Comprehensive List of U.S. Immigration Statuses

Eligibility:

• Born in the U.S. or U.S. territories (Jus Soli – "right of the soil").
• Born abroad to U.S. citizen parents (Jus Sanguinis – "right of blood").
• Naturalized after holding a Green Card for a specific period.
• Citizenship through adoption by U.S. citizens.

Benefits:

• Can vote in elections.
• Eligible for all federal jobs and government benefits.
• Cannot be deported or lose status unless citizenship was fraudulently obtained.
• Can sponsor family members for permanent residence without quota restrictions.

Application Process (Naturalization - Form N-400):

1. Hold a Green Card for at least 5 years (3 years if married to a U.S. citizen).
2. Meet residency and physical presence requirements.
3. Pass an English and civics test.
4. Take the Oath of Allegiance.

Eligibility:

• Family sponsorship (spouse, parents, children, or siblings of U.S. citizens or Green Card holders).
• Employment-based sponsorship.
• Refugee or asylee adjustment.
• Diversity Visa Lottery winners.
• Special categories (e.g., Special Immigrant Juvenile, religious workers).

Benefits:

• Can live and work permanently in the U.S.
• Can sponsor certain family members for a Green Card.
• Eligible for Social Security and Medicare after a period.
• Can apply for U.S. citizenship after fulfilling residency requirements.

Application Process (Adjustment of Status - Form I-485 or Consular Processing):

1. Determine eligibility category.
2. File immigrant petition (e.g., I-130, I-140, I-526).
3. If in the U.S., file Form I-485 for Adjustment of Status.
4. If outside the U.S., attend an interview at a U.S. consulate abroad.

Common Types & Their Purposes:

B-1/B-2 Business (B-1) or Tourist (B-2) visitor.

F-1 Academic student.

J-1 Exchange visitor (e.g., au pair, research scholar).

H-1B Specialty occupation worker (requires employer sponsorship).

L-1 Intra-company transferee.

O-1 Individuals with extraordinary ability.

TN NAFTA professionals (Canada, Mexico).

E-2 Investor visa.

K-1 Fiancé(e) of a U.S. citizen.

Benefits:

• Temporary stay for business, work, study, or exchange programs.
• Some categories allow dependents to join (e.g., F-2, H-4).

Application Process:

1. Apply for the appropriate visa at a U.S. consulate.
2. Some require employer or institutional sponsorship (e.g., H-1B, L-1).
3. Enter the U.S. and maintain status per visa conditions.

Eligibility:

• Must prove a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• Refugees apply outside the U.S.; asylees apply while inside the U.S.

Benefits:

• Eligible for employment authorization.
• Can apply for a Green Card after one year.
• Can sponsor spouses and children.

Application Process:

• Refugees: Apply through U.S. Resettlement Support Centers abroad.
• Asylees: File Form I-589 within one year of arrival in the U.S.

Eligibility:

• Nationals from designated countries experiencing conflict, natural disasters, or other emergencies (e.g., Haiti, Venezuela, Ukraine).
• Must have been in the U.S. before the designation date.

Benefits:

• Work authorization.
• Protection from deportation.
• Can apply for a travel document.

Application Process (Form I-821):

1. Apply during open designation periods.
2. Provide proof of nationality and residence in the U.S.

Eligibility:

• Entered the U.S. before June 15, 2007, under the age of 16.
• Were under 31 years old as of June 15, 2012.
• Continuous residence in the U.S. since that time.

Benefits:

• Work authorization.
• Protection from deportation (renewable every two years).

Application Process (Form I-821D):

1. Show continuous residence.
2. Renew every two years (new applications currently blocked).

Eligibility:

• Granted entry for humanitarian reasons (e.g., medical emergencies, urgent business).
• Does not have a formal immigration status.

Application Process:

• Apply for Humanitarian Parole (Form I-131).

Who falls under this category?

• Entered the U.S. without inspection.
• Overstayed a visa.

Consequences:

• Subject to deportation.
• Cannot legally work.
• Some may qualify for relief (e.g., asylum, VAWA, U visa).

Eligibility:

• Marriage-based Green Cards issued for less than 2 years.
• Investor immigrants (EB-5).

Application Process (Form I-751 or I-829):

• File to remove conditions within 90 days before expiration.

• Similar to asylum but harder to obtain.
• Does not lead to a Green Card.

Eligibility:

• U Visa: Victims of crimes (e.g., domestic violence, assault) who assist law enforcement.
• T Visa: Victims of human trafficking.

Benefits:

• Work authorization.
• Path to a Green Card.

Application Process (Form I-918 for U Visa, Form I-914 for T Visa):

1. Obtain law enforcement certification.
2. File a petition.

Eligibility:

• Special Immigrant Juvenile (SIJ).
• Religious workers.
• Afghan/Iraqi translators.
• U.S. government employees abroad.

Application Process:

• File Form I-360.

Temporary protection from removal at the President’s discretion.

Individuals under a final removal order but not currently deported.

Includes:

• Green Card applicants (Form I-485).
• Asylum applicants (Form I-589).
• DACA renewals.
• TPS applicants.