How Hard Is It to Legally Immigrate to the US?

Immigration is a complex, emotional, and frequently debated topic in the United States, which is home to more immigrants than any other country, making the issue especially contentious and increasingly partisan. One thing that’s stayed the same, however, is the aspirations of today’s immigrants, which mirror those of their predecessors. “The American dream is still the goal,” says Kira Gagarin, an immigration attorney at Gagarin Law in Framingham, Massachusetts.

“Immigrants want to live, work, and invest in the U.S. and want to provide the same [opportunities] for their children,” adds Danielle Webb, owner of Huntley PC in Boston.

So how do they do that? A visa is required for non-U.S. citizens to enter the States unless the person’s country of origin is part of the visa waiver program, in which case they can stay without a visa for up to 90 days.

Getting a Visa to Enter the US

Here are four U.S. visa categories that allow individuals to enter and live in the United States.

1. Family-Based Immigration

“The family-based process is often for family reunification and is completed through the consular process,” says Gagarin.

There are two categories of family-based immigration: Immediate relatives and family preference. “The first category applies to spouses of U.S. citizens, parents of U.S. citizens, and children and stepchildren (under 21) of U.S. citizens,” says Webb. This category has no yearly statutory quota or limit. The second category is subject to annual limits and applies to other family members such as siblings of U.S. citizens and spouses and children of legal permanent residents, among others.

The process does not move quickly, to say the least. “The wait to bring a sibling to the U.S. is about 15 years, and [the wait to bring] children over 21 is about 8-10 years,” Gagarin says. The U.S. Department of State posts a monthly visa bulletin to keep track of wait times.

2. Employment-Based Immigration

There are several different types of visas for employees. When businesses require specific expertise, they may be able to help arrange for a visa for a potential employee who lives outside of the U.S. “Talent retention is massive. If the companies can’t get the people who have specific knowledge, it’s a big problem,” says Webb.

3. Refugee and Asylum

“Individuals seeking asylum are already in the U.S. and are applying for protection because they are scared of returning to their home country,” Gagarin says. “These people have an international right [to apply for asylum] based on treaties the U.S. is signatory to.” Many asylum seekers are currently stuck in limbo. “The time between applying for asylum and the asylum interview can be 10 years.”

The government is trying to speed up the process, but there are due process concerns for those seeking to become asylees. “It is a big, complicated mess, and there are lots and lots of moving pieces,” Webb says.

4. Diversity Visa

A lottery system is used to award visas to individuals from countries with low levels of U.S. immigration.

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The Path to U.S. Citizenship: Becoming a Green Card Holder

“The only path to U.S. citizenship is a green card,” says Webb. She advises that clients apply for a green card — the documentation confirming lawful permanent residency (LPR) — “as soon as humanly possible” since the process is not expeditious.

Things used to be slightly quicker and easier. “Ten years ago, the citizenship application was five pages. Now it’s 14. The fees, forms, and processing time are going up exponentially,” Gagarin says.

Recent consequential changes have affected the asylum system. “As of last year, someone who crossed the U.S.-Mexico border without permission is no longer allowed to apply for asylum,” Gagarin adds. “It’s very difficult to qualify for an exception.”

Notably, our current immigration system lacks consistency, says Webb. “Some cases get approved very fast, and other cases with similar facts in the same location take much longer. There is no rhyme or reason.”

Four Common Misconceptions About U.S. Immigration Law

The No. 1 myth Gagarin encounters is the belief that immigrants get free housing and health care from the U.S. government. “Immigration has become vilified,” she says. “We aren’t seeing the value of everything immigrants provide, such as doing jobs that U.S. citizens don’t want to do, keeping our farms afloat, paying taxes, and buying products.”

Misunderstandings also surround the removal of those who have immigrated illegally. “It is a myth to believe we have the infrastructure to humanely remove everyone in the U.S. who is here unlawfully,” says Webb. “The cost would be astronomical.”

She often encounters clients who think immigration is all about filling out forms. “The real role of immigration lawyers is to [address] the policies, agency practices, statutes, and regulations behind the forms,” Webb says.

Another myth? That the president can fix the immigration system. “The president can affect it, but regardless of one’s preferred solution, Congress must make any systemic changes,” says Webb.

Find Experienced Legal Help

For questions about types of visas, eligibility requirements, and changing your immigration status, consider reaching out to an experienced immigration law attorney in your area.