Living in the USA: Updated Guide to Visas, Green Card, and Adjustment of Status

Living in the United States remains one of the most sought-after international mobility goals for professionals, students, investors, and families from around the world. The journey, however, requires legal planning, proper documentation, and an understanding of the immigration status categories recognized under U.S. law, particularly the Immigration and Nationality Act (INA). This guide has been updated for 2026 and presents, in a structured manner, what every applicant needs to understand before starting the process.

The starting point is understanding that, in the U.S. system, every foreign national who intends to enter the country legally is assigned a classification under the INA, regulated by the Department of State (DOS) and administered, within U.S. territory, by the U.S. Citizenship and Immigration Services (USCIS). Each classification defines rights, timelines, work authorization, dependent eligibility, and the path to permanent residence.

Immigration Status Categories

U.S. law divides foreign nationals into two broad categories: nonimmigrants, who enter for a defined temporary purpose, and immigrants, who receive lawful permanent residence, the well-known Green Card. There is no legal middle ground: a person is either authorized as a visitor, student, or temporary worker, or authorized as a lawful permanent resident.

Foreign nationals without valid status lose basic rights in the country and may accrue unlawful presence, which can trigger 3- or 10-year bars on reentry under INA section 212(a)(9)(B). Maintaining valid status is therefore just as important as entering lawfully.

General Required Documentation

Although each visa has its own requirements, certain documents appear in nearly all consular and administrative processes:

• Passport valid for at least six months beyond the intended stay (the DOS validity rule for most countries).
• Form DS-160 completed electronically for nonimmigrant visas, or DS-260 for immigrants processed abroad.
• Digital photo meeting Department of State specifications.
• Proof of payment of the consular fee (MRV) and, where applicable, USCIS petition fees.
• Evidence of ties to the home country for temporary visas (nonimmigrant intent).
• Professional and academic history and, for employment-based visas, evidence of qualifications.
• Criminal background check, medical examination by an authorized panel physician, and prior immigration history for immigrant processes.

Nonimmigrant Visas

Nonimmigrant visas authorize a temporary stay for a specific purpose. The duration depends on the category, the annotations made by the immigration officer on Form I-94, and any extensions granted by USCIS. Confusing the visa validity period (printed in the passport) with the authorized period of admission (on the I-94) is one of the most common mistakes and can result in a loss of status.

Main Temporary Categories

• B-1/B-2: tourism, medical treatment, and business meetings. Standard stay of up to six months per entry, extendable via Form I-539.
• F-1 and M-1: academic and vocational students enrolled in SEVP-certified institutions. Allow CPT and OPT under specific conditions.
• J-1: cultural exchange programs, including au pair, researchers, visiting physicians, and interns. Some subcategories are subject to the two-year home-country return requirement under INA 212(e).
• H-1B: professionals in specialty occupations, subject to an annual cap and lottery process managed by USCIS.
• H-2A and H-2B: temporary agricultural and nonagricultural workers, tied to a specific employer.
• L-1A and L-1B: intracompany transfers for executives, managers, or employees with specialized knowledge.
• O-1: individuals with extraordinary ability in science, arts, education, business, or athletics.
• E-1, E-2, and E-3: treaty traders, treaty investors, and professionals in specialty occupations, restricted to nationals of countries with a bilateral treaty. The E-3 is exclusively for Australian citizens.
• TN: Canadian and Mexican professionals in occupations listed under the former NAFTA, now governed by the USMCA.
• K-1 and K-3: fiances and spouses of U.S. citizens, intended for subsequent adjustment of status within the United States.

Immigrant Visas and Green Card

Immigrant visas grant lawful permanent residence. There are three main families: family-based, employment-based, and humanitarian or diversity cases, such as the Diversity Visa Program and asylum.

Immediate Relatives and Preference Categories

U.S. citizens may petition for spouses, unmarried children under 21, and parents with no annual numerical limit. All other categories fall into preference queues, controlled monthly by the Visa Bulletin:

• F1: unmarried adult children of U.S. citizens.
• F2A: spouses and minor children of lawful permanent residents.
• F2B: unmarried adult children of lawful permanent residents.
• F3: married children of U.S. citizens.
• F4: siblings of U.S. citizens aged 21 or older.

Employment-Based Categories

• EB-1: extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
• EB-2: professionals holding an advanced degree or with exceptional ability, generally requiring PERM Labor Certification.
• EB-2 NIW: EB-2 subcategory that waives the job offer and PERM requirements through a National Interest Waiver, based on criteria established in Matter of Dhanasar.
• EB-3: skilled workers, professionals, and other workers, requiring PERM.
• EB-4: special immigrants, including religious workers and other categories provided by law.
• EB-5: foreign investors who deploy qualifying capital and create direct or indirect jobs, as defined by the EB-5 Reform and Integrity Act of 2022.

Key Forms

The immigration process is driven by USCIS and Department of State forms. Knowing each one and its current fees helps avoid delays and denials. Since the fee schedule update published in 2024, filing fees have been significantly increased and should always be verified against the official USCIS fee table before submission.

• DS-160: application for nonimmigrant visas processed at a consulate.
• DS-260: application for immigrant visas processed abroad by the National Visa Center.
• I-129: employer petition for nonimmigrant workers (H, L, O, P, and others).
• I-130: relative petition to initiate a family-based process.
• I-140: employment-based immigrant petition.
• I-485: application to adjust status to lawful permanent residence for applicants already in the United States.
• I-539: extension or change of status between nonimmigrant categories.
• I-765: employment authorization (EAD).
• I-131: advance parole for travel while a petition is pending.
• N-400: naturalization application for eligible lawful permanent residents.

Change of Status and Adjustment of Status

Although the terms may seem interchangeable, they have distinct legal effects. A change of status occurs between nonimmigrant categories, typically via Form I-539 or I-129, and keeps the applicant in temporary status. Adjustment of status, by contrast, leads to lawful permanent residence through Form I-485 when the applicant is lawfully present in the United States and a visa number is available in the corresponding Visa Bulletin category.

Those outside the United States with an approved immigrant petition follow the path of consular processing via DS-260 and a consular interview. The choice between adjustment of status and consular processing depends on current immigration status, the Visa Bulletin queue, and the strategy appropriate to each case.

Tourist Visa Extension

The B-1/B-2 visa may be extended through Form I-539, but approval is not automatic. The applicant must demonstrate that the trip retains its temporary purpose, that ties to the home country remain, and that sufficient financial means exist to cover the extended stay. Successive extension requests tend to receive closer scrutiny from USCIS, particularly when they suggest an intent to reside in the United States outside the lawful pathways provided by law.

Remaining beyond the authorized period on the I-94 without an approved extension can void the original visa under INA section 222(g) and trigger bars on reentry. The practical rule is to plan departure or file an extension request at least 45 days in advance.

Pathways to Permanent Residence

There are multiple routes to a Green Card, and the best choice depends on professional profile, family ties, and available time. The EB-1, EB-2 NIW, and EB-5 categories tend to be the most sought-after by qualified professionals and investors who want independence from sponsoring employers. Family-based pathways are essential for reunification, though in some categories the wait time exceeds a decade.

For any route, the common thread is the importance of organizing documentary evidence, maintaining records of entries and exits, filing taxes correctly when applicable, and meeting all USCIS deadlines. International mobility is, above all, an exercise in documentary discipline and long-term planning.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.