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What are the most frequently asked questions about immigration to the US?

July 15, 2025
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The United States is one of the countries with the highest number of immigration applications in the world. Every year, hundreds of thousands of people apply for US immigration or temporary visa programs. However, the US immigration process involves a complex legal framework, constantly changing legislation, and detailed procedures. Therefore, applicants often have many questions about the process, and frequently suffer losses due to misinformation. This article will address the most frequently asked questions during US immigration applications, their legal basis, and practical applications in detail.

1. What are the ways to immigrate to the United States?

The main ways to immigrate to the United States are as follows:

  • Family-based immigration: Applications made with the sponsorship of close relatives who are US citizens or Green Card holders.

  • Employment-based immigration: Applications made after receiving a job offer from an employer in the United States (e.g., PERM, EB-2, EB-3 visas).

  • Investor visa (EB-5): Allows for investment in the United States with a defined amount of capital.

  • Diversity Visa Lottery (Green Card Lottery): An annual lottery that grants immigration rights to citizens of certain countries.

  • Refugee and asylum applications: Applications made by individuals who are persecuted or under serious threat.

2. How to Obtain a Green Card (Permanent Residence Permit)?

The main ways to obtain a Green Card are:

  • Family sponsorship: The fastest process is usually done through a US citizen spouse or child.

  • Employer sponsorship: The process begins with a job offer and approval from the U.S. Department of Labor.

  • Lottery: Applications are accepted annually through the Diversity Visa Program, and a lottery is held.

  • Investment: A minimum investment (typically $800,000 or $1,050,000) and the creation of 10 full-time jobs are required.

  • Humanitarian reasons: Green Cards can also be obtained through refugee and asylum seeker status.

Each method has different procedures, paperwork lists, and waiting times.

3. Are there language requirements for immigration applications? Is knowing English mandatory?

There is no English language requirement for immigration applications . However, basic English proficiency and passing a short test are required for naturalization applications. Language exemptions may apply to those over 50 years of age who have held a Green Card for 20 years, or those over 55 years of age who have held a Green Card for 15 years.

Interpreter access and support are available at every stage of the application process

4. What documents are required for a US immigration application?

Depending on the type of application, the required documents generally include:

  • Photocopies of identity card and passport

  • Birth, marriage, and divorce certificates (if applicable)

  • Criminal record and judicial record documents

  • Health report

  • Financial sufficiency documents (sponsor's income information, bank statements)

  • Legal status documents of the sponsor in the USA

  • Official forms such as DS-260, I-130, I-140, I-485

Each document requires a sworn translation.

5. How long does the immigration process take? What factors cause waiting times?

Timelines vary depending on the type of application and the country where the application is submitted. For example:

  • For family-based applications: Applications for close relatives are usually processed within 12-18 months, while for more distant relatives, this period can take years.

  • employment-based applications: PERM approval, employer application, and subsequent consular process can take 18-30 months.

  • For those selected by lottery: The process is usually completed within 6-12 months after the results are announced.

  • Refugee applications: Processing times vary greatly depending on the characteristics of the application and quota availability.

Applicants the USCIS online tracking system .

6. Can an appeal be filed if the application is rejected?

Yes, many immigration applications have the right to appeal through administrative and/or judicial channels. Specifically, I-601 and I-212, a "motion to reopen/reconsider" can be filed against a rejection. Appeals can also be made to the U.S. Immigration Appeals Board (BIA) and federal courts.

7. What Rights Do Green Card Holders Have?

  • Permanent residency and work rights in the USA

  • The right to be outside the US for a total of no more than 6 months each year

  • Enrolling your children in free education in the US

  • Access to social security and health services

  • The right to apply for citizenship for those who meet the eligibility requirements

However, certain obligations must be observed to avoid the cancellation of the Green Card. For example, prolonged stays outside the US can pose a risk.

8. What are the requirements for US citizenship (naturalization)?

An immigrant holding a Green Card can apply for U.S. citizenship if they meet the following conditions:

  • Having physically resided in the United States for at least 2.5 years within the last 5 years

  • Pass a short quiz in English and US history (not required if you have a language exemption)

  • Good moral character and criminal record

  • Filling out the N-400 form and undergoing biometric processing

9. What is the status of children born in the United States?

Every child born in the United States (regardless of their parents' status) is an American citizen by birth (the principle of jus soli). However, this right does not automatically apply to parents.

10. What are the Integration and Support Services for Immigrants?

In the United States, numerous free or low-cost ESL (English as a Second Language) courses, immigration counseling centers, cultural integration programs, and vocational training opportunities are available for immigrants. Additionally, bar associations and NGOs provide free or discounted legal advice.

11. What to Consider When Applying for Immigration to the United States?

  • Are the official forms up-to-date and completely filled out?

  • Have the documents been translated by a sworn translator?

  • Has any information been provided that is incomplete or incorrect?

  • Have you missed any appointments or biometric procedures?

  • Have the file tracking numbers been saved?

  • Has advice been sought from a professional immigration lawyer?

Incorrect or incomplete applications can lead to significant delays or permanent rejections.

12. Common Legal Problems and Solutions in US Immigration

  • Fraudulent marriages and document forgery: The U.S. Immigration and Naturalization Services (USCIS) rigorously reviews applications and may request interviews in suspicious cases. Making false statements can result in severe penalties.

  • Unexpected rejections and file losses: Documents must be submitted completely, copies must be provided, and shipping tracking must be done.

  • Entering the US before visa expiry: Consular appointments and visa validity should be checked.

13. Right to Interpreter and Language Exemption

Applicants may conduct their application the assistance of an official interpreter . In some stages, such as the citizenship exam, those who meet the age and residency requirements may be exempt from the language exam.

14. Other Frequently Asked Questions Regarding Immigration

  • How to fill out the DS-260 form?

  • What are the processes for PERM and employer sponsorship?

  • What do you do if your Green Card is lost?

  • Can applications be submitted from outside the US?

  • Is it possible to obtain a residence permit in the US through marriage?

  • Is health insurance mandatory?

  • Can an application be submitted if there is a criminal record?

For each of these questions, the most up-to-date USCIS and U.S. Consulate websites should be consulted.

Conclusion

The US immigration application process is complex, multi-stage, and variable. Knowing the legal basis for frequently asked questions minimizes the risk of errors in the application and ensures a smooth process. In particular, it is recommended to meticulously prepare official forms and documents, to be aware of your rights and obligations, and to seek support from an expert lawyer when necessary.

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