The Immigration & Nationality Act of 1952 (INA) is the starting point for current U.S. immigration law. Congress has passed a large number of immigration acts since 1952, but all of these acts – no matter how comprehensively they have altered pre-existing law – have been amendments to the INA. Several federal government agencies are empowered to enforce and administer aspects of the immigration laws, including the U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), the Department of Labor and U.S. Consulates abroad (Department of State).

All persons physically present in the U.S. have an immigration status. Immigration status is a critical factor in determining the many of the rights and restrictions of an individual in the United States, including rights related to employment, education, voting, government benefits and freedom from removal. To understand the field of immigration, it is important to understand the major types of status conferred by the immigration laws of the U.S.

There are four (4) Major Immigration Status/ Visa Categories:
1. Citizens
2. Immigrant Visas – lawful permanent residents (green card holders)
3. Non-Immigrant Visas – temporary visitors (work, student, visitor, etc.)
4. Asylees and other special groups – Asylum, refugee, and TPS status holders
5. Undocumented immigrants

U.S. Citizens/Nationals
The status of the vast majority of people living in the U.S. is that of U.S. citizen. U.S. citizenship is acquired at birth by all persons born in the U.S. Persons born outside the U.S. to one or two U.S. citizen parents can also acquire citizenship at birth. In addition, under specific circumstances, legal permanent residents may apply for U.S. citizenship through the process of naturalization. All individuals who are not U.S. citizens are foreign nationals or “aliens.”

Immigrant/Permanent Resident
A permanent resident is also known as an immigrant. The document evidencing immigrant – or permanent resident – status is called an Alien Registration Receipt Card or a green card. Permanent resident status permits a foreign national to remain permanently in the U.S. and maintain his/her own citizenship. Permanent residence can be conditional and it can be affirmatively or inadvertently abandoned by the foreign national resident or revoked by U.S. authorities. There are four (4) basic categories of immigrant visas:
1. Family sponsored immigrants
2. Employment based immigrants
3. Diversity immigrants
4. Refugees and Asylees

For more information on Permanent Residency, visit Permanent Visas.

Non-immigrant
A non-immigrant is a foreign national who has been admitted into the U.S. temporarily for a specific purpose, i.e. to study, to visit, to work in a particular job, etc. Often a non-immigrant is expected to depart the U.S. after a temporary stay, although this is not always a requirement. Most non-immigrants are admitted into the United States for a specific period of time.

For more information on Non-Immigrant Visas, visit Temporary Visas.

Asylees and other special groups
An asylee is an individual who has been granted political asylum. Typically, an asylee can apply for permanent resident status one year after the grant of political asylum.

Temporary Resident Status is held by individuals who applied for the legalization or “amnesty” program, which was instituted under the Immigration Reform & Control Act of 1986. Most participants in this program have since obtained permanent resident status.

Temporary Protected Status was created by the Immigration Act of 1990 and permits persons from countries designated by the Attorney General to remain in the U.S. with work authorization during a specified period of time. Countries are designated because of armed conflict, natural disaster or other extraordinary circumstance of a temporary duration.

Undocumented immigrants
Any foreign national who violates the terms of his or her admission may be deemed to be out of status. This typically occurs when a nonimmigrant remains in the United States beyond the expiration date of her status or when a foreign national engages in employment in the United States for which she is not authorized.

An undocumented alien is an individual who has entered the U.S. illegally, without entry documentation.
 

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