Fundamentals of Immigration Law Immigration law categorizes individuals’ presence in a country through a range of statuses, each with its own eligibility requirements, benefits, and restrictions. These categories are primarily delineated as various types of visas, the process for obtaining a green card (lawful permanent residency), and ultimately, the pathways to citizenship. Other statuses, such as Temporary Protected Status (TPS), also play critical roles for certain noncitizens. Types of Visas: Visas are classified into two broad types: immigrant and nonimmigrant visas. Nonimmigrant visas are for temporary stays in a country and include categories such as tourism (B-2), business (B-1), student (F-1/M-1), exchange visitor (J-1), and temporary workers (H-1B, H-2A, H-2B, among others). Each visa category has specific criteria that applicants must meet, such as proving nonimmigrant intent for tourism or student visas or obtaining labor certification for certain worker categories. Immigrant visas are for those intending to reside permanently.
These are often subdivided into family-based visas, where U.S. citizens or lawful permanent residents sponsor relatives, and employment-based visas, reserved for individuals with specific job skills, employment offers, or investment capabilities. Diversity visas, made available through a lottery system to individuals from countries with historically low rates of immigration to the U.S., also fall into the immigrant visa category. Green Card Process: Obtaining a green card is the pivot to lawful permanent residency. The process generally involves an eligible U.S. sponsor—either a family member or an employer—filing a petition on the immigrant’s behalf. The applicant then goes through consular processing or adjusts status if they are already in the U.S. under a legal nonimmigrant category. Critical to this process is the immigrant visa availability, determined by a complex calculation including per-country caps and preference categories.
Green card holders can live and work permanently in the U.S., with the primary restriction being they cannot vote in federal elections. They can also be subject to removal for certain criminal offenses or if they abandon their U.S. residence. After a statutory period, typically five years, green card holders can apply for citizenship through naturalization. Pathways to Citizenship: Citizenship can be obtained through birth in the country, derivation from parents, or naturalization. The naturalization process requires applicants to demonstrate good moral character, a basic knowledge of the country’s language, history, and government, and an attachment to its constitutional principles. Application requirements also include continuous residence and physical presence criteria, during which applicants must not have certain criminal convictions or other disqualifying factors.