There were more than 93 million immigrants and their U.S.-born children living in the United States in 2024, according to the Migration Policy Institute. That figure reflects not just a population, but millions of decisions to build a life legally in a new country. Behind each number is a process, one that requires careful planning, accurate paperwork, and an understanding of how U.S. immigration law works.
Legal immigration is possible. But it isn’t automatic.
Whether the goal is family reunification, career advancement, or protection from danger, knowing how to legally immigrate to the U.S. is critical. The right steps, taken in the right order, can be the difference between approval and delay.
This guide offers a clear breakdown of those steps. Read on to see what’s required, what to expect, and how to move forward with confidence.
Determine Your Eligibility to Immigrate
Before any paperwork gets filed or any interviews are scheduled, eligibility must be clear. U.S. immigration law has specific categories that allow people to apply.
Most applications fall under three pathways:
- Family-based immigration covers spouses, children, parents, or siblings of U.S. citizens and lawful permanent residents
- Employment-based immigration often requires a job offer from a U.S. employer
- Humanitarian immigration is available for refugees, asylum seekers, or victims of certain crimes
An immigration lawyer can help assess whether a person qualifies under one of these categories. Some people may also qualify for protection visas. These include cases handled by asylum attorneys, u visa attorney services for crime victims, or a t visa attorney for trafficking survivors.
Choose the Appropriate Visa Category
Each type of immigrant visa serves a specific purpose. Choosing the wrong one could lead to delays or a denied case. The right category depends on the applicant’s relationship to the sponsor, reason for immigrating, and background.
Family-based visas include Immediate Relative (IR) and Family Preference visas. The IR category has no annual cap and covers close family members like spouses, parents, and unmarried children under 21. A family immigration visa under the preference category is available to siblings or married adult children but may involve a much longer wait.
A family immigration lawyer usually handles these kinds of cases.
Other visa types include:
- Employment-Based (EB) visas for skilled workers or professionals
- Diversity Visas for countries with low U.S. immigration rates
- Special categories like religious workers or certain international employees
File a Petition with USCIS
The U.S. Citizenship and Immigration Services (USCIS) must receive a valid petition before an immigrant visa application can begin. This step must be done by a sponsor; either a U.S. citizen, lawful permanent resident, or an employer.
Most family-based petitions use Form I-130, while employment-based cases use Form I-140. These forms are submitted by the sponsor and must include supporting documents to show the relationship or job offer is real and eligible.
A green card attorney or immigration law attorney will typically help prepare this paperwork to avoid errors that can lead to rejections. USCIS may take several months to review and approve petitions. If there’s a backlog, even more time might be needed before the case moves forward.
The petition must be accurate, complete, and supported by credible documentation. Inaccuracies may trigger Requests for Evidence (RFEs) or outright denials.
Wait for a Visa Number (If Applicable)
Once USCIS approves the petition, applicants in some categories must wait for a visa number to become available. This is common in Family Preference and Employment-Based cases, which are subject to annual limits set by Congress.
The U.S. Department of State publishes a visa bulletin each month. That document shows which priority dates are current and who can move ahead in the process. The waiting period can range from months to years.
Immediate relatives of U.S. citizens do not need to wait for a visa number. Their visas are always available. Everyone else, though, must monitor the bulletin for movement.
Complete the Visa Application and Attend the Interview
After a visa number becomes available, the applicant can proceed with the formal visa application. This part involves several steps that must be completed correctly.
Applicants outside the U.S. usually complete Form DS-260 online. They must also undergo a medical examination with an approved doctor, submit civil documents like birth certificates and police reports, and pay the necessary fees.
The final step is the consular interview. This takes place at the U.S. embassy or consulate in the applicant’s country. A consular officer reviews the case, asks questions, and makes a decision. Security checks and background screenings are standard.
Legal support from firms like Vanderwall Immigration tends to make this stage less stressful. Clients often get preparation help for interviews, advice on document collection, and answers to questions in plain English.
Receive Your Visa and Enter the United States
A visa approval means the applicant can now enter the United States. But this visa is only for travel; it does not mean permanent residence has been granted yet. That happens at the port of entry.
U.S. Customs and Border Protection (CBP) officers inspect the individual upon arrival. If admitted, they receive a passport stamp. For most, the green card arrives in the mail within weeks.
Apply for U.S. Citizenship
Once someone becomes a lawful permanent resident, they may choose to remain as such. Or, after a set number of years, they can apply for naturalization. This step is not required, but it comes with major benefits.
Applicants generally need five years of permanent residency, or three years if married to a U.S. citizen. Other requirements include passing an English language test and a civics exam.
The naturalization process uses Form N-400 and includes a USCIS interview and oath ceremony.
Get Personalized Support to Successfully Immigrate to the U.S.
To legally immigrate to the U.S., each step must be handled with care; from choosing the right visa category to finalizing your legal status. This guide outlined the full process, including application basics, wait times, and interview preparation.
At Vanderwall Immigration, personalized support is prioritized. Fixed fees, flexible payment plans, and direct access to experienced immigration attorneys make us different from firms that only offer one-size-fits-all services. Offices in Beaverton and Salem offer bilingual assistance and hands-on support for every case. Schedule a confidential consultation today to avoid delays and take the right step forward.
