What Are My Immigration Options?

There are different ways to come to or stay in the United States legally. 

Temporary stays: Some people can come and stay in the United States for a specific reason, like studying or working. This category is called non-immigrant because it does not allow you to stay permanently. When your reason for staying ends, you may be required to return to your home country—for example, if you're a student and you finish your studies or you are a worker and leave your job.

This category includes two well-known programs that allow you to remain temporarily in the United States, even if you have been living here without legal status:

• The "U visa" program, for victims of crime.
• The "T visa" program, for victims of trafficking.

Read more about these categories later in this article.

Staying permanently (the "green card"): The main category for people who want to live and work permanently in the United States is called "lawful permanent residency." This is often called having a "green card." A person with lawful permanent residency is called a "lawful permanent resident." There are only a few ways that you can become a lawful permanent resident. 

• The most common way is through a family member who is already a permanent resident or is a U.S. citizen. Read more below about family-based immigration. 
• Some special categories, including the "U visa" and "T visa" categories explained above, also allow you to apply to be a lawful permanent resident. 
• Some people may come to the United States as a refugee or apply for asylum when they are here, and be allowed to stay and eventually become a lawful permanent resident.

If you become a lawful permanent resident, after three to five years you can apply to become a U.S. citizen.  Read more below about becoming a citizen. 

If you are a U.S. citizen or a lawful permanent resident, you can apply to bring close family members to the United States. In some cases, you can apply for a family member who is already living in the United States, even if they are undocumented. 

If you are a lawful permanent resident or a citizen, you can apply for:

• Your spouse.
• Your children.
• Your parents. 

If you are a U.S. citizen, you can also apply for:

• Your siblings.

The process can take months or many years depending on what country your family member is from and their relation to you. 

• For example, if you are applying for your spouse, they may be able to get their residency immediately. 
• A sibling may need to wait for years or even decades, depending on which country they are from.
• In some cases, if your family member is already in the United States, they may have to travel back to the country where they were born as part of the process. 

A U.S. citizen must be at least 21 years old to file for a parent's immigration status.

Learn more about family-based immigration in this article on immi.org. Immi.org is a website by legal experts in U.S. immigration law. 

Who is a U.S. citizen:

If you were born in the United States, you are automatically a U.S. citizen, except in rare cases (such as children of foreign diplomats). This is true even if your parents are undocumented.

In January 2025, President Donald Trump signed an order to change the rules so people born in the United States would be U.S. citizens only if at least one parent was a U.S. citizen or legal permanent resident. That rule has been temporarily stopped by a judge who said it goes against the U.S. Constitution. 

• If you were born outside the United States, you may still be a citizen automatically if one of your parents was a U.S. citizen when you were born or became one before you turned 18 and you have lawful permanent residency (a "green card").

• There are more rules, so if you think this applies to you, talk to an immigration lawyer. 

Go here to read our article on finding immigration legal help.

Applying to become a citizen:

If you are not a U.S. citizen, you may be able to apply to become a citizen through naturalization. Naturalization is the process of becoming a U.S. citizen when you are an immigrant the United States. To qualify, you usually need to: 

• Be a lawful permanent resident (have your "green card") for at least 5 years (or 3 years if you're married to a U.S. citizen). Read more in our section on lawful permanent residency above.
• Pass an English test, unless you have a disability or you are older and have been a resident for many years.
• Pass a "civics" test about the history, geography, and politics of the United States.
• Show "good moral character" (such as no serious criminal record and no unpaid taxes or overdue child support).
• There are additional requirements, including requirements about living in the United States and travel outside the country.

To check if you might qualify, visit Citizenshipworks, a website by immigration legal experts that has an online screening tool. 

To know whether you should apply for naturalization, it's always best to talk with an immigration lawyer. Read more in our article on finding immigration legal help. 

If you are a lawful permanent resident (you have your "green card"), you are allowed to live and work in the United States. 

If you don't have a green card, you may be given a work permit (called an "Employment Authorization Document") if you have filed an immigration application, such as an application for asylum, Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and other special programs and visas. In most cases, the application for your work permit was part of the application for the immigration status or program. 

If you don't have a legal immigration status in the United States (you are "undocumented"), and you haven't applied for an immigration program, there is no way to apply only for a work permit. 

If you or a close family member has been a victim of crime, abuse, or human trafficking, you may be able to apply to stay and work legally in the United States.  

• Crime victims: Often called "U visas," this program is available to victims of crime who help law enforcement or could be helpful in the future. For more, see this article on U visas on immi.org.
• Trafficking victims: Often called "T visas," this program is available to victims of human trafficking. For more, see this article on T visas on immi.org.  
• Domestic violence victims: The Violence Against Women Act program, usually called "VAWA," is for victims of domestic violence who are married to U.S. citizens or lawful permanent residents. For more, see this article on VAWA on immi.org. 

If you fear that you would be harmed if you were to return to your home country, you may be able to apply for asylum.

Asylum is for people who fear they would be harmed in their home country because of their race, religion, nationality, political opinion, or membership in a social group. 

• You must apply within one year of arriving in the United States, with some exceptions.
• You can apply for asylum at the border, in deportation proceedings, or by filing an application with U.S. Citizenship and Immigration Services, a government agency.
• If you receive asylum, you can later apply for an immigration status called lawful permanent residency, which can make you eligible for U.S. citizenship.

This article on immi.org explains more about asylum.

This video, Asylum is In Your Hands, also explains the basics of asylum.

The rules for asylum are very complicated. Not everyone who fears harm in their home country will qualify for asylum and you should talk to a lawyer to learn more. Read our article on finding immigration legal help.