What Are the Basic Kinds of Immigration Statuses?

How Many Immigration Statuses Are There?

The four kinds of immigration, meaning the four different immigration statuses, are citizen status, resident status, non-immigrant status, and undocumented status. If you’re seeking a visa or green card or facing any immigration issues, a Chicago immigration attorney can help.

If you keep reading, you will learn some details about each of the four immigration statuses, and you will also learn how a Chicago immigration lawyer will help you obtain a visa or green card or help you resolve a dispute with the immigration authorities.

What Is a US “Citizen”?

A citizen is a person who has full rights and freedoms as protected by our US legal system in all states.  

An immigrant may become a United States citizen through the legal naturalization process, where an immigrant must satisfy several criteria before he or she may become a United States citizen. The requirements for becoming a U.S. citizen through the naturalization process are:

1. You must be 18 years old or older to apply for citizenship
2. You must have been a green card holder for the past three years or the past five years
3. In that three or five years, you must have had continual residence and presence in the U.S.
4. You must have the ability to speak, read, and write basic English
5. You must demonstrate a good moral character
6. You must have an understanding and knowledge of the U.S. government and history
7. You must demonstrate loyalty to the principles of the United States Constitution
8. You must take an Oath of Allegiance

It is against the law to claim falsely to be a United States citizen on an I-9 employment form or for the purpose of obtaining a loan, public assistance, housing, a passport, or for any other reason. It’s much better to get the legal immigration help that you genuinely need.

If you have been a green card holder – that is, a lawful permanent resident – and you’re ready to become a United States citizen, an immigration attorney can provide you with personalized advice and guide you through the naturalization process.

What Is “Resident” Status?

A lawful permanent resident – “a green card holder” – is a foreign national who has been approved to work and live in this nation but is not a U.S. citizen. There are various paths to becoming a lawful permanent resident, which is a prerequisite for naturalized citizenship.

Most green card holders, for example, are sponsored by relatives who are U.S. citizens or Permanent Residents (US citizens can petition spouses, parents, children and siblings to come to the US, permanent residents can petition spouses and unmarried children). Others may qualify through asylum, refugee status, VAWA, U-visas and other means.

Green card applicants must complete an application form, pay a fee, and submit to medical exams and a biometrics procedure. If you’re seeking to become a lawful permanent resident in the U.S., you’ll need the services and advice that an immigration lawyer can provide.

Your lawyer can determine if you qualify for a green card, help you with the paperwork, and help you avoid any misunderstandings or mistakes that could delay your green card or cause your application to be rejected.

What Is “Non-Immigrant” Status?

Non-immigrant visas are approved for foreign nationals who seek to enter the U.S. temporarily for business, tourism, medical treatment, or certain kinds of work. A non-immigrant must carry a non-immigrant visa that proves his or her status and legal right to be temporarily in the U.S.

Foreign nationals may need specific documents and authorizations before they apply for some nonimmigrant visas, but having a visa does not necessarily guarantee entry into the U.S.

A visa verifies that a consular officer at a U.S. consulate or embassy has found that the foreign national is eligible to enter the U.S., but a Customs and Border Protection officer at the port of entry makes the final determination regarding someone’s eligibility to enter the United States.

Are Visas Always Required for Foreign Nationals?

The United States allows citizens of some nations to enter the U.S. without a visa. The Visa Waiver Program (VWP) allows those from designated nations to apply to enter the United States for up to ninety days for tourism or business without first acquiring a nonimmigrant visa.

VWP visitors may not apply for another immigration status while they are in the U.S. or remain longer than ninety days in the United States.

What Is “Undocumented” Status?

The remaining immigration status is the undocumented status. Undocumented immigrants enter the U.S. without adhering to the immigration laws. There may not be a record of their entry into the U.S., and they don’t have any documents to prove that they are legally in the United States.

Not everyone whose status is undocumented “sneaked” into the United States. Many entered legally as tourists, students, or temporary workers, and they then failed to leave the U.S. when their non-immigrant visas expired. Undocumented immigrants in the U.S. may be deported.

What Is Temporary Protected Status?

However, some of those with an undocumented status may not know that they may have a right to stay in the United States based on a claim for Temporary Protected Status (TPS). If you came to the U.S. because of violence or persecution in your home country, you may qualify for TPS.

Temporary Protected Status allows someone to remain in the United States for six to eighteen months – and longer if conditions in the home nation warrant – and to apply for an employment authorization document (a work permit).

Immigrants who do not have any documentation may confidentially consult a California immigration attorney for a complete and personalized explanation of their rights and to determine if they qualify for Temporary Protected Status.

What Else Should You Know?

If you find the immigration laws confusing, you’re not alone. If you’re an investor who seeks to live and invest in the U.S., good investment prospects are abundant throughout the country, and the advice and services that a California immigration attorney can offer you are invaluable.

If you’re an employer, and if you are trying to bring foreign nationals to work for your business in the United States, an immigration lawyer can explain what steps you will need to take and will help you take those steps.

If you’re a U.S. citizen trying to bring a loved one into the United States, or if you’re dealing with any legal issue related to immigration, an immigration attorney in Chicago can offer you the legal services, insights, and advice that you will need. Call Gilliam Law at 866-511-3422 today.