United States: Six ways to legally migrate to the North American country

Thousands of people try to reach the USA looking for a better future. Many of them migrate illegally across the border with Mexico, which has become the most dangerous land migration route in the world.

At least 686 people died or disappeared in 2022 while trying to cross the border, according to data from the International Organization for Migration.

However, it is advisable to obtain legal status to live, work or study in this country, says Carla Reyna, a lawyer specializing in immigration in the United States and CEO of Reyna Immigrations.

The expert explains the methods and programs you should consider in order to migrate or live in the United States legally.

• 1. Green Card through a family member

The Green Card or (Permanent Residence) is the document that allows a foreigner to obtain permanent residence in the United States. With it, it is possible to work, live and study legally.

Eligible applicants are unmarried children (under 21), parents of a U.S. citizen, or spouses of a U.S. citizen. Siblings and children over 21 may also apply, but applications take longer to process.

• 2. Green Card through employment

The Green Card that is requested through employment is granted at the request of a company or organization. Preference will be given to those who demonstrate extraordinary ability in the sciences, arts, education, business, sports, etc.

The first step in applying for it requires the employer to submit a labor certification or application to the Department of Labor and some cases do not require the certificate. This is a test in the national labor market, where they determine if a citizen or permanent resident of the United States USA has the same qualifications as the applicant. If this is not the case, the foreigner is authorized.

As a second step, the employer files the petition with USCIS. It is very important to have an employer who takes on the role of financial sponsor. This ensures that the worker will have a salary to survive in the United States, and will not require government assistance.

• 3. Fiance or fiancé visa

The K1 Visa, better known as the “fiancé or fiancé visa,” is aimed at foreign citizens who “intend to marry U.S. citizens in the United States and then wish to become legal permanent residents without having to leave the country.”

The document grants a period of 90 days for foreigners to travel, have their wedding and begin the process of obtaining permanent residence with the Citizenship and Immigration Service of that country. With this visa, the stay is temporary with the option of becoming permanent.

• 4. Visa Lottery

The Diversity Visa Program was created for countries that have had very low rates of immigration to the United States and the program is known as a visa lottery because the people chosen to obtain a Green Card are selected at random from the list of people who register for the lottery.

To do so, you must have at least 12 years of primary and secondary education or at least 2 years of work experience.

For the 2026 edition, registration will be open from October 5 to November 9 of this year. This is the list of countries whose citizens will be able to apply for the visa lottery: Argentina, Chile, Costa Rica, Bolivia, Cuba, Ecuador, Guatemala, Nicaragua, Paraguay, Panama, Peru and Uruguay.

The Latin American countries that cannot apply for the visa lottery are the following: Mexico, Venezuela, Dominican Republic, Brazil, Colombia, El Salvador, Haiti and Honduras.

• 5. Investor visa

The EB-5 Visa is a type of visa which can grant permanent residency and then citizenship to those who invest US$1.8 million in urban areas or US$900,000 in rural areas.

The investment must create jobs for Americans. The program was created by the U.S. Congress in 1990 to stimulate the U.S. economy “through job creation and capital investment by foreign investors,” according to Citizenship and Immigration Services (USCIS). The investment can also be made with equipment and other tangible property equivalent to the amount required by USCIS.

“These are just some of the most commonly used options to legally immigrate to the United States. It is important to contact an immigration lawyer to analyze each case,” Reyna explains.

The information in this article is for educational purposes only and is not considered legal advice.

• 6. Asylum

In recent years, asylum applications have increased exponentially. To be eligible for asylum, you must be physically present in the United States and have suffered persecution or fear persecution due to your race, religion, nationality, political opinion or membership in a social group.

The application can include your spouse if you are married and children under 21 years of age. If the judge finds that you qualify for asylum you can stay and live in USA.

Asylum cases are complicated. That is why you should get a good attorney to help you not only with the petition, but also to gather your evidence so you can present your case to the immigration judge.