What is the process of entering the US legally
Executive summary
Entering the United States legally is a multistep, agency-driven process that depends on the pathway chosen—family, employment, humanitarian, diversity, or other special programs—and typically requires an approved petition, consular processing or adjustment of status, security and medical checks, and ultimately an immigrant visa or green card [1] [2] [3]. Timeframes, caps, and procedural variations create long waits and complexity: some applicants petition from abroad and complete consular interviews, while others already in the U.S. seek adjustment of status through USCIS [4] [5].
1. Petition first: sponsors or self-petitioners open the case
Most permanent immigration pathways start with a petition filed with U.S. Citizenship and Immigration Services (USCIS): family-based sponsors typically file Form I-130, employers usually file Form I-140 for workers, and certain categories permit self-petitioning; USCIS must approve that petition before further processing begins [2] [6] [7].
2. Two routes after petition approval: consular processing or adjustment of status
If the beneficiary lives abroad, USCIS forwards an approved petition to the Department of State's consular corps and the National Visa Center (NVC) for immigrant visa processing at a U.S. embassy or consulate; if already in lawful U.S. status, the person may apply to adjust status to lawful permanent resident with USCIS—these are distinct tracks with different paperwork and timelines [5] [4] [3].
3. NVC, interviews, and security/medical screening complete the visa side
For consular cases the NVC helps prepare the immigrant visa packet, applicants submit civil documents and an affidavit of support when required, undergo security screening and a mandatory medical exam, and attend an in-person consular interview before a visa is issued [5] [8] [2].
4. Numerical limits, priority dates, and long queues shape who can enter and when
Many family- and employment-based categories are subject to annual numerical limits and per-country caps, producing priority dates and lengthy queues that can delay visa availability for years; the Visa Bulletin and agency coordination govern which applicants can proceed to final processing [4] [1].
5. Humanitarian and special pathways operate under different rules
Refugee, asylum, Temporary Protected Status, diversity lottery winners, and certain parole programs follow separate procedures—some lack numerical caps (asylum/refugee protections aside from other restrictions), while diversity winners must still clear security, medical screening, and timestamps that align with the fiscal-year window [7] [9] [4].
6. Final entry and life as a lawful permanent resident (Green Card)
Once an immigrant visa is issued and the individual enters the United States, or an adjustment of status is approved, USCIS issues a Lawful Permanent Resident card (green card) that serves as proof of residency and work authorization; sponsors’ financial obligations (affidavits of support) can persist until statutory conditions are met [10] [8].
7. Practical complications: fees, delays, enforcement, and agency roles
The process involves multiple government agencies—USCIS adjudicates petitions, the Department of State and consular posts handle visas and interviews, DHS components administer entry and enforcement—and applicants face fees, document requirements, and processing backlogs that can be costly and time-consuming; attempts to bypass procedures risk ineligibility or removal [11] [12] [8].
8. What reporting shows and what remains variable
Contemporary reporting and policy analyses emphasize the “alphabet soup” of visa categories and chronic bottlenecks—scholars and policy groups note the system’s complexity, long waits, and political sensitivity—while official .gov guidance outlines the step-by-step mechanics applicants must follow [1] [13] [14]. Sources used here describe processes and constraints but do not provide individualized legal advice or real-time processing times; those must be checked on USCIS, State, or NVC pages.