While it may seem like knowing your immigration status would be simple, many immigrants do not know their status. Determining immigration status in Newark is a crucial first step toward understanding your rights and obligations within the United States.
Knowing your immigration status helps you know whether you can work, whether you are eligible for public benefits, and whether you are vulnerable to deportation. Immigration status can even impact employment opportunities, access to healthcare, the ability to travel, and educational benefits. Plus, different categories of immigrants have different immigration rules. A dedicated immigration attorney could help you determine your status and help you ensure that you comply with those specific regulations.
There are several different types of immigration statuses in Newark and the rest of the U.S., with some providing paths to citizenship.
U.S. citizens have the most secure immigration status, granting them full rights and protections under the law. Citizens can vote, work, and travel freely. Citizens are not subject to removal proceedings—deportation. Immigrants obtain citizenship through the naturalization process. Citizens do not face any immigration-related limitations, but may need to prove their status to sponsor a family member for residency.
A lawful permanent resident (LPR)—also known as a green card holder—is allowed to work and live in the United States indefinitely. It is the second most protected type of immigrant. LPRs have certain protections, but not all the same rights as citizens. The most significant distinction is that they are subject to deportation if they violate immigration laws or commit certain crimes. Green card holders can apply for citizenship after meeting residency requirements.
Temporary visa holders are people who enter the United States for a specific purpose. Common visas include the F-1 student visa, H-1B work visa, and B-2 tourist visa. People get these visas for tourism, work, or study. Visa holders can stay in the United States only for the length of time on their visa and only for those purposes. Overstaying a visa or violating the terms can lead to severe consequences, including deportation or ineligibility for future visas.
Refugees or asylees are people who have been granted protection because of a well-founded fear of persecution in their home countries. The difference is in the application process. Refugees file for protection from outside of the United States, while asylees request asylum from in the United States or at the border. They can seek LPR status a year after getting status as a refugee or asylee.
Undocumented immigrants make up a surprising number of immigrants, including people who may think that they have a different status. An undocumented immigrant is someone who either entered the country unauthorized or overstayed their visa. This group has the highest risk of deportation, is not legally able to work, and does not have access to public benefits. New Jersey offers greater protections to undocumented immigrants than many other areas, providing them with certain resources, including access to driver licenses and other identification.
DACA recipients—also known as Dreamers—are people protected under the Deferred Action for Childhood Arrivals (DACA) law. This law provides temporary protections from deportation and work authorization for specific individuals who arrived in the United States as minors and meet specific criteria. DACA is not permanent, and it does not provide a pathway to citizenship, but it does provide some protections and benefits to its recipients, such as the ability to work.
While determining your immigration status is essential, it can be an intimidating process for people. The paperwork can be confusing, and some people, particularly undocumented immigrants, may have been victims of fraud and told that they have another status. Reviewing immigration paperwork is a significant first step to determining your status, but it may not provide you with enough information.
You can consult with an immigration lawyer to help determine your immigration status in Newark. The lawyer can review your documentation, entry history, and any prior applications and history. They can file a Freedom of Information Act (FOIA) request to get any documents you may no longer have. If your status needs adjusting, the Law Office of Eric M. Mark could help you explore your options. Contact us to schedule a consultation today.
CALL US TODAY 