visa49890
Asylees41650

Source: DHS Office of Homeland Security Statistics, 2024 Lawful Permanent Residents Annual Flow Report, Table 2a. Total 1,364,090. Refugee adjustments include people adjusted under the Cuban Adjustment Act.

Green Card Caps and Backlogs

Waits depend on whether your category has a yearly cap and how many people from your country are ahead of you. Congress set at least 226,000 family preference green cards and 140,000 employment green cards a year, plus 55,000 through the diversity lottery (8 U.S.C. 1151). No single country can use more than 7% of the family and employment total. At the base levels, that is about 25,620 a year (8 U.S.C. 1152).

Family preference categories and their yearly caps

CategoryWho qualifiesYearly cap
F1Unmarried adult children of citizens23,400
F2Spouses, children and unmarried adult sons and daughters of green card holders114,200
F3Married children of citizens23,400
F4Brothers and sisters of adult citizens65,000

Source: 8 U.S.C. 1153(a). The four caps add up to the 226,000 floor. At least 77% of the F2 numbers go to spouses and minor children of green card holders.

Employment green cards split by preference. EB-1, EB-2 and EB-3 each get 28.6% of the employment total, about 40,040 a year at the base level. EB-4 and EB-5 get 7.1% each (8 U.S.C. 1153).

When more people apply than a category allows, a line forms, and the monthly Visa Bulletin shows how far it has moved. Your place in line is your priority date, usually the date your petition was filed. The bulletin has two charts. Dates for Filing say when you can apply. Final Action Dates say when a green card can be approved. For October 2026, USCIS says all family and employment applicants filing Form I-485 must use the Dates for Filing chart. A worldwide EB-2 applicant could file with a priority date before March 15, 2026, while one born in India needed a date before January 15, 2015 (USCIS).

Employment Dates for Filing, October 2026

CategoryMost countriesChinaIndia
EB-1CurrentJuly 1, 2024July 1, 2024
EB-2March 15, 2026January 1, 2023January 15, 2015
EB-3August 1, 2024April 1, 2024January 15, 2015

Source: USCIS, When to File Your Adjustment of Status Application, October 2026 (read October 14, 2026). "Current" means no wait for a visa number. File only if your priority date is earlier than the date shown. Dates change monthly.

Final Action Dates run further back. For EB-2 in October 2026, they were January 1, 2025 for most countries and November 1, 2013 for India, according to Fragomen’s summary of the bulletin.

Family categories have their own lines. The oldest date in USCIS’s October 2026 family filing chart is for brothers and sisters of citizens born in Mexico (F4): they could file only with a priority date before April 30, 2001 (USCIS). Check the State Department’s current bulletin for your category, and USCIS’s processing times for how long each form takes.

Green Card Fees

The main USCIS form to become a permanent resident, Form I-485, costs $1,440 on paper or $1,390 online for applicants 14 and older. A child under 14 filing with a parent pays $950 on paper (USCIS fee schedule).

USCIS fees for common green card forms

FormWhat it is forPaperOnline
I-130A relative files a family petition$675$625
I-485Apply for a green card inside the U.S., age 14 and up$1,440$1,390
I-485Under 14, filing with a parent$950$900
I-751Remove conditions on a 2-year card$750$700
I-90Replace or renew a green card$465$415
USCIS Immigrant FeePaid by people immigrating from abroad$235Same

Source: USCIS Form G-1055, fee schedule, edition 10/07/26, read October 14, 2026. Some fees adjust each year by law; check the current schedule before you pay.

A citizen sponsoring a spouse who is already in the United States pays $2,115 to file both forms on paper. That does not include medical exam or lawyer costs.

Green Card Rule Changes in 2025 and 2026

Three changes affect people applying now: a new public charge rule, holds on applicants from certain countries that courts have blocked, and a push toward online filing.

Green Card Rules to Watch

As of October 14, 2026

  • Public charge rule Agency action

    DHS rescinded the 2022 rule. The new rule applies to adjustment applications filed on or after September 18, 2026, and gives officers broader discretion. (source)

  • Holds on cases from high-risk countries (PM-602-0192 and PM-602-0194) Blocked by a court

    A Rhode Island federal court vacated both memos on June 5, 2026. A California federal court enjoined them on August 24, 2026 and certified a class. USCIS says it strongly disagrees but will follow the orders pending possible further review. (source)

  • Mandatory electronic filing Agency action

    An interim rule effective August 11, 2026 lets USCIS require online filing for some forms, with a waiver process. (source)

Source: Federal Register; USCIS alerts of June 12, August 28 and September 4, 2026.

Public charge. A green card applicant can be denied if officers find the person likely to become a “public charge.” On July 20, 2026, DHS rescinded the 2022 rule on how officers decide that, saying the old rule “hampered DHS’s ability” to make accurate decisions and that the change “restores broader discretion.” The new rule covers adjustment applications filed on or after September 18, 2026; means-tested benefits received before that date are judged under the 2022 rule (Federal Register).

Holds on applicants from high-risk countries. USCIS memos paused asylum cases and other benefit applications, including green card applications, for nationals of countries named in presidential travel proclamations. A federal court in Rhode Island vacated the memos on June 5, 2026 (USCIS). On August 24, a federal court in California ordered USCIS to process covered cases “in the normal course.” The order covers a class of people from 39 countries and the Palestinian Authority. USCIS said it “strongly disagrees” but will follow the order “pending possible further judicial review” (USCIS). On August 28, 2026, the same California court set aside a separate hold on diversity visa green card cases (PM-602-0193) for now. It also certified a class of 2026 lottery winners held under it (USCIS).

Keeping a Green Card

A green card is permanent only as long as you keep living in the United States. USCIS says brief trips usually do not affect status. For longer ones, officers use an absence of more than 1 year as a general guide to whether someone gave up the card. Before a long trip, you can apply for a reentry permit, good for up to 2 years, to help show you meant to return (USCIS).

  • Renew on time. File Form I-90 if your card has expired or will expire within 6 months (USCIS).
  • Conditional residents. If you have a 2-year card, you must file Form I-751 to remove the conditions before it expires (USCIS).
  • Plan for citizenship. Absences of 6 months or more may break the continuous residence you need to naturalize (USCIS). Our citizenship test guide covers the rest of the path.
1,364,090
New permanent residents, fiscal 2024
49.3%
Were immediate relatives of citizens
10.5 million
Just under this many new permanent residents, 2015 to 2024

If you are working toward a green card

You are married to a U.S. citizen
  1. Your spouse files Form I-130; if you are in the U.S., you may be able to file Form I-485 at the same time.
  2. Spouses of citizens have no yearly cap.
  3. Follow the Form I-130 instructions on what evidence of the marriage to include.

Spouses of citizens are immediate relatives, outside the yearly limits, so the wait is processing, not a visa line.

An employer wants to sponsor you
  1. Ask which preference category the job fits: EB-1, EB-2 or EB-3.
  2. Check your country's line in the current Visa Bulletin.
  3. Keep your priority date notice; it sets your place in line.
You have refugee or asylum status
  1. Refugees can apply one year after admission, and asylees one year after asylum was granted.
  2. Check the USCIS eligibility page for your category.
  3. Get free legal help before you file.
You are already a green card holder
  1. File Form I-90 once your card is within six months of expiring.
  2. Apply for a reentry permit before any trip longer than a year.
  3. Track your time in the country if you plan to naturalize.

General information, not legal advice. Immigration rules change often; use USCIS and a lawyer or DOJ-accredited representative for your case.

Green Card Questions

How do you get a green card?

Most people qualify through a close family member or a job, and others through refugee or asylum status, the diversity visa lottery, or special programs. Usually a relative or employer files a petition first, then you apply to become a permanent resident, either from inside the United States with Form I-485 or through a U.S. consulate abroad.

How much does a green card cost?

USCIS fees depend on your path. Form I-485 costs $1,440 on paper or $1,390 online, and a family petition on Form I-130 costs $675 on paper. A spouse applying from inside the country pays $2,115 for both paper forms. People immigrating from abroad pay a $235 USCIS immigrant fee.

How long does it take to get a green card?

It depends on the category and your country. Spouses and unmarried children under 21 of U.S. citizens, and parents of citizens 21 or older, have no annual cap, so they wait only for processing. Other family and employment categories have yearly and per-country limits, and some applicants from high-demand countries wait many years for a visa number. USCIS posts current processing times online.

Can a green card be taken away?

Yes. USCIS says a permanent resident who did not intend to make the United States a permanent home can be found to have abandoned that status, even after a trip of less than a year. Its general guide is whether you were away for more than a year, and a reentry permit obtained before leaving helps show you meant to return.

What is the per-country limit on green cards?

No single country can receive more than 7% of the family and employment preference green cards issued in a year. That is why applicants from high-demand countries such as India and China can wait years longer than others in the same employment category.

How soon can a green card holder become a citizen?

Usually after five years as a permanent resident, or three years for someone married to and living with a U.S. citizen. You then file Form N-400 and pass the English and civics tests.

What You Can Do

  1. Find your category first. Start with USCIS’s eligibility categories; each links to its own rules.
  2. Use trusted help. USCIS explains who can legally help, including lawyers and DOJ-accredited representatives, on its legal services page. Be wary of anyone promising a guaranteed green card.
  3. Check the Visa Bulletin each month if your category has a line: the State Department’s bulletin posts new dates monthly.
  4. Tell Congress what you think of the caps. Only Congress can change the yearly limits and the 7% per-country rule. Our letter-writing guide shows how.
  5. Learn your rights. Read our guides to ICE arrest powers, deportations and the H-1B visa.