What Are My Immigration Options?
Working through the U.S. immigration system can be challenging, even for the experts. If you are wondering what options you or your family members might have to stay and work legally in the country, the information in this guide can be a helpful starting point.
This guide explains some of the most common ways to get legal immigration status in the United States, including who can become a legal resident or a U.S. citizen.
Immigration applications and cases can be very complex. Not all the requirements are explained in this article. Making a mistake in your case can have serious consequences. Free and low-cost legal help is available in Oregon. Read about how to find immigration legal help here.
There are different categories of immigration law that allow you to come or stay legally in the United States.
Limited purpose immigration: Some categories only allow you to come or stay in the United States for a limited purpose, such as studying or working. These are often called "non-immigrant" categories. When that purpose 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.
Lawful permanent residency: 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." 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 lawful permanent resident or is a U.S. citizen. Read more in the section 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.
Citizenship: A lawful permanent resident may become a U.S. citizen through process called "naturalization." If you become a citizen through naturalization, you have all of the same rights as any other 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, a family member can become lawful permanent resident even if they are living undocumented in the United States.
The family members who are eligible include spouses, children, and parents. U.S. citizens can also apply for siblings.
The process involves filing a "family-based visa petition" and 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 eligible for lawful permanent 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.
There are two main ways that you can become a U.S. citizen: either by birth or through an application process called "naturalization."
Getting citizenship by birth
If you are born inside the United States your are automatically a U.S. citizen, with very few exceptions (these exceptions relate to the children of certain officials from other countries, such as ambassadors).
This is true even if your parents did not enter the country legally or are undocumented.
If you are born outside the United States you may become a citizen automatically if a parent:
- Is a U.S. citizen when you are is born, or
- Becomes a U.S. citizen before you turn 18 and you have an immigration status called "legal permanent residency."
There are additional requirements, so if you believe this might apply to you or a family member, you should speak with a lawyer. For more, see 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 become one through an application process called "naturalization."
To qualify, you usually need to already have an immigration status called "lawful permanent residency" for at least 5 years. If you are married to a U.S. citizen, your wait is only 3 years.
Read more in our section on lawful permanent residency above.
You also must meet other requirements, including:
- Passing an English test, unless you have a disability or are older and have been a resident for many years.
- Passing a "civics" test about the history, geography, and politics of the United States.
- Showing "good moral character." This generally means you don't have certain criminal convictions on your record, you don't owe back taxes or child support, and you meet other requirements.
See the Citizenshipworks website for more articles about naturalization. Citizenshipworks is a website about becoming a citizen that is run by experts in immigration law.
Citizenshipworks also has this online tool to help you see if you would qualify to become a citizen.
It's always recommended to talk with an immigration lawyer before applying for naturalization to make sure you can meet all of the requirements.
For more, see our article on finding immigration legal help.
You may be eligible for a work permit (called an "Employment Authorization Document") if you have filed an immigration application, such as asylum, Temporary Protected Status (TPS), or certain visas. Work permits allow you to work legally while your case is being decided.
You cannot apply for a work permit unless you already have some kind of legal status in the United States, or you have submitted some other immigration application that allows for a work permit.
If you or a close family member have 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: 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.
- Trafficking victims: Called "T visas," this program is available to victims of human trafficking. For more, see this article on T visas.
- 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.
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 U.S., 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.
- People with asylum can later apply for an immigration status called "legal 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.