With the current backlogs experienced across various sections of United States Citizenship and Immigration Services (USCIS), the agency is taking temporary measures in an effort to reduce the massive number of petitions and applications pending adjudication. Millions of foreigners are awaiting decisions on everything from asylum requests to work visas, but the most challenging backlog is related to green cards.
Foreigners who intend to make the U.S. their permanent home must go through the process of obtaining legal residence. The multistep process has two adjudications and two potential outcomes. Petitions to attain residency status can be approved or rejected, and these decisions result in the issuance of conditional or permanent green cards. The conditional green card is valid for two years, and it’s not supposed to be renewed unless there are rare and extraordinary circumstances. Immigrants with conditional green cards are expected to continue the process so the conditions can be removed, and then they can get 10-year cards with renewal options. The San Diego immigration attorneys from KS Visa Law explain.
Immigrants Who Get 10-Year Green Cards
Most immigrants get permanent residence status without conditions. According to USCIS statistics for fiscal year 2022, only 13 percent of all green cards issued were for two years with conditions, and the majority were:
- Spouses of permanent residents
- Spouses of American citizens who went through the K-1 visa process for fiancés and fiancées and who have been married for less than 24 months
- Investors who went through the EB-5 visa process
The main goal of 2-year green cards is to deter marriage or business fraud, but they’ve been used historically for special immigrant classes a few times. In 2023, some immigrants getting 2-year green cards are those who worked for the U.S. military overseas during wartime, some special refugees, and some victims of human trafficking. All other immigrants should get 10-year green cards.
The Future of Green Card Processing
In October 2023, a task force assigned to improve USCIS operations announced that Employment Authorization Documents would be extended with a validity of five years for immigrants whose green card applications are pending. Before the announcement, EAD cards were only valid for two years, and applications for renewal began to pile up on desks at USCIS regional processing centers.
What the USCIS task force has in mind is to focus on the mountains of Form I-485, Application to Register Permanent Residence or Adjust Status, packets currently pending review, but this may take as long as four years—hence the extension of EAD validity. What some legal analysts believe is that the USCIS task force may recommend reducing the scope of the 2-year green card. This would reduce the number of I-485 packets to process. If this measure is adopted, it would require a system to expedite travel requests from immigrants who wish to return home for longer periods without compromising their visas, EAD cards, or admissibility criteria.
If you’d like more information about green cards or you need the services of a reliable, trustworthy San Diego immigration lawyer, reach out to KS Visa Law today. Call 858-874-0711 to schedule an appointment.