Breaking Down the Different Types of Immigration Status

Immigration is a legal discipline that is as tricky as it can be contentious (particularly in the current climate). Because there are various national, global, and supranational treaties that govern the topic, it can be challenging to pin down all the disparate points involved. However, for the sake of clarity and brevity, this post will focus on the immigration system of the USA and break down the various types and what they might mean to those applying for them. While this post won’t be totally exhaustive, it will provide a basic understanding so that anyone seeking entry into the US is fully aware of what to expect and which route of entry might work best for their circumstances.

Permanent Immigration Status

For those applying to become citizens or residents of a country, permanent immigration status is typically the holy grail that they’re hoping to achieve. Obviously, this will depend on why they’re coming here. For instance, someone with a work visa might not necessarily have an aim to become a permanent citizen. Nevertheless, for most people, this will be the primary objective. When it comes to Immigration law, based on this, things can become really complex. But as long as you meet all of the prerequisites and dedicate yourself to living in-country for a specified amount of time, you should be able to move through the various processes with relative ease. When it comes to permanent status, there are two distinct options, with full citizenship first requiring you to become a resident.

Lawful Permanent Resident

In the USA, this is often referred to colloquially as having a green card. This is because the card you received was green in color between 1950 and 1964. While the design may have changed, the idea behind it hasn’t. Just like many other nations, you first gain residency before you’re entitled to apply for full citizenship. Residency entitles you to a significant number of benefits, most notably the right to live and work in the country without the need to keep reapplying for a visa.

Citizen

Becoming a full citizen is slightly more complex than gaining a green card, but certainly not an insurmountable task. As long as you have a stellar reputation and have proven that you contribute positively to society, you are able, in most cases, to apply and become a citizen. The primary difference is that you now gain the right to vote, can apply for a passport, and, at least in the USA, should be eligible to run for political office if you so desire. For all intents and purposes, you are now in the exact same status as a naturally born citizen. The only difference is that you might be able to retain your previous citizenship as a dual citizen, although some countries don’t allow this, so you will need to research this matter further if that might be an issue.

Temporary Immigration Status (Non-Immigrant Status)

Outside of full citizenship, there are various other ways to enter and stay in the country legally, from a standard tourist visa to applying to study at a university. These include the following:

• Visitor: This is your run-of-the-mill tourist visa where you are applying to visit the country for either a vacation or to see family (for example, if you’re married to a US citizen but are not one yourself and live outside the country). You will be limited to a limited amount of time and be unable to work.
• Student: If you plan on coming to the US to study, you will need to apply for a student visa. This visa allows you to enter and live in the country according to the length of your course. While you might be entitled to apply for part-time work to cover your living costs, in most cases, you are prohibited from working and must prove that you’re able to support yourself throughout your time here.
• Work: This category includes individuals who are authorized to work in a specific job for a certain period of time. These can be further categorized based on their skill level and type of work (e.g., skilled workers, temporary workers, specialty occupations).
• Exchange: These visitor programs are designed to allow those enrolled in specialized exchange programs to visit the country and gain an understanding and appreciation for a different way of life.

Other Immigration Statuses

Due to recent events, the most common thought that arises in many people’s minds when they hear the word immigration is often linked to negative connotations. However, many immigration laws have been set in stone for decades and resulted from numerous global events (many from the aftermath of World War II). 

Refugee

The USA has a complicated relationship with refugees and the somewhat associated asylum status, as we will cover in the next point. Nevertheless, the USA still has a responsibility to help those who are in fear of their lives due to persecution of some description. This could be due to their race, political beliefs, gender, or almost anything else that may cause them to lose their lives if they are unable to escape from their home country. It can be challenging to apply, which is why many will choose the alternative: applying for asylum once they make it to the country. 

Asylum

Asylum is somewhat similar to refugee status, except that people apply once they’re inside the country. Because it can be so tricky to become a refugee (be it due to war, repression, or general bureaucracy), many people facing persecution will tend to find ways to enter the country illegally and then apply for asylum. If they do meet the requirements to apply, they will more often than not be granted asylum. Asylees in the US can work, apply for a Social Security card, request permission to travel overseas, and petition to bring family members to the US while also being protected from deportation and having the opportunity to become permanent residents and eventually citizens. However, they can be deported if they fail to meet the requirements for this status or if they commit a crime while in the country. 

As you can see, there are plenty of different ways to immigrate to the USA, varying from legal to those for reasons of persecution. The ways to apply and what rights you’re entitled to will vary based on the status you are granted.