What are the main requirements for immigrant visas?

Jennifer Paulino, New York managing attorney | Marble Law

New York & immigration managing attorney at Marble Law

Published June 12, 2025 · 3 min read

Key Takeaways

The U.S. offers permanent residency through family-based petitions, employment visas, diversity lottery, asylum/refugee protection, and special immigrant categories.
You must meet strict requirements, including sponsorship, medical exams, background checks, and category-specific eligibility.
Wait times vary—from a few months for immediate relatives to several decades for some categories.
Hiring an immigration lawyer can improve your chances of approval and help avoid delays.

Ways to get an immigrant visa in the United States

The U.S. offers several routes to a green card, each with its own rules and application steps. Here are the main options:

File a family-based immigration petition: U.S. citizens and permanent residents can sponsor certain relatives, including spouses, children, parents, and siblings, depending on eligibility.
Pursue an employment-based immigration path: Workers with advanced degrees, specialized skills, or extraordinary ability can qualify for employer-sponsored visas across five preference categories.
Apply through the diversity lottery: The DV Lottery offers 50,000 visas each year to people from countries with low rates of U.S. immigration, selected randomly through a lottery system.
Seek refugee status protection: If you're outside the U.S. and fleeing persecution due to race, religion, nationality, political opinion, or social group, you may qualify for refugee status.
Request asylum protection status: If you’re already in the U.S. and fear persecution in your home country, you can apply for asylum within one year of arrival.
Utilize special immigrant categories: This includes religious workers, Afghan and Iraqi translators, certain international organization employees, and victims of trafficking or abuse.

Main requirements for an immigrant visa in the United States

Regardless of which path you choose, getting an immigrant visa requires meeting several core requirements:

Meet the financial support requirements: You or your sponsor must show the ability to support you financially, typically through an Affidavit of Support (Form I-864).
Complete the medical examination process: You must undergo a medical exam by an approved doctor to confirm you don’t have a condition that makes you inadmissible.
Prove a valid relationship basis: Whether it's family or employment, you’ll need to provide evidence that the claimed relationship is legitimate and meets legal standards.
Submit comprehensive background checks: All applicants are screened for past crimes, immigration violations, national security concerns, and affiliations with banned organizations.
Demonstrate category-specific eligibility criteria: Each visa type has its own rules. For example, employment visas may require a labor certification or job offer, while asylum requires proof of fear of persecution.

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What is the typical immigrant visa wait time?

There is no one-size-fits-all answer. Wait times depend on your visa category, country of origin, and the speed of U.S. government processing.

Immediate relatives of U.S. citizens: Usually processed within a few months.
Family preference categories: For certain countries, like Mexico or the Philippines, it can take anywhere from a few years to 20+ years.
Employment-based visas: Timelines range from several months to years, depending on the category and demand.
Diversity visa lottery: If selected, you must act quickly—there’s a strict annual deadline.
Asylum and refugee visas: Timeframes vary widely, especially due to recent backlogs.

Young woman applying for visa in US immigration office

Why you should consider a lawyer for your immigrant visa application

Immigration attorneys with Marble Law help you choose the right visa path, gather the correct documentation, and prepare your application for maximum success. We help you avoid mistakes that can lead to delays—or worse, denials—and represent you throughout the process, including interviews or appeals if needed. With the right legal support, your path to a green card can become a lot smoother.