Immigration processes in the United States: a map

Talking about immigration processes in the United States means talking about a system with many doors, each with its own agency, forms and rules. People often get confused because a relative “did the paperwork” one way and they are told something different. Usually the reason is simple: it was not the same process or the same agency.

This article is general information, not legal advice. For decisions about your case, talk to a licensed immigration attorney or a representative accredited by the Department of Justice (DOJ) who works for a recognized organization.

Who decides each immigration process

Before thinking about forms, it helps to know who holds your file. These are the main institutions:

Institution	What it does, in short
USCIS	Decides benefit applications: affirmative asylum, family petitions, green cards, citizenship, TPS and work permits.
EOIR (immigration courts)	Immigration judges who decide removal cases and applications filed within those proceedings.
ICE	Enforces immigration law inside the country: detention and removal. Its attorneys represent the government in court.
CBP	Controls the borders and ports of entry.
Department of State	Through consulates, issues visas to people outside the United States.

The official USCIS website and the Executive Office for Immigration Review (EOIR) website are the most reliable starting points.

Asylum: affirmative and defensive

Asylum protects people who fear persecution in their country for certain reasons. You apply with Form I-589, and there are two paths:

• Affirmative asylum: filed with USCIS when the person is not in removal proceedings. There is an interview at an asylum office.
• Defensive asylum: requested before an immigration judge when the person is already in removal proceedings.

Generally, the application must be filed within one year of the last arrival in the United States, with limited exceptions. The same I-589 can also request withholding of removal and protection under the Convention Against Torture. We walk through it step by step in our I-589 asylum process guide.

Family petitions and green cards

The family petition (I-130)

A US citizen or a permanent resident can petition for certain relatives with Form I-130. This petition only proves the family relationship; on its own it does not grant a green card. Depending on the relationship and category, there can be long waiting lines.

Adjustment of status (I-485) or consular processing

When a visa is available, a person who is inside the United States and meets the requirements can apply for a green card with Form I-485, known as adjustment of status. Someone outside the country, or who does not qualify to adjust, usually goes through a Department of State consulate. Whether you can adjust depends heavily on how you entered and on your history, so this is a point where legal advice is worth it.

Citizenship (N-400)

A permanent resident can apply for naturalization with Form N-400 once they meet the requirements. As a general rule, five years as a resident are required (three in some cases of marriage to a US citizen), along with good moral character and English and civics tests, among others. A criminal record or long trips abroad can complicate the application.

TPS and work permits

Temporary Protected Status (TPS)

TPS protects nationals of certain countries designated by the government. Designations, extensions and terminations change often, and there have been many changes in recent years. Always check the official TPS page on USCIS before filing or renewing.

Work permit (I-765)

A work permit (EAD) is requested with Form I-765, and the category depends on the basis: a pending asylum case, TPS, adjustment of status and others. In 2025, fees, validity periods and automatic-extension rules changed for several categories, so confirm the current rules on the form page and on the USCIS filing fees page.

Removal proceedings and the Notice to Appear

Removal proceedings usually begin with a Notice to Appear (NTA, Form I-862), a document that says why the government believes the person can be removed and that orders them to appear before the immigration court. Some key points:

1. Read the NTA carefully and keep a copy.
2. Confirm your hearing date in the court’s system; we explain how in how to check your immigration court case.
3. Do not miss it: failing to appear at a hearing can result in a removal order “in absentia.”
4. Look for legal guidance as soon as possible. EOIR publishes a list of pro bono legal service providers.

Change of address: the step people forget

Moving without notifying the government is one of the most common mistakes, and it has serious consequences, because hearing notices and decisions arrive by mail.

• Immigration court: Form EOIR-33 within 5 days of moving.
• USCIS: Form AR-11 or an online change of address within 10 days.

If you have cases with both agencies, you must notify both. Moving to another state does not transfer your court case automatically either.

How ALIA360 can help

At ALIA360 we prepare and organize documents for people who file on their own (pro se): USCIS forms, court filings, translations and changes of address. We can mail your packages by USPS with tracking and keep track of them in our client portal. We are not attorneys: if we see that your case needs one, we tell you, and we can connect you with a licensed attorney. You can see the full list in our services.

Be careful with promises

No immigration filing has an assured result, and no honest person can promise you one. Be wary of anyone who promises outcomes, asks you to sign blank forms or keeps your original documents. USCIS has a page to help you avoid scams, and you can report fraud at reportfraud.ftc.gov.

Next steps

First, identify which agency has your case and which date is coming up. Then gather your documents (passport, notices, receipts) in one place. If you want help preparing or organizing your documents, reach out through our contact page. Our team works primarily in Spanish.