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Immigration

Legal information last reviewed: July 3, 2026

US immigration law determines who can enter, stay, work, and eventually become a citizen. It runs primarily through federal agencies — USCIS for applications, the State Department for visas abroad, and immigration courts for removal proceedings — rather than through the state court system that handles most other topics on this site.

Visa categories

Broadly split into immigrant visas, for permanent residence based on family relationships, employment, or humanitarian protections, and nonimmigrant visas, which are temporary, like tourist, student, or work visas. The category you qualify for shapes the entire process and timeline.

Green cards and permanent residence

Lawful permanent residents can live and work in the US indefinitely, most commonly obtained through a qualifying family relationship, employer sponsorship, or humanitarian protections, and can eventually apply for citizenship after a required residency period.

Naturalization (citizenship)

This generally requires a set period as a lawful permanent resident, commonly five years or three if married to a US citizen, continuous residence, good moral character, and passing an English and civics test, followed by an interview and oath ceremony.

Deportation and removal defense

Someone facing removal has the right to a hearing before an immigration judge and may qualify for relief like asylum, cancellation of removal, or adjustment of status depending on circumstances. Unlike criminal court, there's no automatic right to a government-provided lawyer.

Asylum

Available to people who can show a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. It generally must be applied for within a set window after arrival, with limited exceptions.

When to hire a lawyer

Get an immigration lawyer involved early and before any deadline, filing, or interview. The stakes — family separation, removal, years of delay — are high, the rules are technical and change often, and free or low-cost legal aid organizations exist specifically to help when cost is the barrier.

Frequently asked questions

Do I need a lawyer for immigration matters?
Immigration law is federal, complex, and unforgiving of paperwork mistakes and missed deadlines — a lawyer is strongly recommended for almost anything beyond a very routine, well-documented application.
Is there a public defender for immigration court?
No — unlike criminal court, there's no guaranteed government-provided lawyer in immigration proceedings, though nonprofit legal aid organizations often provide free or low-cost representation, especially for asylum seekers.
How long does it take to get a green card?
Varies enormously by category. Some family-based categories move relatively quickly; others, especially certain employment and extended-family categories, can take years due to annual per-country caps.
Can I work while my green card application is pending?
Not automatically — you generally need separate work authorization unless your specific visa status already grants it.
What happens if my visa or status expires while an application is pending?
This depends heavily on the specific circumstances and category. It's a high-stakes situation where getting advice before the expiration, not after, matters most.
How long do I have to apply for asylum?
Generally within one year of arrival in the US, with limited exceptions for changed or extraordinary circumstances — missing this window can bar the claim entirely.

Immigration laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.