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.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Immigration is federal law and policy changes frequently. This is general information, not legal advice — verify current rules at uscis.gov and consult a qualified immigration attorney.
Immigration can feel like an alphabet soup of forms and categories, but the big picture is simpler than it looks.
It’s federal
Immigration status comes from U.S. federal law, administered mainly by USCIS (applications and benefits) and the immigration courts / EOIR (removal cases). California can’t grant status — but the process happens here, through California USCIS field offices and immigration courts.
Four main paths
Most people qualify through one of these:
- Family — sponsored by a U.S. citizen or permanent resident relative.
- Employment — sponsored by an employer, or based on ability or investment.
- Humanitarian — protection such as asylum or refugee status.
- Diversity Visa lottery — a limited program for people from certain countries.
The ladder: visa → green card → citizenship
A common progression:
- Visa. A nonimmigrant visa is temporary (tourism, study, temporary work); an immigrant visa is for coming to live permanently. See U.S. visas explained.
- Green card. A green card makes you a lawful permanent resident — you can live and work here permanently.
- Citizenship. After enough time as a permanent resident, you may apply for naturalization.
If you’re facing removal (deportation) proceedings, that’s a separate court process. Because the stakes are high, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Is immigration handled by California or the federal government?
- Immigration is federal — the rules come from U.S. law and agencies like USCIS and the immigration courts (EOIR). California can't grant immigration status, but the process happens at California USCIS offices and immigration courts, and the state funds some legal-aid programs.
- What are the main ways to immigrate to the U.S.?
- The four main paths are family-based (through a U.S. citizen or permanent resident relative), employment-based, humanitarian (such as asylum or refugee status), and the Diversity Visa lottery.
- What's the difference between an immigrant and nonimmigrant visa?
- Nonimmigrant visas are for temporary stays (tourism, study, temporary work). Immigrant visas are for people coming to live permanently — they lead to a green card.
- Do I need an immigration lawyer?
- You're not required to have one, but immigration is complex and high-stakes, and mistakes can have serious consequences. Many people consult a qualified immigration attorney or an accredited nonprofit.