TYPES OF IMMIGRATION STATUS

An immigration status is the legal status conferred on an alien or foreigner by a country's immigration law. It describes the process in which an immigrant awaits the completion of their application for residency to their chosen country. Often, as a result of bureaucracy and complexities in the immigration law itself, not only in the US but in other countries as well, there are forms of immigration status that a potential immigrant can hold.

The forms of immigration status that you can hold are the following:

- Application for citizenship and naturalization.

- Form for authorization by employer (immigration sponsorship by employer).

- Asylum form (if you need to live within the USA as a protected refugee).

- Application for family-based immigration (immigration sponsorship by family member).

- Status adjustment form (if you want a document proving change of status).

- Application for immigration through adoption.

- Replacement form (if your current immigration documents have been lost or stolen).

In Progress

The first level of immigration status that you will encounter, followed by either an acceptance or rejection of your application. The immigration process itself can take a while to complete with a long waiting period to boot with the immigrant having no idea what their legal status is.

Many immigrants who find themselves in the situation of not knowing what their legal status is can do so by going online at the USCIS website "check my status" search page by entering their 13-character receipt number. They can do this through email by creating an account an the USCIS My Case Status page and sign up for automatic case status updates.

Another option would be to sign up to receive text messages on your mobile notifying you of a case status update. Of course you can also go by the traditional modes of phone or post by either calling the National Customer Service Center at 1-800-375-5283 and following the voice prompts. Remember to have your application receipt number ready.

Inquiring by post would be an immigrant's last resort particularly if they have no access to a phone or internet. While it is the most reliable form of checking their status, it is also the slowest.

Important Stages

Perhaps the most nerve-wracking part of an immigration application is during the in-progress stage where you are uncertain whether or not your application will be approved or rejected. This is also a time when changes to the immigration law may be taking place i.e. the country you are applying residency status at may decide to impose restrictions on immigration applications, thus affecting your legal status.

Maintaining Your Status Within The Country

It’s important for immigrants, students and visitors to understand the concept of immigration status and the consequences of violating that status. Being aware of the requirements and possible consequences will make it more likely that you can avoid problems with maintaining your status.

Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered "out of status".

Failure to maintain status can result in arrest, and violators may be required to leave the United States. Violation of status also can affect the prospect of readmission to the United States for a period of time. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

Watch Out For Expiry Dates

Many individuals fail to understand the the difference between the visa expiration date and the length of time you have permission to remain in the United States as these are very different terms.

The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration dates is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the U.S. Depending on your nationality, visas can be issued from a single entry to multiple/unlimited entries. Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.

Getting Help

If you are having trouble understanding the conditions for applying for a Visa and the rules contained therein, don't hesitate to ask for help -- whether it be just a question you need answered or legal advice. Immigration are complicated enough without the applicant being able to understand all that they need to know so if you have even the slightest doubt about something on your application or on your Visa it is better to have it cleared or clarified immediately or suffer the consequences.

 


 

 

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