With all the changes in immigration law, it may be confusing as to your current status or how it may be changing. Knowing how to renew or change your status is important, as is being aware of how you could jeopardize your standing. Immigration classifications all carry with them different requirements, restrictions and rights.
If you have any questions whatsoever about your current status and if you are in any danger of losing it – call an immigration attorney immediately. In the meantime, here are some very basic explanations of immigration classifications.
Naturalized Citizen: To become a naturalized U.S. citizen, an individual must be at least 18 years of age; be a lawful permanent resident, live in the country continuously for 5 years, be of good moral character; and support the United States Constitution.
Lawful Permanent Resident: Lawful permanent resident (LPR) status permits an individual to live and work permanently in the United States. LPRs are also classified as green card holders. To qualify for LPR designation, the applicant must prove an intention to live permanently in the U.S and meet the criteria for admissibility. LPRs may include:
- Family-based visas: Eligible individuals include unmarried sons or daughters of citizens; spouses and children of LPRs; unmarried sons or daughters (not a child) of LPRs; married sons or daughters of citizens; brothers or sisters of citizens.
- Employment-based visas: “Priority workers” refers to individuals who exhibit extraordinary ability, professors or researchers, or multinational executives; skilled workers, professionals, or other workers who perform jobs for which qualified workers are not available in the U.S.
- Diversity-based visas: as determined by the Attorney General.
Conditional Permanent Resident: Conditional permanent residents include spouses and children who applied for lawful permanent resident status based on a qualifying marriage to a LPR or a citizen. The conditional status expires on the second anniversary of obtaining conditional status. (Individuals may apply for lawful permanent resident status prior to the two year expiration.) A loss of conditional permanent resident status can occur for a variety of reasons, including failure to file a petition to remove the conditional status prior to the two-year expiration period, failure to appear for the required interview, adjudication and denial of the joint petition, the marriage is proven to be fraudulent, the marriage is dissolved.
Special Immigrant Juvenile: An individual under the age of 21 may apply for Special Immigrant Juvenile status if he or she is dependent on the court or placed in the custody of an agency or department of a state; cannot be reunified with one or both parents due to abuse, neglect, or abandonment; there is an administrative or judicial finding that it would not be in the best interest of the juvenile to be returned to the juvenile’s country of origin or last residence.
Refugee/Asylee: An individual may qualify if they have a well-founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion if returned to the home country or country of last permanent residence. The asylee cannot be a security risk or have a criminal record. Once admitted, the individual is typically allowed to stay in the U.S. until able to safely return to the home country or move to another country.
Non-Immigrant Temporary Visas: There are a variety of instances that allow eligible aliens to legally enter the United States on a temporary basis for a limited period of time. These may include vacationers, students and certain temporary employees.
As stated, these immigration classifications are very broad, and each has a myriad of additional terms and caveats. Call Probinsky & Cole if you have any questions regarding your status, or if you are eligible to change your status or become a permanent resident or naturalized citizen. We’re here to help.
