A Simple Explanation of Lawful Status, Authorized Stay, and Unlawful Presence
Murthy Law Firm
murthy.comSummary
A person living in the United States on a visa may hear terms such as “out of status,” “authorized stay,” and “unlawful presence.” Although these phrases can sound similar, they have distinct legal meanings. Understanding the difference can be important, because it may affect whether a person can continue pursuing immigration benefits or face serious immigration consequences. A person generally is in lawful status when two conditions are met: (1) the individual has a valid, unexpired I-94 showing the visa category and period of admission, (2) and the individual is complying with the rules of that category. For example, someone in H-1B work visa status must work for the petitioning employer during the I-94 validity period, while someone in H-4 dependent visa status generally may not work without separate employment authorization. If a person stops following the rules tied to that visa category, that person typically is considered out of status. Citizenship and Immigration Services (USCIS (U.S. immigration agency)) before the I-94 expires. Another example is when an adjustment of status application (form Form I-485 (green card application)) is pending. It generally begins to accrue when a person remains in the U.S. beyond the authorized period with no other immigration process pending, when a pending application is denied, or when an immigration judge determines that a status violation has occurred. In some cases, even a single day of unlawful presence can affect the visa that was used for entry, or the individual’s ability to pursue certain adjustment-of-status options. Even if unlawful presence is not yet accruing, the person still may face removal proceedings or lose future immigration options.
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A person living in the United States on a visa may hear terms such as “out of status,” “authorized stay,” and “unlawful presence.” Although these phrases can sound similar, they have distinct legal meanings. Understanding the difference can be important, because it may affect whether a person can continue pursuing immigration benefits or face serious immigration consequences. Lawful Status: Following the Rules During your Stay A person generally is in lawful status when two conditions are met: (1) the individual has a valid, unexpired I-94 showing the visa category and period of admission, (2) and the individual is complying with the rules of that category. For example, someone in H1B status must work for the petitioning employer during the I-94 validity period, while someone in H-4 status generally may not work without separate employment authorization. If a person stops following the rules tied to that visa category, that person typically is considered out of status. Period of Author
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