Basics of Immigration Law – Green Card & Visa Options 2025

Introduction to Immigration Law

Immigration law forms the legal foundation governing who can enter, live, and work in the United States. It encompasses the rules, processes, and protections involved when individuals from other countries wish to temporarily visit, establish permanent residency, or become U.S. citizens.

In 2025, as immigration policies rapidly evolve in response to global and domestic changes, the need for clear, accessible information has never been more critical. New regulations have made the immigration landscape increasingly complex, affecting millions who seek visas, green cards, asylum, and citizenship.

Immigration law defines two main pathways into the country:

• Temporary Entry (Non-Immigrant Visas): Intended for tourists, students, business visitors, and temporary workers.
• Permanent Residency & Citizenship (Immigrant Visas): Available through family sponsorship, employment opportunities, humanitarian programs (such as asylum and refugee status), and special categories.

Understanding your legal rights and obligations under U.S. immigration law can make the difference between a successful immigration process and unintended legal complications. This guide aims to simplify immigration law, clarify common terms, and empower you with actionable knowledge to navigate your immigration journey confidently.

Who Regulates Immigration in the U.S.?

Immigration law in the United States is primarily regulated by the federal government, involving multiple key agencies responsible for enforcing immigration rules, managing visa applications, and overseeing citizenship processes.

• Department of Homeland Security (DHS) – Oversees overall immigration enforcement and security, managing border security and immigration policy implementation.
• U.S. Citizenship and Immigration Services (USCIS) – Handles applications for immigration benefits such as visas, green cards, asylum, citizenship, and employment authorization. For example, when Maria Lopez from Mexico applied for her green card through marriage in 2025, it was USCIS that processed her application, conducted interviews, and granted her permanent residency.
• Immigration and Customs Enforcement (ICE) – Responsible for enforcing immigration laws, including investigating immigration violations and conducting removal (deportation) proceedings. A well-publicized case in 2025 involved ICE’s enforcement actions at several large employers, highlighting the agency’s focus on worksite compliance.
• Customs and Border Protection (CBP) – Controls entry into the U.S. by managing border checkpoints, airports, and seaports. For instance, travelers arriving at JFK Airport undergo CBP screenings to verify their visa eligibility and identity.
• Executive Office for Immigration Review (EOIR) – Part of the Department of Justice, EOIR manages immigration courts and hears appeals related to immigration cases. For example, when Amir, a refugee applicant from Afghanistan, had his asylum claim initially denied, it was an EOIR immigration judge who eventually granted him protection upon appeal.

Understanding these agencies and their roles helps immigrants navigate the complexities of U.S. immigration law effectively.

Visa Types: Immigrant and Non-Immigrant

The U.S. immigration system offers dozens of visa options, categorized into two major types: Non-Immigrant Visas for temporary stays, and Immigrant Visas for those seeking permanent residence (green card holders).

1. Non-Immigrant Visas (Temporary)

These are intended for individuals coming to the U.S. for tourism, study, work, or business on a short-term basis. Each has specific conditions and expiration dates.

• B1/B2: Business/Tourist visa – for short visits, meetings, or vacation.
• F1: Student visa – for academic or language studies in the U.S.
• J1: Exchange visitor visa – for cultural and educational exchange programs.
• H1B: Temporary skilled worker visa – for professionals in fields like IT, finance, and engineering.
• O1: For individuals with extraordinary ability (e.g., artists, scientists).

Example: Rajesh, an engineer from India, received an H1B visa in 2025 to work with a U.S.-based AI firm for 3 years. His visa allowed him to live in San Jose with his spouse and access a temporary Social Security number.

2. Immigrant Visas (Permanent)

These visas are granted to those eligible for lawful permanent residency (Green Card). Most immigrants enter the U.S. permanently through family or employer sponsorship.

• Family-Based: Spouses, parents, children, or siblings of U.S. citizens or permanent residents.
• Employment-Based: Skilled workers, professionals, and certain investors.
• Diversity Visa Lottery: Randomly selected individuals from underrepresented countries.
• Special Immigrant: For religious workers, Iraq/Afghanistan nationals who assisted U.S. operations, etc.

Example: Fatima from Nigeria was selected in the 2025 Diversity Visa Lottery and immigrated to the U.S. with her husband and two children as permanent residents.

Understanding which visa applies to your situation is critical before entering or applying for adjustment of status inside the U.S.

Green Cards & Permanent Residency

A Green Card (formally known as a Permanent Resident Card) allows a non-citizen to live and work permanently in the United States. It’s the key step before applying for naturalized U.S. citizenship and provides long-term legal security for immigrants and their families.

There are several main pathways to obtaining a Green Card:

• Family Sponsorship: U.S. citizens or lawful permanent residents can sponsor spouses, parents, children, or siblings.
• Employment-Based: Skilled workers, professionals, and investors may be eligible through employer petitions.
• Asylee or Refugee Status: Individuals granted asylum or refugee status can apply for permanent residency after one year.
• Diversity Visa Lottery: Conducted annually for immigrants from underrepresented countries.
• Special Categories: Includes victims of trafficking (T visa), crime (U visa), and those under VAWA (Violence Against Women Act).

Example: In 2025, a married couple from the Philippines—Miguel and Teresa—successfully received green cards through Teresa’s employer, who filed an EB-3 petition for skilled nurses, and later included Miguel as a derivative beneficiary.

Adjustment of Status vs. Consular Processing

There are two ways to process your green card application:

• Adjustment of Status: For applicants already inside the U.S. under another valid visa. Filed using Form I-485.
• Consular Processing: For applicants living outside the U.S., processed through a U.S. consulate in their home country.

Green Card Rights and Responsibilities

Permanent residents can work for any employer, travel internationally (with some restrictions), and petition certain relatives. They must obey all U.S. laws, renew their card every 10 years, and avoid long-term absences that may risk abandonment of status.

Once you receive a green card, you can eventually apply for U.S. citizenship through naturalization (typically after 5 years, or 3 years if married to a citizen).

Citizenship & Naturalization Process

Becoming a U.S. citizen is often the final and most significant step in an immigrant’s journey. It provides the full legal rights and responsibilities of being American, including the ability to vote, obtain a U.S. passport, and sponsor more family members for immigration.

Eligibility for Naturalization

To apply for U.S. citizenship through naturalization, you must:

• Hold a green card (lawful permanent residency) for at least 5 years — or 3 years if married to a U.S. citizen
• Be at least 18 years old
• Have continuous physical presence in the U.S. (usually 30 months out of the last 5 years)
• Demonstrate “good moral character”
• Pass an English language and U.S. civics exam
• Take an oath of allegiance to the United States

Example: In 2025, Helena, originally from Brazil, applied for citizenship after 5 years with a green card. She passed her naturalization interview and civics exam, and celebrated her oath ceremony on Independence Day in her local courthouse in Florida.

Steps in the Naturalization Process

1. Submit Form N-400: The official application for naturalization.
2. Biometrics Appointment: USCIS collects your fingerprints and photo for a background check.
3. Interview & Tests: An immigration officer tests your knowledge of U.S. history, government, and English language skills.
4. Oath Ceremony: Once approved, you’ll be invited to take the oath and receive your naturalization certificate.

Benefits of Citizenship

Citizens can vote in elections, travel with a U.S. passport, obtain government jobs, and are protected from deportation. They also enjoy stronger legal protections and broader family sponsorship options.

U.S. citizenship is not only a legal milestone but also a deeply personal achievement that offers a true sense of belonging and opportunity.

Deportation & Removal

Deportation—also known as removal—is the legal process of expelling a non-citizen from the United States. It typically occurs when someone has violated immigration laws or committed certain offenses that make them deportable under U.S. immigration law.

Common Grounds for Deportation

• Overstaying a visa
• Entering without inspection (illegal entry)
• Violating visa terms (e.g., working on a tourist visa)
• Criminal convictions, particularly involving drugs or violence
• Fraud in immigration applications
• Marriage fraud or misrepresentation

Example: In 2024, Ravi, a student from Nepal, was placed in removal proceedings after USCIS discovered he had taken unauthorized employment while on an F1 visa. Though he had excellent academic standing, working without permission was a violation of his status.

Removal Proceedings Process

Removal proceedings begin when the Department of Homeland Security issues a Notice to Appear (NTA). The non-citizen is then scheduled to appear before an immigration judge under the Executive Office for Immigration Review (EOIR).

1. Master Calendar Hearing: A brief procedural hearing where charges are reviewed and the immigrant can seek relief.
2. Merits Hearing: The immigrant can present evidence, call witnesses, and argue for relief from removal.
3. Decision & Appeal: If removal is ordered, the individual may appeal to the Board of Immigration Appeals (BIA) or a federal circuit court.

Relief from Removal

Some individuals may qualify for relief, such as:

• Asylum or withholding of removal
• Cancellation of removal for certain permanent or non-permanent residents
• Adjustment of status
• Waivers or voluntary departure

Legal representation is essential, though not guaranteed by the government. Immigrants must secure their own attorney or represent themselves in court.

Deportation can have serious consequences, including permanent bars from reentry, loss of family unity, and career disruption. However, knowledge of your rights and timely legal help can sometimes stop or reverse the process.

Asylum & Refugee Protection

The United States offers asylum and refugee protections to individuals who fear persecution in their home countries. These humanitarian relief programs provide legal entry, protection from deportation, and a pathway to permanent residency.

Who Qualifies for Asylum?

To qualify for asylum in the U.S., an applicant must demonstrate a well-founded fear of persecution in their country of origin based on:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group (e.g., LGBTQ+ status, gender-based violence survivors)

Example: In 2025, Jamila, a journalist from Sudan, fled her country after facing repeated threats due to her reporting on government corruption. She applied for asylum within the U.S. and was granted protection after an extensive USCIS interview process.

Asylum vs. Refugee Status

• Asylum: Requested by individuals who are already inside the U.S. or at a port of entry.
• Refugee: Applied for by individuals from outside the U.S., typically while in a refugee camp or under UNHCR referral.

How to Apply for Asylum

1. Form I-589: Must be submitted within one year of arrival in the U.S., unless exempted.
2. Biometrics Appointment: Fingerprints and photos are collected.
3. Asylum Interview: Conducted by a trained USCIS asylum officer or in immigration court.
4. Decision: If approved, the applicant can later apply for a green card after one year.

Temporary Protection – TPS & DED

Some immigrants from war-torn or disaster-stricken countries may receive Temporary Protected Status (TPS) or Deferred Enforced Departure (DED). While not permanent, these statuses offer work authorization and protection from removal during crisis periods.

Seeking asylum is a complex and emotionally intense process. Legal representation, documentation, and detailed personal testimony are critical to success.

Rights of Immigrants in the U.S.

Whether documented or undocumented, immigrants in the United States are protected by certain constitutional and civil rights. These rights are foundational to U.S. democracy and ensure fair treatment, regardless of immigration status.

Key Legal Rights

• Right to Due Process: Immigrants have the right to a fair hearing in immigration court before being removed.
• Right to Remain Silent: Like U.S. citizens, immigrants can decline to answer questions from immigration agents without legal representation.
• Right to Legal Counsel: Immigrants may hire a lawyer in removal proceedings, though the government is not required to provide one for free.
• Protection Against Discrimination: Under federal law, discrimination based on national origin, ethnicity, or language is illegal in schools, housing, and workplaces.
• Right to Emergency Services: Hospitals must provide emergency care regardless of immigration status under federal law.
• Right to Education: All children, including undocumented minors, have the right to attend public schools under the 1982 Supreme Court decision Plyler v. Doe.

Example: When Juan, an undocumented immigrant in Texas, was stopped by police in 2025, he remained silent and asked to speak with a lawyer. Officers could not legally force him to answer questions about his status or detain him without legal cause.

ICE Encounters – What Immigrants Should Know

If confronted by Immigration and Customs Enforcement (ICE), immigrants should:

• Stay calm and avoid confrontation
• Ask if they are free to leave — if yes, they may do so
• Never lie or show false documents
• Carry a rights card stating they choose to remain silent
• Never open the door without a signed warrant

Immigrants and their families should always keep a copy of legal documents, have a safety plan, and know how to reach an immigration attorney.

Knowing your rights is the first step toward protecting yourself and your family — even when facing legal uncertainty. Education and awareness are powerful tools against fear and exploitation.

Conclusion: Empowering Your Immigration Journey

Immigration law in the U.S. can be complex, overwhelming, and at times, intimidating. But when knowledge is placed in the hands of the people — simplified, structured, and humanized — the law becomes a tool for hope, not fear.

This scroll is part of a bigger movement — one built not by law firms, but by citizens, advocates, and dreamers. Whether you’re applying for a visa, defending your rights in court, or helping a loved one through a legal process, True Legal Advice is here to guide, educate, and empower.

Your journey matters. And understanding your rights is the first step to protecting them.

🔗 Internal Scrolls You May Find Helpful

• Immigration Law Encyclopedia (Scroll B)
• News Update – 2025 Visa Policy Changes (Scroll C1)
• Deportation Defense: A DIY Legal Aid Scroll (Scroll H)
• Immigration Q&A: 20 Most Asked Legal Questions (Scroll G)
• Judgment Scroll – DHS v. Thuraissigiam (Scroll E)
• Book Review – American Dirt & U.S. Border Policy (Scroll D)
• California Immigration Law Guide (Scroll F)