How the United States Immigration System Works

The US immigration system comprises a complex network of visas, humanitarian relief, pathways to permanent residency and citizenship, as well as temporary status for individuals facing crises in their home country.  To ensure a successful immigration journey, it is important to understand what the process involves and work with an experienced and knowledgeable attorney who can assess your eligibility and review your documents. At Kats Immigration Law Firm, we help you understand your options and guide you every step of the way so you can legally enter, stay, and become permanent residents of the United States.

The law governing the US immigration policy is called the Immigration and Nationality Act (INA). Every year, the INA allows the government to grant visas to a large number of noncitizens to enter the country temporarily. Such nonimmigrant visas are granted to tourists, foreign students as well as temporary workers who can stay in the country for varying lengths of time.

While certain visas, especially employment-based nonimmigrant visas are subject to annual caps, other nonimmigrant visas have no limit, including tourist and student visas.

Different Types of Immigrant Visas

To migrate to the United States, you will need to figure out which type of green card you are eligible for. Your chances of migration can increase if you qualify for one of the following:

• Family-based green cards
• Employment-based green cards
• Humanitarian relief
• Diversity lottery green cards
• Refuge and asylum

Once an individual is granted an immigration visa or certain other eligible protections, they can apply to become a lawful permanent resident. Individuals arriving on immigrant visas become LPRs when they reach the US. After staying in the United States for five years or three years under some circumstances, LPRs can apply for citizenship. LPRs can apply for nearly all jobs and are permitted to remain in the country permanently while they are subject to immigration laws.

Read on to learn in detail about these visa types and how they can help you move to the United States and start a new life here.

Family-Based Immigration

Uniting families is a significant principle that governs the US immigration policy. The family-based immigration system allows US citizens and LPRs to sponsor certain family members to help them achieve LPR status. Even US citizens seeking to help immediate family members already in the United States have to first petition for a visa so their family member can become an LPR.

Immediate relatives of US citizens can benefit from an unlimited number of visas every year. However, prospective immigrants in this category must meet standard eligibility criteria, and the petitioners must meet certain age and financial requirements.

Immediate relatives include:

• Spouses of US citizens
• Unmarried children under 21 years
• Parents of the US citizens – the petitioner must be at least 21 years old to file a petition

US citizens can also sponsor their non-immediate family members under the limited number of visas available in the family preference system. Prospective immigrants must meet the standard eligibility criteria, while the petitioner must meet certain age and financial requirements.

The family preference system includes:

• Adult married or unmarried children of US citizens
• Brothers and sisters of the US citizens – the petitioner must be at least 21 years
• Spouses and unmarried, minor children of LPRs

To balance the overall number of immigrants arriving in the US on family-based immigration, Congress has established a complicated system for calculating the available number of family preference visas for any given year. You can learn more about family-based immigration by consulting an immigration attorney or going through the information on the US government’s official website.

Employment-based immigration
The United States provides several options for immigrants with valuable skills to come to the US on either a temporary or permanent basis.

Temporary visa classification
Temporary employment-based visa classification enables employers to hire foreign nationals for specific jobs for limited periods. Most temporary workers must work for employers who petition for them and have limited ability to change jobs.

There are more than 20 types of visas for temporary nonimmigrant workers including:

• L-1 visas for intracompany transfers
• Various P visas for athletes, entertainers, and skilled performers
• R-1 visas for religious workers
• Various A visas for diplomatic employees
• O-1 visas for workers of extraordinary ability
• Various H visas for both highly skilled and lesser-skilled workers

All these visa classifications vary in terms of their eligibility requirements, duration, and whether they permit their employers to bring dependents and other factors.

Permanent immigration
Every year, 140,000 employment-based immigrants are allowed in the US. This number includes the immigrants and their eligible spouses and minor unmarried children. The total number of available visas is then divided into five preference categories. For some categories, the sponsoring employer must first test the U.S. labor market under terms and conditions established by the Department of Labor (DOL). The Secretary of Labor must certify that the petitioner’s application meets certain requirements before the sponsor may file a petition.

Per-country ceilings
There is also a limit on how many immigrants can come to the United States from any one country. At present, no group of permanent immigrants from a single country can exceed 7% of the total number of people migrating in a single fiscal year. This is to prevent any immigration group from dominating the immigration flow in the country.

Refugees and asylees
People who are unable to return to their home countries due to a well-founded fear of persecution due to their race, religion, membership of a political or social group, or national origin and seek admission to another country are called refugees. Refugees can apply for admission from outside of the United States, often from a transition country different from their home country.

Every year, thousands of people seek admission into the US on several factors, such as the degree of risk they face, membership in a group that is of special concern to the United States, and if they have family in the United States. Even though the number of refugees admitted into the US has been falling drastically, the US remains one of the most popular places for people seeking refuge.

Asylum is available to people already present in the United States or those who arrive at the port of entry and seek protection based on the same grounds as refugees. There is no limit on the number of individuals who may apply for asylum and no specific categories for determining who may seek asylum.

Both refugees and asylees are eligible for permanent residency one year after they are admitted to the United States as a refugee or one year after receiving asylum.

The diversity visa program
The diversity visa program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. 55,000 visas are allowed every year through a computer-generated lottery to bring nationals from countries that have sent fewer than 50,000 immigrants to the US in the past 5 years. Diversity visas are distributed on a regional basis and benefit Africans and Eastern Europeans in particular.

Eligible candidates from qualifying countries must have a high school education or its equivalent acquired within the past 5 years or a minimum of two years experience of working in a profession requiring at least two years of training. Spouses and minor children of the principal applicant may also enter as derivatives.

Related: Do I Need an Immigration Lawyer for U.S. Citizenship?

Other Forms of Humanitarian Relief

Certain other visa categories enable individuals to enter and stay in the United States for a limited time without visas.

They include:

• Temporary Protected Status (TPS) – It is granted to people who are in the United States and cannot return to their home country due to a natural disaster, extraordinary temporary conditions, or ongoing armed conflict from specified countries or regions within a country. TPS is granted to individuals from a country for six, twelve, or eighteen months and can be extended if unsafe conditions persist or if they meet the entry and residency requirements for that particular TPS designation. TPS may not necessarily lead to LPR or any other immigration status.
• Deferred Enforced Departure (DED) – It offers protection from deportation to people whose home countries are not safe for them. DED is at the discretion of the executive branch and does not necessarily lead to LPR or any other immigration status.
• Deferred Action for Childhood Arrivals (DACA) – This program permits certain people who came to the US under the age of 16 and have been living here since 15 June, 2007, to remain in the United States and work lawfully for at least two years, if they have no criminal record and hold a degree. It does not lead to any path to permanent legal status and has to be renewed after two years.
• Humanitarian parole – It is an executive authority that permits certain individuals to enter the United States if they do not meet the definition of a refugee and may not be eligible to immigrate through other pathways. Parolees can enter the country temporarily for urgent humanitarian reasons or significant public benefit. It allows people fleeing wars and other tragedies from all parts of the world to seek temporary residence in the US. If people granted parole wish to stay in the country long term, they must apply for and obtain a different immigration status. Parolees can also apply for work permits while they are living here.

U.S. Citizenship
An individual can acquire US citizenship through naturalization. For this, they must have had LPR status, and a green card for at least five years or three years if they got their green card through a US citizen spouse or the Violence Against Women Act. There are other exceptions, including but not limited to members of the US military who serve in a time of war or declared hostilities.

Permanently moving to the United States requires you to have your application approved by the government. Applicants must be at least 18 years old, prove continuous residence, demonstrate good moral character, pass English, US history, and civics exams, and pay an application fee, among other requirements to become a US citizen. This can be complicated and expensive, but knowing what to expect can make the process much smoother and faster.

Alina Kats helps you understand how the US legal immigration system is designed and functions and ensures you meet all the requirements to have your application approved by the authorities. She clearly explains what lies ahead, stays with you throughout the process and offers compassionate, legal guidance regarding your immigration case, which can take you closer to achieving your goals.