If we work backwards from the final outcome of obtaining a U.S. Green Card, we can understand the mechanics of gaining permanent residency. At its simplest, what is a green card in the US? It’s proof of lawful permanent residence—allowing long-term living and working in the country. This guide also clarifies how to get a green card in the U.S. without losing sight of the practical steps that matter.
The outcome, i.e. the ability to work for most U.S. employers, establish residence where appropriate, and re-enter the United States after routine international travel, is achieved by satisfying EB-5 requirements as well as a number of other checklist items which we will discuss here. Permanent residents file taxes, keep addresses current with USCIS, and (after three or five years depending on category) many qualify to apply for citizenship. This end state is the same whether your basis is family, employment, humanitarian relief, or the EB-5 visa. The green card achievable through the EB-5 program is simply the same permanent resident status obtained through a qualifying investment that creates U.S. jobs. A US green card confers these rights and responsibilities in a single credential.
Reaching that final outcome depends on two cross-cutting elements. Firstly is satisfying the legal standard with coherent documentation, and secondly being synchronous with visa availability. For EB-5 petitioners, the first is captured within EB-5 requirements; the second is found in the monthly Visa Bulletin and is demonstrated in the real world through changes and flows in EB-5 processing times. People often frame this as How to get a US Green card when already in another status; in practice, the answer is the same: meet eligibility and file in a lane that’s actually open.
Common tripwires
Post-RIA enactment, Adjustment of Status (AOS) occurs for petitioners within the United States. Applicants file Form I-485 and applications for employment authorization and advance parole (EAPs and APs) to help bridge the waiting period. This path is most commonly seen among H-1B professionals, F-1 students, and foreign nationals living in the U.S. on other work/travel visas. By contrast, consular processing occurs abroad: documentation is assembled with the National Visa Center, followed by interview at a U.S. consulate; admission to the United States as an immigrant completes the process. Neither route can be considered as universally faster, although in recent times (especially in countries with particularly slow-moving consulates) concurrent filing lends itself to faster processing times. However, expectations can be driven by a number of factors, and predictable errors can throw off a case’s success.
For example, departure without advance parole after filing AOS. Another could be filing the medical exam too early so it expires. Issues like this exist regardless of project category or visa set-aside category, and affect many petitioners of EB-5 green cards.
Different doors applicants may use
As far as employment-based visas, the options are EB-1 (extraordinary ability, outstanding researchers/professors, multinational managers); EB-2 (advanced degree or exceptional ability, including NIW); EB-3 (professionals, skilled workers, other workers); EB-4 (special immigrants); and EB-5 (investors). EB-1/EB-2/EB-3 cases usually begin with PERM labor certification, followed by I-140, then I-485 or consular processing when the priority date is current. For investors, the EB-5 requirements focus on a qualifying at-risk investment from a lawful source with a documented path of funds, and creation of at least ten full-time U.S. jobs per investor. Whether direct or via an EB-5 Regional Center, the destination is the same: eligibility for an EB-5 Green card once criteria and timing align.
Family-based. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) are not numerically capped and typically face shorter waits. Other relatives fall into preference categories with annual and per-country limits; lengthy queues for siblings from high-demand countries are a common result. Evidence is relationship-centric—bona fide marriage documentation, joint financial records, and a compliant Affidavit of Support.
Humanitarian and special programs. Asylees and refugees (after one year), certain crime or trafficking victims (U/T), Special Immigrant Juveniles, and Diversity Visa recipients follow narrow, rule-intensive paths that nonetheless lead to the same permanent resident status.
The Visa Bulletin
Each immigrant visa case has a priority date. For family cases, this is generally the I-130 filing date; for employment cases, it is the PERM filing date or the I-140 filing date; and for investors, the I-526E filing date. The State Department’s Visa Bulletin is essential in this regard because it indicates whether a category and country are “current”. Further, the “Dates for Filing” and “Final Action Dates” charts are essential to not confuse in regards of preventing premature filings or unnecessary delay. Under the EB-5 visa, applicants may also monitor movement in the program within reserved set-asides, which can diverge from the unreserved pool and shift EB-5 processing times from month to month. Timing your US green card application to these charts is a practical way to avoid idle months.
Often underestimated evidence
Certain documentation is often overlooked when it comes to ensuring the tightness and compliance of an application. Such examples include:
- Identity and civil records: correct-format birth certificates, passports, marriage/divorce records, and court dispositions where applicable.
- Medical exam: Form I-693, sealed; time the exam so that it remains valid through adjudication.
- Financial support: for family cases, a properly supported Affidavit of Support; for EB-5, rigorous source-and-path-of-funds documentation tracing every transfer into the new commercial enterprise.
- Status history (for AOS): I-94, visas, I-20/DS-2019/SEVIS where relevant, and I-797 approvals evidencing prior non-immigrant stays.
Being rigorous is essential for investors. To satisfy these EB-5 requirements, expect to submit tax returns, audited business financial statements, loan documents, and even bank ledgers that tie funds’ origin to destination. In projects which are sponsored by an EB-5 regional center, filing has to be aligned with the project’s I-956F posture, and produce evidence for how I-829 will be curated simultaneously. Beyond EB-5, general US green card requirements still apply—admissibility, proper filings, and credible evidence across the record.
Inadmissibility issues worth noting
In some cases, even backed by an approved petition and a current date, some issues cause inadmissibility. Specified criminal issues, fraud, or willful misrepresentation can automatically derail a petition. Additionally, health-related grounds or security concerns can do the same. Some grounds are waivable; thus, reliable and competent legal counsel is essential here, particularly for those pursuing the EB-5 visa after complicated status histories. Taking the wrong step in this area can extend EB-5 processing times substantially, or completely terminate the case. For readers asking How do you get a green card in the US when a prior overstay or misrepresentation is on the record, the realistic answer is: only with the correct waiver strategy and careful timing.
Interviews, Biometrics, and Fees
Expect biometrics (fingerprints and photograph), filing fees (verify current schedules), and often an interview. AOS interviews tend to be longer for marriage cases; employment or investor interviews are typically document-focused and efficient if the file is internally consistent. Consular interviews are formal and brief; responses should mirror the record rather than memory. Minor inconsistencies—omitted trips, mismatched dates—are avoidable credibility issues.
Ongoing Compliance
Maintaining permanent residence is not a one-time checklist; it requires ongoing compliance. For example, planning for long trips abroad requires re-entry permits. Filing accurate taxes and submitting address changes are some of the lesser-known tripwires that must be accurately maintained. Many residents later naturalize at five years (three for some married to U.S. citizens) by meeting continuous residence and “good-moral-character” requirements. Whether the initial basis was family, employment, or the EB-5 visa’s investment potential, the path is identical. If your card is expiring, you apply for a new US green card via the standard renewal process; if it’s lost, you replace it—neither changes underlying residence.
One closing recommendation: read the official form instructions in full before you begin and once again immediately prior to filing. Doing so eliminates many avoidable errors, keeps the case aligned with category-specific expectations, and helps ensure steady progress even when EB-5 processing times (or the relevant family/employment queues) remain variable. If you’re mapping how to get a green card in the U.S. while abroad versus inside the country, keep the same principle in mind: align eligibility, documents, and timing—and then file a clean, consistent record.
FREQUENTLY ASKED QUESTIONS
What’s the basic difference between getting a green card through EB-5 and other categories like family or work?
The end result is the same—a U.S. green card that lets you live and work permanently in the United States—but the path you take to get there is very different. Family-based cases focus on proving a real qualifying relationship and financial support; employment-based cases often revolve around a job offer, PERM labor certification, and an employer’s I-140. By contrast, the EB-5 visa route is built around meeting specific EB5 requirements: making a qualifying at-risk investment from a lawful source, documenting the full path of funds, and supporting the creation of at least ten full-time U.S. jobs per investor. So while the card you hold in the end looks the same, the evidence and strategy required to get there through EB-5 is much more financial- and project-driven than in most family or employment categories.
What is the difference between Adjustment of Status and consular processing for my green card?
The choice usually comes down to where you are living and what your short-term plans look like. If you’re already in the U.S. in valid status—on an H-1B, F-1, or another non-immigrant visa—Adjustment of Status (AOS) lets you file Form I-485 and, in EB-5 cases, often file for work and travel documents at the same time. That can be attractive because it may allow you to stay in the U.S. while you wait, even when EB5 processing times are unpredictable. Consular processing, on the other hand, is handled through a U.S. consulate abroad and ends with an immigrant visa stamped in your passport. It can be more straightforward if you live outside the U.S., but you don’t get the same in-country bridging benefits. In both paths, small mistakes—like traveling without advance parole after filing AOS or letting a medical exam expire—can cause delays or denials, so the “right” option depends on your travel needs, timeline, and current status.
What are some of the most common mistakes EB-5 investors make on the way to a green card? (VIDEO)
A lot of issues aren’t about the investment itself, but about the details around it. On the EB-5 side, one major pitfall is incomplete source-and-path-of-funds documentation—for example, gaps between accounts, unexplained transfers, or missing tax returns. On the immigration side, Adjustment of Status applicants sometimes leave the U.S. after filing without advance parole, or they do the medical exam too early and it expires before adjudication. Others don’t keep a clean record of their status history—old I-94s, visa stamps, I-20s, or I-797 approvals go missing. All of these can add friction to a case or extend EB5 processing times unnecessarily. Being thorough with paperwork and timelines isn’t glamorous, but it’s often the difference between a smooth case and one that stalls.
Why is the Visa Bulletin so important, especially for EB-5 investors?
The Visa Bulletin is basically the traffic signal for immigrant visas. Every family, employment, or EB-5 case is tied to a priority date, and the Visa Bulletin tells you whether that date is “current” for your category and country of chargeability. For EB-5 investors, that usually means watching the row for your country and the column for your specific EB-5 category, including any reserved set-asides you may qualify under. Confusing the “Dates for Filing” chart with the “Final Action Dates” chart is a common mistake and can lead to filing too early or waiting longer than necessary. Because EB5 processing times are heavily influenced by visa availability, the Visa Bulletin is the tool that tells you whether your case can move forward or has to wait in line, which in turn affects when you can file AOS or attend a consular interview.
Once I have a green card, is there anything special I need to do to keep it?
Yes—getting the green card isn’t the end of the process, it’s the beginning of ongoing compliance. Permanent residents are expected to file U.S. tax returns correctly, keep their address updated with USCIS, and avoid long trips abroad that look like they’ve moved their main home outside the United States. In EB-5 cases, there is the additional step of the I-829 petition to remove conditions, which requires proving that the required jobs were created and that your investment met the EB5 requirements over time, particularly if you invested through an EB-5 regional center with a multi-year project. Many green card holders later apply for citizenship after three or five years, depending on the basis of their residency, but that eligibility depends on continuous residence and good moral character. In short, the EB-5 visa or any other immigrant category may get you to permanent resident status, but staying in that status—and eventually naturalizing—requires a bit of ongoing attention and planning.