Immigration status is a person's legal standing in the United States, which determines their rights, privileges, and obligations while in the country. There are several types of immigration status, including U.S. citizenship, lawful permanent residence, nonimmigrant visas, refugee or asylee status, temporary protected status, and DACA. Understanding your immigration status is crucial for navigating the U.S. immigration system, accessing benefits and services, and making informed decisions about your future.
Definition, Requirements, and Determining Immigration Status
Immigration status refers to a person's legal standing in the United States, which is determined by the type of visa or documentation they hold. It governs their ability to live, work, study, and access benefits in the country, as well as their obligations to comply with specific requirements.
Requirements for Each Immigration Status
Each immigration status has its own set of requirements:
1. U.S. Citizenship: Acquired through birth in the United States, birth abroad to U.S. citizen parents, or naturalization.
2. Lawful Permanent Resident (LPR): Obtained through family sponsorship, employment, diversity lottery, or refugee/asylee status. Requires maintaining continuous residence and good moral character.
3. Nonimmigrant Visa Holders: Must be admitted for a specific purpose and duration, and comply with visa terms.
4. Refugees and Asylees: Must demonstrate a well-founded fear of persecution and undergo background checks.
5. Temporary Protected Status (TPS): Must be a national of a designated country and meet continuous residence and physical presence requirements.
6. Deferred Action for Childhood Arrivals (DACA): Must meet age, educational, and continuous residence requirements, and have no significant criminal history.
Determining Immigration Status
To determine your immigration status:
1. Review your immigration documents
2. Check your I-94 record
3. Consult with an immigration lawyer if needed
Legal Process for a Lawyer Representing a Client in Determining Immigration Status
When representing a client in determining their immigration status, a lawyer typically follows these steps:
1. Initial consultation: The lawyer meets with the client to gather information about their immigration history, current situation, and goals.
2. Document review: The lawyer examines the client's immigration documents, such as passports, visas, I-94 records, and any official correspondence with USCIS.
3. Legal research: The lawyer researches the relevant immigration laws, regulations, and policies that apply to the client's case.
4. Status determination: Based on the information gathered and legal research, the lawyer determines the client's current immigration status and any potential issues or complications.
5. Advising the client: The lawyer explains the client's immigration status, the implications for their rights and obligations, and any options for maintaining or changing their status.
6. Developing a strategy: If the client wishes to change or adjust their status, the lawyer works with them to develop a strategy and timeline for achieving their goals.
7. Preparing and filing applications: The lawyer assists the client in preparing and filing any necessary applications or petitions with USCIS, such as for status renewal, adjustment of status, or naturalization.
8. Representing the client: If any issues or complications arise during the process, the lawyer represents the client in communications with USCIS or in immigration court proceedings.
Throughout the process, the lawyer maintains clear communication with the client, keeping them informed of developments and advising them on the best course of action based on their individual circumstances and goals.
