For a person visiting the United States, immigration status is determined by the type of visa they were granted when he or she applied to enter the country. Compliance with the visa’s particular demands determines whether a person is “in status” or “out of status.” Nonimmigrant visa holders can apply to visit the United States only for time-specific purposes such as training, education, tourism and temporary work.
On the other hand, immigrant visa holders can come to the country and stay forever. There are explicit classifications for both immigrant and nonimmigrant visas. Each visa classification has a unique requirement and purpose that the visa holder must follow in order to remain “in status” and live in the United States legally.
Do you have an immigrant or nonimmigrant visa? If so, you should educate yourself about updates to immigration law and understand how any change can affect your status. For that reason, it is advisable to consult with an immigration attorney in New York City for guidance concerning your rights.
If you have questions about your immigration status, we recommend consulting Attorney Alice Antonovsky, Immigration Specialist.
Honest immigration advice tailored to your individual case and goals
Legal representation throughout the Tri-State Area
Immigration status through marriage, employment or student status
Attorney Alice Antonovsky for:
Marriage and Naturalization Interviews
Employment Authorization and Travel Documents
Change/Extension of Non-Immigration Status
Deportation and Removal Defense
Family-Based Immigration, Green Cards by Marriage, Visas for Fiancé of U.S. Citizens
Employment-Based Green Cards
Green Cards for Lottery Winners
All Types of Non-Immigration Work Visas
3 Things You Need to Know
About Immigration Status
Aliens admitted to the country as refugees, nonimmigrants or parolees can have their status changed to permanent residents, if they are eligible to receive a visa and one is available.
Some types of nonimmigrant visas demand registration with the Student and Exchange Visitor Information System (SEVIS).
People can be determined “out of status” due to visa violations such as overstay, unauthorized employment or criminal activity.
If you are a current visa holder and would like to change your immigration status, you can do so if the purpose of your stay is changing. For example, immigrants who entered the United States as tourists but would like to attend school can change their status.
If you are granted Temporary Protected Status (TPS), you are not eligible to apply for a green card. However, you could be a green card holder in a different situation or some other basis such as getting married to a U.S citizen.
The Deferred Action for The Obama Administration’s Childhood Arrivals program will be granted if you came to the United States before your 16th birthday without having lawful immigration status. To be eligible, you must have entered the United States without papers before June 15, 2012.