Understanding Different Immigration Statuses

Understanding Different Immigration Statuses

Understanding Different Immigration Statuses
Type: 
Blog Post

Understanding Different Immigration Statuses

Understanding the many immigration statuses in the United States is essential for building informed and inclusive communities. This glossary was created to clarify the different types of immigration status and help promote respectful and fact based conversations. It is not an exhaustive list, and some immigration statuses may be missing. The League of Women Voters of Wisconsin encourages all residents, regardless of immigration status, to stay informed, support policies that protect human rights, and advocate for fair and accessible pathways to citizenship.

Asylum Seekers/Asylees:
Individuals who have fled their home countries due to persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group apply from within the country where you’re seeking protection or at its border. If granted asylum, they can live and work in the U.S. and may eventually apply for permanent residency.
 
Conditional Permanent Resident:
This status applies to spouses and children of lawful permanent residents or U.S. citizens through marriage. It expires after two years unless a joint petition is filed, and it can be lost if the petition is not submitted or if the marriage is determined to be fraudulent.
 

DACA (Deferred Action for Childhood Arrivals):
A temporary protection from deportation for certain undocumented individuals who were brought to the U.S. as children. DACA recipients can work legally but do not have a pathway to permanent residency.

Family-Based Visa:
A family-based visa in the U.S. allows foreign nationals to immigrate based on their relationship to a U.S. citizen or lawful permanent resident (green card holder). There are two main categories:
 
  • Immediate Relatives – No annual cap; includes spouses, unmarried children under 21, and parents of U.S. citizens (the citizen must be at least 21).
  • Family Preference Categories – Subject to annual limits; includes:
    • Unmarried adult children of U.S. citizens
    • Spouses and children of permanent residents
    • Married children of U.S. citizens
    • Siblings of adult U.S. citizens

Green Card Holders (Lawful Permanent Residents):
Non-citizens who are authorized to live and work permanently in the U.S. They can eventually apply for U.S. citizenship after meeting residency and other requirements.

Naturalized Citizens:
Individuals who were born outside the U.S. but have legally obtained U.S. citizenship through the naturalization process, which includes residency, testing, and an oath of allegiance.

Refugee Status:
Refugee status is applied for outside the destination country, often through a refugee camp or another country. Applicants go through a formal resettlement process overseen by organizations like the UNHCR or national refugee programs, and if approved, they enter the country with refugee status.
 

Student Visa (F-1/M-1):
Allows foreign nationals to study in the U.S. at approved institutions. F-1 is for academic studies, while M-1 is for vocational programs. These visas have restrictions on employment.

T Visa (T Nonimmigrant Status):
This visa is designed to protect victims of severe human trafficking (sex or labor trafficking) who are present in the United States. It offers a possible path to permanent residency after three years, provided the individual cooperates with law enforcement investigations or is under 18, and allows a maximum stay of four years.
 

Tourist Visa (B-2):
Allows individuals to visit the U.S. temporarily for tourism, visiting family, or medical treatment. Employment is not permitted under this visa.

U Visa:
The U visa is available to individuals who have suffered abuse as victims of certain crimes and are willing to assist in investigations or prosecutions, with law enforcement. It allows victims and their immediate family members to live and work in the U.S. for up to four years, offers protection from deportation, and provides a path to lawful permanent resident status after three years.
 

Worker Visa (e.g., H-1B, L-1, O-1):
Permits foreign nationals to work in the U.S. temporarily under specific job categories. Most require employer sponsorship and are limited in duration.

More Information:
Nonimmigrant Visas (Alphabetically) [Click here for more information]

 

 

League to which this content belongs: 
Wisconsin