Our immigration system has three main “hooks” for those who want to come to the United States permanently: family, employment, and humanitarian grounds. 

"Family" refers primarily to people who are beneficiaries of an approved relative petition (filed by a someone who is a U.S. citizen, a lawful permanent resident, or holder of one of several other specific types of visa). For instance, a U.S. citizen might file a family petition for her parents who are still living abroad.

In some cases, an individual may also apply to remain permanently in the United States based on the terms of their specific employment visa. This typically includes those living and working in the U.S. with certain high-skilled visas, such as the H-1B.

Finally, many people immigrate to the U.S. seeking humanitarian relief. That may include asylum/refugee status for survivors of persecution abroad; the “T Visa” for survivors of human trafficking; and the “U visa” for survivors of crimes committed and reported in the U.S., among several others.

In addition to these three broad avenues for immigration, thousands of people come to the U.S. each year as “nonimmigrants."

The U.S. Supreme Court has ruled that many, but not all, fundamental rights guaranteed by the Constitution apply to all people within U.S. borders—including aliens whose presence in this country is unlawful. For examples, read these cases: Wong Wing v. United States, 163 U.S. 228 (1896); Zadvydas v. Davis, 533 U.S. 678, 693 (2001). These rights include equal protection of law under the Fifth and Fourteenth Amendments. Additionally, most people present in the U.S. without documentation are afforded basic procedural rights in the face of deportation, including a hearing before an immigration judge, interpretation services, reasonable notice of the charges against them, etc.

Many immigration benefits can be obtained through employment. Whether your company is transferring you to one of its U.S. offices; you are seeking to expand your foreign business in the U.S.; or you have a specific skill that is valuable to the U.S. labor market, there may be a number of visas available to you. But, employment-based immigration is also competitive and complex. For best results, talk to an immigration attorney about your employment goals.

Some individuals and families may be permitted to immigrate to the United States for humanitarian reasons. This category includes refugees/asylees fleeing persecution in their home countries, as well as beneficiaries of special visas for survivors of serious crimes and human trafficking. All immigrants coming to the U.S. for humanitarian reasons must first undergo rigorous screening and comply with a number of specific rules and requirements. For that reason, it’s alway best to consult with an immigration attorney prior to applying.