How to Legally Move to the U.S. — A Complete Guide

How to Legally Move to the U.S
Moving to the United States legally usually happens through one of several official immigration pathways: family sponsorship, employment, the Green Card Lottery (Diversity Visa), marriage or family reunification, investment, asylum/refugee status, or a change of nonimmigrant status (for example, student → employee → lawful permanent resident).

Below, you’ll find a detailed breakdown of each option — what it means, what documents you need, the step-by-step process, and links to official government sources.

Main Legal Pathways to Move to the U.S.


1. Family-Based Immigration

This allows U.S. citizens or lawful permanent residents (LPRs) to sponsor close family members.
Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) are not subject to annual visa limits — this is usually the fastest route.
Family preference categories (adult children, siblings, etc.) have annual quotas, which means longer wait times.
👉 Official source: USCIS – Green Card for Family Members

2. Employment-Based Immigration (EB-1, EB-2, EB-3, etc.)

For professionals, skilled workers, and people with extraordinary abilities.
  • EB-1: Priority category for individuals of extraordinary ability, outstanding professors/researchers, and multinational executives.
  • EB-2: Professionals with advanced degrees or exceptional abilities; includes the National Interest Waiver (NIW) category for work that benefits the U.S.
  • EB-3: Skilled workers, professionals, and certain other workers.
Usually, your employer sponsors you by filing PERM (Labor Certification, if required) and Form I-140 (Immigrant Petition for Alien Worker).
Once your priority date is current (check the Visa Bulletin), you can apply for a Green Card either through Adjustment of Status (AOS) inside the U.S. or Consular Processing abroad.
👉 Official source: USCIS – Employment-Based Green Cards

3. Diversity Visa (Green Card Lottery)

Every year, up to 50,000 immigrant visas are distributed through the Diversity Visa Program (DV Lottery).
Participation is free and only available through the official State Department website during the announced registration period.
Eligibility depends on your country of birth and education/work experience.
⚠️ Beware of fake websites and scams — there are no guaranteed results, and the official entry form is always free.

4. Study or Work First, Then Transition to a Green Card

Students (F-1 visas) can later use OPT (Optional Practical Training) to gain U.S. work experience. Many students transition from F-1 → OPT → H-1B → Green Card.
However, H-1B visas are highly competitive and subject to a lottery.
Workers (H-1B visas) can later be sponsored for a Green Card through employment-based categories (EB-2 or EB-3).
Always check the latest USCIS and DHS updates — rules may change.
👉 Official source: USCIS – Working in the U.S.

5. Marriage or Fiancé(e) Visa (K-1)

If a U.S. citizen wants to bring their fiancé(e) to the U.S., they can apply for a K-1 visa using Form I-129F.
After arriving in the U.S., you have 90 days to get married, then apply for Adjustment of Status to obtain a Green Card.
If you’re already married to a U.S. citizen, your spouse can file a direct Form I-130 petition.
⚠️ USCIS carefully reviews all marriage-based cases for authenticity — fraudulent or “paper marriages” can lead to bans or deportation.
👉 Official source: USCIS – K-1 Fiancé(e) Visa

6. Asylum and Refugee Status

Available to people who have been persecuted or fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Applicants must file Form I-589 and provide credible evidence of threats or harm. Legal assistance is strongly recommended.
👉 Official source: USCIS – Asylum

7. Investment Immigration (EB-5)

Through the EB-5 Investor Program, you can obtain a Green Card by investing a required amount in a U.S. commercial enterprise that creates jobs.
The minimum investment and rules may vary, so always review the official USCIS EB-5 page.
Due diligence is crucial — consult both legal and financial professionals before investing.

Key Terms and Practical Steps


Adjustment of Status (AOS) — applying for a Green Card while staying in the U.S.
Consular Processing — obtaining an immigrant visa at a U.S. consulate abroad.
Both are explained on USCIS and Travel.State.gov.
Visa Bulletin — published monthly by the U.S. Department of State, showing which priority dates are “current.”
This helps you understand when you can move forward in your immigration process.
👉 Check the latest Visa Bulletin here.
Naturalization (Becoming a U.S. Citizen)After holding a Green Card (LPR status) for 5 years, or 3 years if married to a U.S. citizen, you can apply for U.S. citizenship using Form N-400.
👉 Official source: USCIS – Citizenship and Naturalization

Common Mistakes to Avoid

  • Paying third-party websites for “guaranteed visas” — official immigration processes never guarantee approval, and DV registration is free.
  • Ignoring evidence requirements — keep all supporting documents (contracts, photos, letters, chat history, etc.).
  • Not tracking the Visa Bulletin — delays often happen because your category isn’t yet current.
  • Violating your current visa conditions — overstays or unauthorized work can affect future applications.

Who Can Help You

  • Immigration attorneys — for complex cases (denials, criminal issues, past visa overstays, etc.).
  • Official USCIS and U.S. Embassy resources — for all forms, fees, and updates.
  • Accredited NGOs and relocation services — especially for refugees and asylum seekers.

Official Government Resources

Final Checklist from Native Speakers Courses


✅ Identify your best path (family, work, lottery, marriage, asylum, or investment).
✅ Read the latest instructions on USCIS.gov and Travel.State.gov.
✅ Gather your evidence early (contracts, documents, photos, communications).
✅ Never pay scammers — use official government websites only.

✅ If your case is complex — consult an immigration attorney.

Book your free trial!
By clicking the button, you certify that you are of legal age, have the legal capacity to consent to the processing of personal data in compliance with the Website's Agreement and Privacy Policy.
Показать еще