You can officially migrate to America permanently in these ways – through work, family reunification, talent visa, winning the Green Card lottery, or by applying for political asylum in the United States. For those who have been able to relocate and obtain residency through these means, the government offers some help in adjusting. However, if you are in the country on a U.S. tourist, student, or other visa that does not allow you to obtain a residence permit, you will not be able to legally get a job, get Social Security, or take out large loans. The exception is the student visa on which you can work, but no more than 20 hours a week, and receive some social assistance from the state and private organizations.
For a long time a law was passed in the USA, which forbids the migrants without residence permit (Green card), special visa or citizenship to work legally in the USA. However, this does not prevent many migrants in some states and cities from working illegally and still maintaining a good standard of living. It is especially noticeable in New York, Chicago, Los Angeles, and some southern regions, since most migrants gather there, plus the implementation of this act is monitored rather poorly.
However, if an employer is found to have illegal workers, he will be fined a large fine or required to close the company. Illegal workers themselves are not threatened with anything serious, i.e. if a person stays in the country legally, then the court is out of the question.
If your visa has expired, and it is impossible to extend it, then you must leave the country as soon as possible, otherwise you can be among the illegals. In addition to the fact that you will not be able to get a legal job, you are not recommended to use the services of the police, medical and other institutions where they may ask for documents. If it turns out that you are in the country illegally, you can be deported or sent to the migration prison for further clarification.
Those who stay in the country on a tourist, study, or visitor visa cannot apply for a Green Card, i.e. to become a full-fledged American citizen will be much harder. The owners of work, business, and investment visas can expect to receive a residence permit and subsequently a passport.
The Freedom Act allows the first group of people to legalize their status by exercising their right to apply for political asylum. If their visas have not yet expired, they are not threatened with immigration jail, and they can stay in the country legally while the process of their application is underway (the process itself can take several years). After 6 months from the beginning of the process, if no decision has been made or one of the parties tries to dispute the issue, the applicant is provided with an official work permit as well as various social security benefits in the refugee assistance program.
However, you do not have to leave the country if it is rejected; you can file a second lawsuit, but it will cost a certain amount of money, because you will need to hire a lawyer. You can file lawsuits almost indefinitely, thus dragging out the process for years, and you will have all the rights of an American citizen. But every attempt to appeal against the decision of the immigration court will cost a large sum of money, so this way to stay in the country legally is too costly. If you managed to get political asylum, you will be given a Green Card and some social benefits as a refugee, after a certain period of time you can become a full-fledged US citizen.
Recently, U.S. immigration laws have become more and more strict. First of all, it is connected with influx of low-skilled labor from Mexico, China, and African countries who work illegally and do not pay taxes, which is to the detriment of the state. There is also a risk of canceling the Green Card lottery, which brings tens of thousands of people to the United States for permanent residence every year. The reasons are economic in nature, since the Green Card entrants can expect full social security from the government, which they actively use, and as a consequence, they do a certain amount of damage to the economy.
At the moment, the United States is most interested in the influx of highly skilled specialists from abroad, who find it easier to migrate on a work, study, or talent visa (issued to those who have some unique talent or outstanding achievements).
However, even with a Green Card in hand, you can be deported from the country without the right to return if you seriously break the law.