US Immigration from Mexico
For many Mexicans, moving to the US is a popular choice. It offers close proximity to Mexico, multiple professional opportunities, strong travel connections, and a rich and varied cultural environment.
However, moving to the US from Mexico can often be complicated and may involve multiple immigration challenges. At Total Law, we can help you to navigate these challenges and boost your chances of a successful immigration application.
Contact us online today or on +1 844 312 4979 for help moving from Mexico to US and to receive bespoke assistance from a US immigration lawyer.
Moving to US: Overview
Living in the US offers numerous advantages, including professional and educational opportunities, world-class healthcare, natural beauty in many areas, and a range of city and countryside destinations.
Many Mexicans also have close family connections with the US, making it a popular destination.
There are many reasons to visit or move to the US, including recreation, family, education, and work, and the most appropriate immigration route depends on your circumstances.
The US has a rich history of immigration, with many people moving to the US in the 1700s as it was industrialising.
Since then, there have been numerous significant legal developments in US immigration policy, such as the Immigration and Nationality Act of 1965, which reduced national-origin quotas that had disadvantaged individuals from Asia in particular.
Under the current US administration, there have been ongoing changes to policy, including an increased focus on the deportation of undocumented individuals. When taken alongside recent media coverage of the US’s Immigration and Customs Enforcement (ICE), applying for an American visa might feel daunting.
Page Contents
- Moving to US: Overview
- Family-Based Immigration
- Employment-Based Immigration
- Humanitarian-Based Immigration
- Visiting the US
- List of Available Visas for the United States
- Extending your Visa
- Citizenship and Naturalization in the USA
- Obtaining Green Card in the US
- Deportation and Removal
- Cost of Living in USA
- Accommodation in the USA
- Education in the US
- Healthcare System in the US
- Checklist for Moving to US
- How Can Total Law Help?
- Frequently Asked Questions
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Family-Based Immigration
If you are a Mexican citizen or resident applying to join a family member in the US, you may be eligible for a Green Card. The US offers 2 main family routes:
Immediate Relative
This route is designed to allow the close family members of US citizens to join them in the US. This allows a US citizen to sponsor their immediate family member for a Green Card, which grants the sponsored family member permanent US residency.
In order to be eligible, the family member of the US citizen must fall into one of the following categories:
- Spouse
- Children (minor and unmarried)
- Parents (in which case the US citizen must be at least 21 years of age)
The US does not limit how many of these Green Cards are granted each year.
Family Preference
This route allows more distant family members to apply to join a US citizen or permanent resident relative in the US. A successful application means the applicant will be granted a Green Card and gain permanent residence status in the US, allowing them to settle permanently.
There is a limit on how many of these visas are granted each year, meaning that a successful application is not guaranteed, even if you meet the eligibility criteria.
The ‘preference immigrant’ categories are:
- First preference (F1): the unmarried sons and daughters (who are at least 21 years old) of a US citizen
- Second preference (F2A): the spouses and (minor and unmarried) children of lawful permanent residents
- Second preference (F2B): the unmarried sons and daughters (who are at least 21 years old) of lawful permanent residents
- Third preference (F3): the married sons and daughters of US citizens
- Fourth preference (F4): the brothers and sisters of US citizens (if the US citizen is at least 21 years old)
Close family members of US citizens are generally given priority over those of US permanent residents. As the US has a quota for how many ‘family preference’ Green Cards it grants, family members in lower-preference categories may find it difficult to move to the US via this route.
Employment-Based Immigration
The US also offers several work visas for Mexican residents and citizens. The route which is right for you will depend on your specific circumstances and the type of work in question.
Temporary Work visas
The US offers a variety of temporary Work visas, which do not provide a direct route to permanent settlement, such as the following:
- H-2A – temporary or seasonal agricultural workers
- H-2B – temporary non-agricultural workers
- I – overseas press representatives
- P-1A – internationally-recognized athletes
- TN – United States-Mexico-Canada Agreement (USMCA) temporary professionals from Mexico and Canada
For you to be eligible for a temporary US Work visa, your prospective employer will generally need to file a non-immigrant petition with USCIS on your behalf.
Students are usually allowed to work part-time in the US, but with some restrictions. F1 visa-holders, for instance, can generally work on-campus during their time in the US, and may also be able to engage in limited off-campus work later in their studies.
Permanent Work visas
The US grants approximately 140,000 immigrant visas each year and uses a priority system to do so. The preference categories are:
- First Preference EB-1 visa for applicants with extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors or researchers, or eligible multinational executives and managers
- Second Preference EB-2 visa for individuals in professions which require advanced degrees or who have exceptional ability in the arts, science, or business
- Third Preference EB-3 visa for professionals, skilled workers, and other workers
- Fourth Preference EB-4 visa for ‘special immigrants’, such as religious workers and employees of US foreign service posts
- Fifth Preference EB-5 visa for business investors who invest at least $1,050,000 in a new commercial enterprise that employs at least 10 full-time US workers (this amount reduces to $800,000 if the investment is made in a targeted employment area)
Humanitarian-Based Immigration
If you are a Mexican citizen or resident looking to move to the US for humanitarian reasons, then you may be able to gain US immigration status or affiliated benefits if you have experienced any of the following:
Abuse from your spouse
If you are the spouse, parent, or child of an abusive US citizen, you can submit a Form I-360. If your form is approved, you will be able to work in the US and may also be eligible for a US Green Card.
You may be required to attend an interview as part of the Form I-360 application process.
Human trafficking
If you are a victim of human trafficking, you may be able to obtain a T nonimmigrant visa. You will generally be able to remain in the US for at least 4 years, provided that you comply with any requests from law enforcement for help with the criminal investigation into the trafficking.
You will generally need to demonstrate that being required to leave the US would cause you extreme hardship involving unusual and severe harm.
Being a victim of certain crimes
If you are a victim of qualifying criminal activity, you may be eligible for a U visa. The qualifying criminal activities vary but include abduction, blackmail, incest, kidnapping, extortion and trafficking.
The U visa is granted for a period of 4 years, but extensions may be granted in certain circumstances, such as at the request of US law enforcement or due to delays in consular processing.
If you are a special immigrant juvenile
If you are in the US and require protection from a juvenile court due to abuse, abandonment or neglect by a parent, you may be eligible for Special Immigrant Juvenile status, in which case you will generally be eligible for a US Green Card (i.e. permanent settlement status).
You must be under 21 years old, live in the US, never have been married, and have a valid and relevant juvenile court order from a US state court.
Forced marriage
If you are a victim of forced marriage and are in the US, you may be eligible for one of the following US immigration routes:
- Asylum
- Special Immigrant Juvenile classification (if you are under 21)
- Self-petition under the Violence Against Women Act
- T nonimmigrant status for victims of human trafficking
- U nonimmigrant status for victims of certain qualifying crimes
Female genital mutilation or cutting
If you have experienced partial or total removal of the external female genitalia or another non-medical injury to your female genital organs, you may be eligible for one of the following routes:
- Asylum
- Special Immigrant Juvenile classification (if you are under 21)
- U nonimmigrant status for victims of certain qualifying crimes
Seeking Asylum
Upon arrival in the US, you may also be able to obtain refugee status by applying for asylum. In order to be eligible, you will need to be physically present in the US and able to demonstrate that you were either persecuted or at risk of being persecuted when in your home country, either due to your race, religion, nationality, social group, or political opinion.
After applying for asylum in the US, you should generally receive an answer within 180 days.
Visiting the US
Overview
When visiting the US as a temporary visitor, it is generally necessary to obtain a Visitor visa. The 2 main routes are:
- B-1 Business visa, which allows the holder to enter the US temporarily to conduct limited business activities, such as meeting with business associates, attending a conference, or negotiating a contract
- B-2 Tourism visa allows the holder to enter the US as a tourist for holiday purposes or visit family or friends for a short period of time. It can also be used to receive short-term medical care or study a short recreational course
Visa Waiver Program
The US offers a Visa Waiver Program, meaning nationals of certain countries are exempt from obtaining a Visitor visa to visit the US temporarily.
Mexico is not included in the Visa Waiver Program, but if you are a Mexican resident who is a citizen of another country or a dual citizen of Mexico, you may be eligible to enter the US visa-free under the Visa Waiver Program.
Some of the countries included in the waiver are the UK, France, Norway, and Chile.
Border Crossing Card
For Mexican visitors in particular, it is generally necessary to obtain a Border Crossing Card to visit the US. This is a laminated card which acts as a Visitor visa.
It allows the holder to enter the US and is granted when the applicant meets the Visitor visa criteria and can demonstrate sufficient ties to Mexico to compel them to return there upon finishing their visit to the US.
A valid Mexican passport is required in order to apply for this card.
List of Available Visas for the United States
The US offers numerous visas, each intended for different circumstances, many of which are strong fits for Mexican residents or citizens looking to visit or move to the US.
Nonimmigrant visas
These visas are intended as temporary and so generally do not offer a route to permanent settlement.
- P-1: This visa allows entry to athletes, amateurs or professionals who are competing for prize money
- J: Au Pair (Exchange Visitor) visa
- E-3: Australian Professional Specialty visa
- BCC: Border Crossing Card for Mexican citizens (with a valid Mexican passport)
- B-1: Business Visitor visa
- CW-1: CNMI-Only Transitional Worker visa
- D: Crewworker visa
- A: Diplomatic or Foreign Government Official visa
- B-1: Domestic Employee or Nanny visa – holders of this visa must be accompanying an employer who is a foreign national
- G Visas: visas are for the employees of a designated international organization
- J: Exchange Visitor visa
- O: visa for foreign nationals with extraordinary ability in sciences, the arts, education, business or athletics
- H-1B1: Free Trade Agreement Professional visa for applicants from Chile or Singapore
- Q: International Cultural Exchange Visitor visa
- L: Intra-Company Transferee visa
- B-2: Tourism Visitor visa (including for medical treatment)
- I: Journalist visa
- TN/TD: North Atlantic Free Trade Agreement visas for Canadian and Mexican applicants
- P: Performing Athlete, Artist, and Entertainer visa
- R: Religious Worker visa
- H-1B: visa is for applicants in specialist occupations which require specialized knowledge
- F/M: US Student visas
- H-2A and 2B: Temporary/Seasonal Worker visas
- H-3: allows the holder to complete training in a program which is not primarily for employment
- E: Treaty Trader/ Treaty Investor visa
- C: US Transit visa
- U: Victim of Criminal Activity visa
- T: Victim of Human Trafficking visa
- V: Nonimmigrant visa for the Spouse and Children of a Lawful Permanent Resident
Immigrant visas
These visas generally provide a route to permanent settlement in the US:
- IR1, CR1: visas intended for the spouse of a US citizen
- K-3: intended for the spouse of a US citizen awaiting approval of an I-130 immigrant petition
- K-1: US Fiance visa
- IR3, IH3, IR4, IH4: visas for overseas adoptees of US citizens
- IR2, CR2, IR5, F1, F3, F4: US Family visas for the family members of US citizens
- F2A, F2B: Family visas for family members of US permanent residents
Extending your Visa
When in the US on a visa, you may be able to extend that visa upon expiry, provided that it is eligible for extension and that you continue to satisfy the eligibility criteria.
In the case of Student visas, for example, the original visa which you were granted may not cover the entirety of your studies, in which case you will need to apply for a visa extension.
To be eligible, you must meet several criteria, including that you entered the US lawfully, your current visa is still valid, you have not committed any disqualifying crimes, and your passport is still valid.
However, not all stays are eligible for extension, such as those of visitors who enter the US under the ESTA visa waiver program.
Citizenship and Naturalization in the USA
US citizenship grants a number of benefits, such as the right to participate in US elections and to obtain an American passport.
Both the US and Mexico allow dual citizenship, meaning it is possible to obtain US citizenship without relinquishing your Mexican nationality.
There are a number of routes to American citizenship. One is being born in the US, as it has birthright citizenship (meaning a baby born there is automatically an American citizen).
Another common route to US citizenship is through naturalisation. Generally, you will need to have been a lawful permanent resident of the US for at least 5 years in order to obtain US citizenship through naturalisation. You will need to have lived in the US continuously for those 5 years.
You may also obtain US citizenship through marriage to a US citizen. To be eligible for this route, you must be at least 18 years old and have held lawful permanent residence in the US for at least 3 years.
If you are the child of at least one US citizen parent, you may be eligible for US citizenship, even if born outside the US. Your parent(s) will need to meet certain physical presence requirements.
Obtaining Green Card in the US
US Green Cards grant permanent residency status to their holders.
They allow the holder to live and work permanently in the US, provided the card is not revoked (for example, if the holder is found to live permanently outside the US or to have submitted false information during the application process).
The main Green Card routes are:
- Green Card through family, e.g:
- Spouse of a US citizen
- Unmarried minor child of a US citizen
- Parent of an adult US citizen
- Green Card through employment, e.g:
- First preference immigrant worker (e..g someone with extraordinary ability in an eligible field, such as the arts)
- Second preference worker (e.g. a worker in a profession that requires an advanced degree)
- Immigrant investor (someone who has invested at least $800,000 in a new US commercial enterprise which will generate at least 10 full-time jobs)
- Green Card as a special immigrant, e.g:
- Religious worker
- Special immigrant juvenile
- Afghan or Iraqi national who worked for or was professionally affiliated with the US government or International Security Assistance Force
- International broadcaster
- Green Card from refugee or asylum status (if you were granted asylum or admitted as a refugee to the US at least 1 year ago)
- Green Card for victims of human trafficking or other qualifying crimes (i.e. if you currently have a T nonimmigrant visa or U nonimmigrant visa)
- Green Card for victims of abuse, e.g:
- VAWA self-petitioner
- Special immigrant juvenile
- Green Card through other categories, e.g:
- Liberian Refugee Immigration Fairness
- Diversity Immigrant Visa Program
- Cuban Adjustment Act
- You were born in the US to a foreign diplomat who was stationed in the US at the time of your birth
- Green Card through registry (i.e. you have lived continuously in the US since before January 1, 1972
Holding a Green Card is not the same thing as being a US citizen. American citizenship must be applied for separately and has its own separate eligibility criteria.
Deportation and Removal
If you are in the US without immigration permission, you are liable to be deported. You may also be deported if you are in the country with permission, but:
- Commit a crime
- Are deemed to be a threat to public safety
- Violate your visa
In any of the above circumstances, you may be detained by ICE.
Prior to being removed from the US, you may be held in a detention center. You may also have to appear in immigration court unless you are subject to expedited removal, in which case you will be deported without an immigration court hearing.
Expedited removal previously focused on undocumented individuals within 100 miles of the border who had arrived within the last 14 days; it was expanded in 2025 to include anyone who cannot prove they have been in the US continuously for at least 2 years before being arrested.
Cost of Living in USA
The cost of living in the US varies significantly depending on where you live.
According to Numbeo, the average monthly costs for a US family of 4 are $4,267, excluding rent. The average cost for a single individual is $1,184, excluding rent. The average salary, after tax, is $4,317.
Cities like New York, LA, and San Francisco are known for being particularly expensive, whereas cities like Detroit, St. Louis, and Pittsburgh are generally more affordable.
When deciding where in the US to move, it is important to take into account factors like budget, affordability, and the desired type of residential area.
Accommodation in the USA
The US offers a variety of accommodation options across cities and the countryside.
Some of the most popular cities in the US are New York City, Los Angeles, Chicago, Houston, Phoenix, San Diego, and Dallas. Each of these locations offers a range of accommodation options, both for rent and to buy.
According to Numbeo, the average rent for a 1-bedroom city center apartment is $1,639, increasing to $2,649 for a 3-bedroom city center apartment. However, it is important to keep in mind that property prices vary significantly depending on where in the US you are living.
Cities like San Francisco and San Jose have particularly expensive housing, whereas smaller cities and more rural areas often have comparatively affordable housing options.
Education in the US
The US offers a wide variety of world-renowned educational institutions across rural and urban locations. The US visa you require for educational purposes depends on the specific level of education.
For university or college, high school, or private elementary school, you will require an F visa.
For a vocational or other nonacademic institution (except language training programs), you will require an M visa.
When applying to study in the US, you must make sure to apply for a SEVP-approved school.
If you wish to study in the US during your stay, you must obtain a dedicated Student visa, except for short recreational courses (such as cooking classes) that are not for credit.
Healthcare System in the US
Healthcare in the US is generally private, meaning that it is necessary to either obtain private health insurance or pay out of pocket to receive US healthcare.
There are also other options, including Medicare, that could reduce the amount you are required to pay for treatment.
Monthly costs generally range from $185 to over $1,000, and coverage levels and copays vary significantly depending on your plan.
Checklist for Moving to US
When moving to the US, there are a number of steps which you will need to complete.
While the exact steps will vary depending on your particular route and circumstances, you should generally consider the following points prior to making your move:
- Are you eligible for your chosen immigration route? Are you able to provide sufficient evidence in support of your application, for example?
- Are any dependants (e.g. your spouse and/or children) able to join you under your chosen route?
- How will you obtain US health insurance? If you are moving to the US for work, your employer may provide your health insurance. If not, you will generally need to secure your own health insurance coverage or pay for any treatment out of pocket
- Do you have sufficient financial resources to cover the duration of your time in the US? The cost of living can be particularly high in the US, especially in major cities like New York, Los Angeles, and San Francisco
- Where in the US do you plan to move? The US offers a wide variety of residential choices, and some options will be better fits than others. You should make sure to research your chosen area thoroughly before starting your move
- Will you need a car? Many areas of the US have limited public transport options, meaning that obtaining a car upon arrival may be necessary
How Can Total Law Help?
The US and Mexico have strong ties, and many Mexican citizens choose to move to the US. Living and working in the US offers a wide variety of benefits, including a strong economy, numerous professional opportunities, access to a high quality of living, world-renowned education and healthcare, and an exciting range of city and countryside locations.
However, US immigration rules can be complicated, especially given regular policy changes. So it is highly advised that you seek legal assistance with any immigration applications you plan to submit.
At Total Law, we can help you with the full range of immigration applications, whether you are applying for your first US visa or for American citizenship. Contact us online today or at +1 844 312 4979 to learn more about our range of services and receive bespoke immigration advice.
Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
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Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
Related pages for your continued reading.
Frequently Asked Questions
No, a US Green Card does not grant citizenship; it instead grants permanent settlement status.
Generally, the holder will need to have permanent settlement status for at least 5 years before being able to apply for US citizenship, or 3 years when married to a US citizen.
Yes, Green Card holders can still be deported. If the terms of the Green Card are not met (e.g. committing a serious crime like rape or murder), the Green Card may be revoked and the holder deported from the US.
This is because, while the Green Card grants permanent settlement status to the holder, this status is not unconditional.
There have been cases of ICE detaining people with Green Cards, yes. However, before someone with a Green Card can be deported, certain legal procedures should be followed, including an immigration court case.