Paths to legal status in the US — by your current situation
Comprehensive guide to legal status paths in the US: visa overstay, EWI (border crossing), DACA, TPS, asylum, VAWA, U-visa, T-visa, marriage AOS, cancellation of removal, 245(i), SIJ, military naturalization, DV lottery, EB-5, family-based, employment-based. Pure information, no lead gen.
Paths to legal status in the US
People come to the US many different ways. Each pathway has different rules for getting permanent residency (green card) and eventually citizenship. This hub organizes ALL the paths.
By your CURRENT situation
By SPECIFIC path
- Marriage to US citizen + Adjustment of Status
- Asylum (affirmative + defensive)
- U-visa for crime victims (Form I-918)
- Cancellation of Removal — EOIR-42B
- Green card to US citizenship (N-400 timeline)
Critical: this is information, not legal advice
These pages list what each path requires so you can self-identify which applies to you. We don’t make eligibility determinations — that’s unauthorized practice of law. For your specific situation:
- Free: pro bono via CLINIC, AILA, or local legal aid (see Legal aid by state)
- Affordable: BIA-accredited reps at nonprofits — typically $50-$200
- Private: immigration attorney — $1,500-$10,000 depending on case complexity
Last verified: 2026-05-25.
Related procedural information
- Consulate of your country in the US — passport renewal, consular ID, document apostille
- ITIN — file federal taxes without SSN — required regardless of immigration status
- USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
- Find an immigration attorney — pro bono lists + AILA + BIA-recognized
- Know Your Rights — ICE encounters — constitutional protections
The rules change. Hear about it first.
Monthly digest of USCIS, IRS, and consulate fee, form, and deadline changes — no spam.
245(i) provision — grandfathered AOS despite ineligibility
INA Section 245(i) allows adjustment of status for those who would otherwise be ineligible, IF they had a Form I-130 or labor certification filed before April 30, 2001. $1,000 penalty. Path applies to spouses and children of grandfathered.
Asylum (affirmative + defensive) — paths to legal status
Asylum law in US. Affirmative asylum (USCIS) vs defensive asylum (in removal). One-year deadline, eligibility (race, religion, nationality, political opinion, particular social group), I-589 process, EAD after 180 days.
Cancellation of Removal (non-LPR) — EOIR-42B
Cancellation of Removal for non-LPRs in deportation proceedings. 10-year continuous presence requirement, good moral character, exceptional and extremely unusual hardship to USC/LPR family. 4,000 per year cap.
Diversity Visa Lottery — DV-2026, eligibility, application
Diversity Visa Lottery (DV) for natives of low-immigration countries. 55,000 green cards annually. Application is FREE, requires high school education or 2 years skilled work experience. October-November application window.
EB-5 Investor Visa — green card via investment ($800K minimum)
EB-5 Investor Visa: $800K-$1.05M investment in US business creating 10 jobs. Direct investment vs Regional Center (passive). 24-36 month timeline. Family included. Path to green card and citizenship.
Employment-based immigration overview — EB-1, EB-2, EB-3 categories
Complete overview of US employment-based green cards. EB-1 (extraordinary ability), EB-2 (advanced degree + PERM), EB-3 (skilled workers). Country backlogs, PERM process, sponsorship costs.
Family-based immigration overview — F1, F2A, F2B, F3, F4 categories
Complete overview of family-based immigration to US. Immediate Relative (IR) vs Preference (F) categories, current wait times by country, processing steps, derivative beneficiaries.
From green card to US citizenship — complete timeline
Step-by-step timeline from green card to US citizenship via Form N-400. 5-year rule (3 if married to USC), residency requirements, civics test, oath ceremony.
If you entered without inspection (EWI / crossed border) — paths to legal status
Information for people who entered the US without inspection (EWI). Path options including DACA, asylum, VAWA, U-visa, T-visa, cancellation of removal, 245(i), consular processing with waivers.
If you have DACA — paths to permanent legal status
DACA gives temporary protection and work authorization but NOT permanent status. Paths from DACA to green card / citizenship: marriage AOS, advance parole + AOS, asylum, VAWA, other family-based.
If you overstayed your visa — paths to legal status
Information for people who entered US legally but overstayed visa expiration. Available paths: marriage AOS, asylum, VAWA, U-visa, T-visa, cancellation, voluntary departure + reapplication.
Marriage to US citizen + Adjustment of Status (I-130/I-485)
Marriage to US citizen path to green card via Adjustment of Status. Forms I-130, I-485, I-765, I-131, I-693. Fees, timelines, common issues, K-1 vs AOS comparison.
Military naturalization — US citizenship via military service
US citizenship paths for military members and veterans. INA Section 328/329 — peacetime and wartime expedited naturalization. MAVNI program (currently suspended). Posthumous citizenship.
SIJ — Special Immigrant Juvenile status (under 21)
Special Immigrant Juvenile (SIJ) classification for unaccompanied minors and children in foster care abused/abandoned by one or both parents. State court findings required. Path to green card.
T-visa for trafficking victims (Form I-914)
T-visa for victims of severe trafficking in persons (sex or labor trafficking). Eligibility, application process, requirements, derivative family members, path to green card.
U-visa for crime victims (Form I-918)
U-visa pathway for victims of qualifying crimes in US who cooperate with law enforcement. Process, eligibility (qualifying crimes list), 4-year backlog, deferred action, path to green card.
VAWA self-petition (Form I-360) — for victims of USC/LPR abuse
Detailed VAWA self-petition guide. Who qualifies (abused spouses, children, parents of USC/LPR), confidentiality, evidence, fees waived, path to green card without abuser involvement.
General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.