U.S. Immigration

Guides

• Asylum & Humanitarian Protection

  Asylum protects people already in the U.S. who fear persecution back home on account of race, religion, nationality, political opinion, or membership in a particular social group. There are two paths — affirmative (with the USCIS Asylum Office) and defensive (before an immigration judge) — both on Form I-589, generally filed within one year of arrival. Related protections include withholding of removal and the Convention Against Torture.

• DACA (Deferred Action for Childhood Arrivals)

  DACA lets certain people who came to the U.S. as children request that their removal be deferred for a renewable two-year period and apply for work authorization. It does not grant lawful immigration status and creates no path to a green card or citizenship. DACA is administered by USCIS on Form I-821D and is subject to ongoing federal court rulings.

• Family-Based Immigration & the I-130 Petition

  A U.S. citizen or green card holder can sponsor a qualifying relative by filing Form I-130. Immediate relatives of citizens (spouse, unmarried child under 21, parent) have unlimited visas with no wait, while other relatives fall into the numerically limited F1–F4 preference categories that can have long waits.

• Green Card Renewal & Replacement

  Lawful permanent residents use Form I-90 to renew an expiring green card or replace one that's lost, stolen, or damaged. Renewing the card is not the same as renewing your status — permanent resident status itself doesn't expire, only the card does. Conditional residents with a 2-year card generally use Form I-751 to remove conditions instead of Form I-90.

• How to Get a U.S. Green Card

  A green card makes you a lawful permanent resident, able to live and work in the U.S. permanently. Most people qualify through a family or employment category (or humanitarian programs or the diversity lottery), and get it either through adjustment of status (Form I-485) if already in the U.S., or consular processing if abroad.

• Immigration Appeals & Federal Litigation

  A person who disagrees with an immigration judge's decision can appeal to the Board of Immigration Appeals (BIA) by filing Form EOIR-26, which must be received within 30 days. If the BIA rules against them, most decisions can be challenged by a petition for review in the appropriate federal Circuit Court of Appeals. Habeas corpus is a separate federal process sometimes used to challenge the lawfulness of immigration detention.

• Immigration Bonds & Detention

  When ICE detains someone, they may be released on an immigration bond that helps ensure they appear at future proceedings. ICE can set an initial bond, and a detained person can ask an immigration judge (EOIR) to reconsider the amount at a bond redetermination hearing. But certain people are subject to mandatory detention under the law and are not eligible for release on bond.

• Removal (Deportation) Proceedings & Immigration Court

  Removal (deportation) cases are heard in federal immigration court, run by the Justice Department's EOIR, before an immigration judge. A case starts when the government files a Notice to Appear. You have the right to a lawyer — but at your own expense — and may be able to apply for relief; decisions can be appealed to the Board of Immigration Appeals.

• U.S. Citizenship & Naturalization

  To naturalize, you generally must be 18+, a green card holder for at least 5 years (or 3 years if married to and living with a U.S. citizen), meet residence and physical-presence rules, show good moral character, and pass an English and civics test. You apply on Form N-400 and become a citizen at the Oath of Allegiance.

• U.S. Immigration: How the System Works

  U.S. immigration is federal law. Most people gain the right to live here through one of four paths — family, employment, humanitarian protection, or the diversity visa lottery — and either hold a temporary (nonimmigrant) visa or become a lawful permanent resident (green card holder) on the way to possible citizenship.

• U.S. Visas: Immigrant vs. Nonimmigrant

  U.S. visas fall into two broad groups: nonimmigrant visas for temporary stays (tourism, study, or temporary work) and immigrant visas for people coming to live permanently — which lead to a green card. The right category depends on your purpose and how long you intend to stay.

• Visas for Victims: U Visa, T Visa & VAWA

  U.S. immigration law has special protections for victims: the U visa for victims of certain crimes who help law enforcement, the T visa for victims of human trafficking, and VAWA self-petitions that let an abused spouse, child, or parent of a citizen or green card holder seek status without the abuser's involvement.

Find local immigration help

Immigration is federal, but the USCIS field office and immigration court that handle your case are local. Pick your city for the offices that serve it.