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Immigration topics, explained simply
Plain-language overviews of common immigration matters, with questions to bring to a qualified professional.
These overviews are general and simplified. Rules, fees, and deadlines change, and every case depends on its own facts. Always confirm details on the official source and with a licensed immigration attorney or an accredited representative.
AsylumProtection for people who fear serious harm in their home country.
Asylum is a form of protection in the United States for people who fear persecution because of race, religion, nationality, political opinion, or membership in a particular social group. A person can ask for asylum through USCIS (often called affirmative asylum) or, if already in immigration court proceedings, from an immigration judge (defensive asylum).
There is a general rule that asylum applications should be filed within one year of arrival, with some exceptions. Because deadlines and eligibility are technical, this is a topic to review with a qualified professional early.
Questions to ask a qualified professional
- Which deadlines apply to me, and do any exceptions fit my situation?
- What evidence and personal statements usually help?
- What happens while my application is pending?
Immigration court and removal proceedingsWhat to expect after receiving a Notice to Appear.
Removal proceedings usually begin when the government issues a Notice to Appear. Cases are heard by an immigration judge, and there may be several hearings. Attending every hearing and keeping your address current with the court and the agency are essential, because missing a hearing can lead to serious consequences.
If you have a notice or a hearing date, bring it to a qualified immigration attorney or accredited representative as soon as possible.
Questions to ask a qualified professional
- How do I confirm the date and location of my next hearing?
- What defenses or forms of relief might apply to me?
- How do I update my address with the court and the agency?
Family immigrationHow U.S. citizens and permanent residents may sponsor relatives.
U.S. citizens and lawful permanent residents can sometimes petition for certain family members. Which relatives qualify, and how long the process takes, depends on the relationship and on the sponsor's status. Spouses, parents, and unmarried children under 21 of U.S. citizens are treated as immediate relatives, which generally avoids the long waits that apply to many other categories.
Official processing times and the monthly Visa Bulletin change, so check current information on official sites.
Questions to ask a qualified professional
- Which family category fits my relationship?
- What proof of the relationship will be needed?
- How long might the process take right now?
Citizenship and naturalizationThe process of becoming a U.S. citizen.
Naturalization is the process by which a lawful permanent resident can become a U.S. citizen. General requirements usually include a set period as a permanent resident, time living in the United States, good moral character, and passing English and civics tests. The usual period is five years, or three years for some people married to and living with a U.S. citizen.
Past events such as arrests, long trips abroad, or tax issues can complicate an application, so many people review their situation before filing.
Questions to ask a qualified professional
- Am I eligible to apply now, or should I wait?
- Could any past event affect my application?
- How should I prepare for the interview and tests?
AppealsReviewing a denial or removal order.
If an application is denied or an immigration judge issues an order, there may be options such as an appeal, a motion to reopen or reconsider, or review by a federal court. These options usually have short deadlines, often 30 days, and missing one can end the opportunity.
Questions to ask a qualified professional
- What is the exact deadline for my decision?
- Is an appeal or a motion more appropriate?
- What are realistic outcomes and costs?
Special Immigrant Visas (SIV)Visas for certain Afghans and Iraqis who worked with the United States.
Special Immigrant Visas are available to certain Iraqi and Afghan nationals who worked with the U.S. government, and to some of their family members. The process involves several agencies, including a Chief of Mission approval step, and applicants may face delays or denials. Programs and rules change, so check current official information.
Questions to ask a qualified professional
- Which step is my case in, and who is handling it?
- What documents prove my service and employment?
- What options exist if my case is delayed or denied?
Detention, bond, and habeas petitionsWhen someone is held in immigration detention.
Some people held by immigration authorities can ask for release on bond, though eligibility depends on the case. In some situations, a lawyer may ask a federal court to review whether the detention itself is lawful through a habeas corpus petition. Families can start by finding out where the person is held.
Questions to ask a qualified professional
- Is the person eligible for a bond hearing?
- What would a federal court petition involve?
- How can family members stay in contact and share documents securely?
Delayed cases and mandamus lawsuitsWhen a case has been pending for an unusually long time.
Immigration cases can take a long time. If a case seems stuck well beyond normal processing times, first check the official case status and processing times, then ask a qualified professional about options. In some situations, an attorney may bring a federal lawsuit, known as a mandamus action, asking a court to require an agency to make a decision.
Questions to ask a qualified professional
- Is my case actually outside normal processing times?
- What less formal steps should I try first?
- When is a lawsuit worth considering?
Business and employment visasWork visas and employment-based green cards.
Temporary work visas such as H-1B, O-1, and L-1, and employment-based green card categories, usually involve an employer or sponsor and detailed documentation. Each category has its own requirements and annual limits.
Questions to ask a qualified professional
- Which category fits my qualifications and job?
- What does the employer need to do?
- How do timelines and annual limits affect my plans?
Green cards for people granted asylumAsylum-based adjustment of status.
People who have been granted asylum may later be able to apply for lawful permanent residence, generally after being in asylee status for at least one year. Complications such as travel, criminal history, or changes in country conditions are worth reviewing before filing.
Questions to ask a qualified professional
- Am I eligible to apply now?
- Could travel or past events affect my application?
- What evidence should I include?
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