There are a lot of different terms used in immigration law. If you are a recent immigrant or are looking to come to the United States, it is important to understand the immigration status designations utilized by the U.S. Customs and Immigration Service. Here is a brief rundown of some of the most common terms you are likely to hear.
Immigration Status Designations
- Alien: Any person not a citizen or national of the United States.
- Asylee: An alien either within the United States or detained at a port of entry who is found to be unable or unwilling to return to his or her country because of persecution or a well-founded fear of persecution.
- Eligible Immigrant: An immigrant who is eligible for public health benefits.
- Immigrant: Any alien in the United States, except one legally admitted under specific nonimmigrant categories.
- Lawful Permanent Resident: An alien admitted to the United States as a lawful permanent resident, and is legally given the privilege of residing permanently in the United States. Types of lawful permanent residents include Permanent Resident Alien, Permanent Resident, Resident Alien, Resident Alien Permit Holder, and Green Card Holder.
- Legal Alien / Illegal Alien: These are not official terms used by the U.S. Citizenship and Immigration Service. The term “illegal alien” has no legal definition but is widely used to define undocumented individuals.
- Native-Born Citizen: Any person born in the United States or born abroad as children of U.S. citizens.
- Naturalized Citizen: Any lawful permanent resident may become a citizen through the naturalization process. Typically, they must be in the United States for five or more years to qualify for naturalization.
- Nonimmigrant: An alien who requests temporary entry to the United States for a specific purpose. In most cases, the alien must have a permanent residence abroad and qualify for the nonimmigrant classification they are seeking.
- Parolee: An alien otherwise inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.
- Qualified Immigrant: A Legal Permanent Resident, refugee, or alien who is paroled to the United States for at least one year; they may also be granted asylum.
- Sponsor: A person, typically a relative, who supports an immigrant’s entry into the U.S.
- Returning Resident: Any Lawful Permanent Resident who is returning to the United States after leaving for a period of time. If they were outside of the U.S. for more than 180 days, the “returning resident” must apply for readmission to the U.S.
- Refugee: A person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution.
- Special Immigrant: A person who qualifies for a Green Card (permanent residence) under the USCIS special immigrant program. Special immigrants may include religious workers, international organization employees, broadcasters, or juvenile court dependents, among others.
- Undocumented Individual: According to a 2004 Government Accountability Office (GAO) report, an “undocumented alien” is a person who enters the U.S. without legal permission or fails to leave the U.S. when their permissible time ends.
- Unqualified Immigrant: An individual who is an illegal immigrant, non-immigrant, short-term parolee, or asylum applicant and is therefore ineligible for federal assistance; except for emergency medical and disaster relief.This list of immigration status designations is by no means comprehensive, nor does it explain fully the qualifications for each status. If you are in the Sarasota or Tampa area and have questions or concerns as to your legal status, do not hesitate to call the immigration attorneys of Probinsky & Cole. We are here to help.
