What is the Difference Between Lawful Presence and Lawful Status?
Regular changes to immigration law confuse many of our clients. Sometimes terminology is also confusing, leading some noncitizens to overstay their visas or otherwise remain in the country without legal permission. The concepts of “lawful presence” and “lawful status” are significant in immigration law. Contact The Law Office of Jason M. Sullivan, PLLC, to discuss any immigration-related issue you have. Our comprehensive strategic immigration planning gives foreign nationals an edge as they seek to move to the U.S. for work, marriage, or other reasons.
Lawful Status v. Lawful Presence
A person’s “lawful status” refers to the classification under immigration law which authorizes them to be present in the United States. Common examples of lawful status include:
- H-1B for specialty occupations
- F-1 for those studying as students in the U.S.
- L-1A Intracompany transferee
- B-1 or B-2 for non-immigrant visitors
You should check your I-94 form to determine your lawful immigration status. If you have lawful status, then you have specific rights and duties based on your classification. A common example is whether you have the right to work in the U.S. Not all individuals with lawful status are given that right.
“Lawful presence” is a broader category than lawful status. Lawful presence is essentially authorized stay. The government allows you to be legally in the United States. Some people have lawful presence even if they are out of lawful status. A common situation is a person applying for adjustment of status while being allowed to remain in the U.S. Individuals granted “deferred action” (such as DACA recipients) also have lawful presence even if they do not have a lawful status.
Having unlawful presence is a serious matter. You could face deportation and other bars which will make it challenging to ever return to the U.S. legally.
Why These Concepts Matter
Someone in the U.S. without lawful presence can face bars if they accrue sufficient unlawful presence in the U.S. A five- or 10-year bar will prevent you from obtaining a green card or re-entering the U.S. legally.
As an experienced immigration law firm, we help clients identify the correct lawful status to seek if they seek to work or live with family. Our firm can strategize to determine which category works best and whether you qualify. Each category has its own requirements.
If you have unlawful presence, then you might not obtain an immigration benefit. It certainly will be a challenge. Our firm can identify whether you should request a waiver to any bar to admissibility, or whether it’s in your best interest to return to your home country.
Schedule a Consultation Today
Immigration law is enormously complex. The right lawyer is one who can stay abreast of all recent changes and work and identify current challenges and immigration solutions. Call The Law Office of Jason M. Sullivan to talk with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer. Our firm can help anyone with prior immigration violations or unlawful presence determine the best path forward to realizing their immigration dreams.
Source:
aila.org/library/think-immigration-lawful-presence-vs-lawful-status-what-s-the-difference