Understanding U.S. Immigration Statuses

U.S. CITIZENSHIP

Citizenship is awarded to anyone born in the United States, to children of U.S. citizen parents in some cases, and to green card holders who complete the naturalization process. U.S. citizens…

• Can stay in the U.S. for life (cannot be deported)
• Can work in any job in the U.S.
• Can travel abroad as often as desired
• Are eligible for a full range of public benefits 
  

LAWFUL PERMANENT RESIDENCE (GREEN CARD)

Green cards confer legal permanent residency. Green card holders…

• Can stay in the U.S. indefinitely, but can be deported for certain crimes and infractions
• Can work in the U.S., but cannot hold certain public offices
• Can travel outside the U.S., but face restrictions in how long they can remain abroad
• Are eligible for some, but not all, public benefits

The most common pathways to obtain a green card include…

• Family-based: to certain close relatives of U.S. citizens or green card holders
• Employment-based: to employees working at companies willing to sponsor them
• Humanitarian: to certain victims of trafficking, domestic violence, child abuse/neglect, and other serious crimes, and to those who would be persecuted if they returned to their country of origin
• Diversity lottery: to winners of the green card lottery (less than 1% odds). Only those from countries with recently low rates of immigration to the U.S. are allowed to enter this lottery.

NOTE: Wait times for green cards vary significantly, in some cases up to 25 years. Those who have spent time in the U.S. undocumented, have certain criminal conviction, have provided false information to an immigration official, or who have committed other infractions may not be eligible to access some of these pathways.

NONIMMIGRANT STATUSES

Nonimmigrant visas allow people to come to the U.S. temporarily for a specific purpose. Restrictions vary depending on the type of status. For example…

• Tourist visas allow people to visit the U.S. for a short period of time, typically up to 6 months. They cannot work and are not eligible for public benefits.
• Student visas allow people to study at a school, university, or vocational or language program for the duration of the program. They generally cannot work and are not eligible for public benefits.
• Work visas allow people to work at one specific job for a specified period of time, generally under 3 years. They cannot change employers and are not eligible for public benefits.

NOTE: Nonimmigrants lose their legal status if they violate their visa’s terms (e.g. work as a tourist or drop out of school as a student) or if they overstay the period of time allowed on their visas.

PAROLE

The U.S. has allowed citizens of certain countries to enter on 2-year parole status. Some require a U.S. financial sponsor. Parole does not provide a pathway to a green card. Parolees…

• Can stay in the U.S., but only during this two-year parole period
• Can work in the U.S., but only during this two-year parole period
• Can sometimes travel abroad if they get special permission (details vary by country of origin)
• Are eligible for some, but not all, public benefits

TEMPORARY PROTECTED STATUS (TPS)

TPS is granted to people already present in the United States at a time when the U.S. government deems their country of origin temporarily unsafe for return. People from these countries who arrive after the date of TPS designation are not eligible. For the current list of countries and more information on TPS, click here.

People with TPS…

• Can stay in the U.S., but only until their country of origin is deemed safe by the U.S. government
• Can work in the U.S., but must apply to renew their work permits every few years
• Can travel abroad, but need special permission, and there is no guarantee of reentry
• Are not eligible for public benefits

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Certain young people who were brought to the U.S. as children before June 15, 2007 have historically qualified to apply for DACA once they turn 15 years old. Currently, DACA recipients…

• Can stay in the U.S., but DACA does NOT confer legal immigration status. It only confers protection from deportation, and recipients must apply to renew their DACA status every two years.
• Can work in the U.S., but must apply to renew their work permits every two years
• Can travel abroad, but need special permission, and there is no guarantee of reentry
• Are not eligible for public benefits

NO STATUS (UNDOCUMENTED)

People become undocumented either by crossing a border without inspection or by overstaying a temporary visa. People who are undocumented…

• Are not legally allowed to stay or work in the United States
• Cannot travel abroad. If someone undocumented steps foot outside the United States, that person may be barred from reentering the country through any legal channel for 10+ years.
• Are not eligible for public benefits