Using Your Legal Plan

How to Immigrate to the U.S.: Visas, Green Cards & Steps

Immigrate to the United States

7-minute read

Immigrating to the United States can be an overwhelming process. Some of the government websites are hard to understand. It can be unclear what documents you actually need and what the process will be like. Here is an overview of the main things to know if you want to immigrate to the U.S.

What are the main ways to immigrate to the U.S.?

Family-based immigration

This process involves a family member who is a U.S. citizen submitting an immigration petition (request) for their foreign relative. These fall under the “immediate relative” category of family immigration. The immigrant must be:

  • The spouse of a U.S. citizen. (this also applies to married same-sex couples)
  • Unmarried minor (younger than 21 years old) children of U.S. citizens.
  • Parents of a U.S. citizen who is at least 21 years old.

Family preference categories

There are also a limited number of visas every year for immigrants who fall into the following “family preference category”:

  • Adult children (married and unmarried) of U.S. citizens.
  • Brothers and sisters of a U.S. citizen who is at least 21 years old.
  • Spouses and unmarried children of lawful permanent residents (LPRs). LPRs are non-American citizens who the government has given a “green card" to (which signifies permanent residence in the U.S.) and who are allowed to be here permanently.

First step: the petition

With family-based immigration, both you and the U.S. citizen/LPR sponsor must meet the appropriate age and income requirements. The sponsor has to prove that he or she makes enough money to support you (since sponsors must sign a document accepting legal responsibility for your finances).

The government will also need proof that the family relationship is real. Proof will vary based on who is sponsoring you but could include legal documents like marriage and birth certificates, old family photos, cards and letters or phone records — anything to show the relationship has existed since before you started the application process.

Even when visas aren’t capped in the same way, processing and scheduling can still take time, and preference categories depend on priority dates and the Visa Bulletin

Employment-based immigration

If you have a job lined up in the United States, you’re most likely eligible for a work visa. It can be a temporary worker visa or a permanent visa (green card), based on whether the employment is for a fixed period of time or whether it’s a long-term, permanent position.

Temporary workers

temporary worker visa requires the employer to submit an application and other proof of employment before you’re allowed to enter the United States. Depending on the job, the employer may also have to complete a labor certification form. There are various categories of temporary worker visas, based on skills and educational degrees, that are detailed by the State Department here.

Permanent workers

permanent worker visa is divided into five categories based on the type of employment. Depending on the category, you may have to have proof of employment and your employer may have to submit a labor certification. The five categories of permanent worker visas are:

  1. EB-1: Priority Workers — The highest level with the fastest certification process, this category is for people with “extraordinary ability,” outstanding professors and researchers or certain multinational managers or executives. 
  2. EB-2: Professionals with Advanced Degrees — This group includes people whose professions need advanced degrees (like physicians, scientists and attorneys) and people of “exceptional ability” in the arts, sciences or business. If you’re in this category, labor certification is required. Some people in this category may qualify for a national interest waiver. 
  3. EB-3: Skilled, Professional and Other Workers — The U.S. government defines “skilled workers” as a job that requires at least two years of training or work experience (that isn’t seasonal/temporary). Professionals are those with a bachelor’s degree (or foreign equivalent). If you’re in this category, you’ll need to have a full-time job already lined up and labor certification.
  4. EB-4: Special Immigrants — You may qualify for this category if you’re a religious worker, government employee, translator or broadcaster.
  5. EB-5: Investors — This category has very specific restrictions – you must invest in a U.S. commercial enterprise and meet job creation requirements.

Coming to the United States as a refugee

A refugee, as defined by U.S. law, is someone outside the United States who can show they have been/are being persecuted or fear persecution in their home country because of race, religion, nationality, political opinion or membership in a social group. The refugee application process involves referrals from the U.S. Refugee Admissions Program. Learn more here.   

Coming to the United States by seeking asylum 

Asylum is different from refugee status: it generally applies to people who are physically present in the United States and who fear persecution on similar protected grounds. 

Is there a difference between a green card and a visa?

The language used around immigration documents can be confusing. When most people use the word “visa” they are referring to a temporary, non-immigrant visa, but there are two major visa types. 

  • An immigrant visa is issued to a person who intends to live permanently in the United States. 
  • A nonimmigrant visa is issued to a person who intends to come to the U.S. temporarily for a specific reason, such as tourism, studying or temporary work. 

What is the process for immigrating to the United States?

Once you’ve determined what type of immigrant visa you’ll be applying for, you’re probably wondering what you need to do next.  Here’s a step-by-step look at what it takes to get an immigrant visa.

  1. The sponsor (family member who’s a U.S. citizen/permanent resident or prospective employer) files an immigrant visa petition with U.S. Citizenship and Immigration Services.
  2. For preference categories, visa availability depends on annual limits and the Visa Bulletin.  If you’re filing an adjustment of status from inside the United States, the U.S. Citizenship and Immigration Services (USCIS) explains that each month it designates whether applicants must use the Visa Bulletin’s Dates for Filing chart or Final Action Dates chart to determine when they may file. 
  3. After USCIS approves a petition, the U.S. Department of State notes the case is transferred to the National Visa Center (NVC) for pre-processing, and applicants receive a Welcome Letter to manage the case in the Consular Electronic Application Center (CEAC). 
  4. The U.S. Department of State explains CEAC electronic processing is designed to be secure and paperless in many situations, and applicants typically upload scanned documents rather than mailing them unless instructed. 
  5. The U.S. Department of State notes that after you submit fees, forms and supporting documents, the National Visa Center reviews the case to ensure it is complete before scheduling an interview based on embassy/consulate appointment availability. 
  6. At the end of your interview, you will know if your visa is approved or denied. 

How long does the immigration process take?

As you can see, there are many steps involved in the immigrant visa application process – and lots of paperwork. Timelines vary widely based on: 

  • The category, such as immediate relative vs. preference vs. employment
  • Visa availability (priority date movement in the Visa Bulletin)
  • Whether you are adjusting status in the United States or processing through an embassy or consulate. 

What if I want to become a U.S. citizen? How does the naturalization process work?

Naturalization is when a permanent resident becomes a full American citizen. To become a citizen, you need to meet several requirements. Specific situations (like getting your green card through marriage) may have different requirements, but the basic requirements you must meet are:

  • Be at least 18 years old
  • Have had a permanent resident card (green card) for at least five years
  • Prove you have lived at least three months in the state or district where you’re applying for citizenship
  • Prove you’ve maintained a residence in the United States for at least five years prior to applying for citizenship
  • Prove you’ve been physically in the United States for at least 30 months of the last five years
  • Read, write and speak basic English.
  • Have a basic understanding of U.S. history and government (civics)
  • Be a person of good moral character who demonstrates an “attachment to the principles and ideals of the U.S. Constitution”

If you meet all these requirements, then you can fill out and submit an application for naturalization. Then you’ll have a biometrics screening scheduled (to get your fingerprints) and an interview, which includes an English test (reading, writing and speaking) and a civics (U.S. history and government) test, where you will be asked up to 20 questions out of a possible 128

If you pass the tests and the interview and your application is approved, you then take an oath of allegiance to the United States and become a U.S. citizen! For more information about the process, consider attending one of the U.S. Citizenship and Immigration Services free informational sessions in your area.