Immigration Overview

Last updated May 17, 2024

Immigration involves coming to another country to live permanently. U.S. immigration laws, regulations, and court rulings strictly regulate who can enter and remain in the country.

If you want to move to the United States for a job, family reasons, or another purpose, you must navigate the immigration system. It may take years after entering the U.S. before you can become a U.S. citizen or even get your green card. If you want to have questions about U.S. immigration law, talk to an immigration lawyer for legal advice.

US Immigration 101

U.S. immigration laws are complex and always changing. There are a few U.S. government agencies that are involved in handling immigration regulations and enforcement. The Department of Homeland Security (DHS) is the head agency that oversees the following:

  • U.S. Citizenship and Immigration Services (USCIS): Oversees immigration and naturalization
  • U.S. Immigration and Customs Enforcement (ICE): Handles immigration enforcement, including deportation and removal proceedings
  • Customs and Border Protection (CBP): Maintains border security and enforces border crossings at ports of entry

The following information provides an overview of the immigration system of the United States government.

Temporary Workers and Visas

Some immigration laws provide for temporary lawful status. This includes non-immigrant visas for temporary workers, students, and tourists. This is a limited visa that allows people to come to the U.S. for a specific purpose and for a limited time. As a temporary visitor, you may be able to apply for an adjustment of status if you qualify.

Temporary protected status (TPS) is temporary protection for noncitizens from certain home countries. However, TPS does not give any lawful immigration status.

There are various pathways to immigration. These depend on the purpose for coming into the country. The most common types of immigration status include:

  • Family reunification from your home country in the U.S.
  • Employment
  • Immigrant investors
  • Refugees and asylees

Eligibility will depend on several factors, including your age, family situation, employment, education, and country of birth. Many immigration categories have annual caps, limiting the number of people who can come to the U.S.

Family Member Immigration

Family-based immigration allows families to stay together in America. This is for eligible family members of U.S. citizens or lawful permanent residents (LPRs). Immediate relatives are eligible to apply for immigration, including:

  • Spouses
  • Unmarried children under the age of 21
  • Parents

Other family members, including adult children and siblings, may also be able to apply for immigration. Limited visas are also available for spouses and children of green card holders.

Immigration applications and eligibility for family reunification depend on the relationship category. Spouses, children, and parents of U.S. citizens are given higher priority. Other types of relatives and relatives of LPRs are subject to annual limits.

Immigration for Job Opportunities

Immigration for job opportunities is available for certain job categories. To be anything other than a temporary worker, you must qualify under one of the following preference categories:

  • People with extraordinary ability, outstanding professors and researchers, and multinational executives
  • People with exceptional ability and professionals with advanced degrees
  • Skilled workers, unskilled workers, and professionals
  • Special immigrants, including government workers, religious workers, and others
  • Immigrant investors

In addition to meeting the requirements to come to the U.S., your hopeful employer must have approval for a labor certification from the U.S. Department of Labor.

Immigrant Investor Programs

The immigrant investor visa program is for capital investments made by foreign investors. Your investments must be made in new businesses that benefit the U.S. economy and create jobs.

To qualify as an immigrant investor and receive an EB-5 visa, you must make a minimum qualifying capital investment and create at least 10 full-time jobs within two years.

Refugees and Asylum Seekers

Humanitarian immigration programs allow refugees and asylum-seekers to apply for lawful immigration. You must prove that you and any family members with you are victims of persecution.

As a refugee, you must receive a referral to the U.S. Refugee Admissions Program, undergo a medical exam, and meet specific security criteria before entry. As an asylum seeker, you can apply for protection after arriving at a port of entry. You may be able to include your spouse and any unmarried children under the age of 21.

Diversity Visa Program

The Diversity Immigrant Visa Program offers a limited number of immigrant visas every fiscal year. The diversity visa lottery is for countries with low immigration rates to the U.S.

Selection involves a random drawing with limits for each country. To apply, you must also meet certain education or work experience requirements.

Get an Immigration Lawyer’s Help

You may be able to apply for immigration on your own. However, making a mistake or missing a deadline will hurt your chances of getting approved. An immigration lawyer is familiar with the U.S. laws and immigration policy. They will be able to help you gather documentation and evidence to support your application. Contact an immigration lawyer for legal advice to guide you through the immigration process.

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