Immigration Statuses Demystified
Immigration statuses can be confusing.
This resource explains various statuses in simple terms. If the information you are seeking isn’t listed yet please contact us, and we will update the site.
Visitor Visa: Usually, if you want to visit (and not live in) the United States, you need to get a special paper called a visitor visa first. But some people from certain countries don't need this paper. When you arrive in the U.S., the officers at the entry point will give you a stamped paper called Form I-94, Record of Arrival-Departure, if they say it's okay for you to come in. If you want to stay longer than what is written on that paper, you can ask to stay more time by filling out another paper called Form I-539, Application to Extend/Change Nonimmigrant Status, and giving it to USCIS.
Exchange Visitors or J1: The J-1 group (people who visit for a special program) is for those who want to teach, study, learn new skills, or do research in the United States. The Department of State gives permission to certain groups to be sponsors and help these visitors. These programs want to share knowledge and skills in education, arts, and science.
Some examples of J-1 visitors are professors, researchers, students, trainees, teachers, specialists, au pairs (people who help with childcare), and camp counselors.
Not everyone comes to work, but if they do, it's only allowed as part of the special program. Check with the group that sponsors you to know if there are any rules about working in the United States.
B-1 TEMPORARY BUSINESS VISITOR: You might be able to get a special paper called a B-1 visa if you are doing business stuff in the United States. This includes things like talking with business friends, going to a science or business meeting, or training for a short time. You can also use this visa if you're just passing through the U.S. or if you're an air crew member. You can stay for 1 to 6 months at first, but you can ask to stay longer, up to a total of 1 year.
Humanitarian Status
ASYLUM
Asylum is a special kind of help for people who:
Are like refugees and can't go back to their own country because it's too dangerous.
Are already in the United States.
Are trying to come into the United States at a special entry place.
You can ask for asylum in the United States no matter where you're from or if you're here legally or not.
HUMANITARIAN PAROLE
The government is helping people from Cuba, Haiti, Nicaragua, and Venezuela, and their families, to come to the United States in a safe way. If they don't have the right papers to enter the U.S., they might still be allowed to come for up to two years if there's a good reason, like if they really need help.
To do this, they need someone in the United States to support them. This person has to agree to help them with money while they're in the U.S. First, the supporter has to fill out a form online to say they'll help financially. Then, the government will check if the supporter can really help. If everything is okay, they might be allowed to come to the United States for a while.
REFUGEES
Refugee status is when the United States helps people who can't go back to their own country because they might get hurt. These people are called refugees. They're afraid of bad things happening if they go back home.
Temporary Protected Status or TPS
Sometimes, the Department of Homeland Security picks a country and says people from there can stay in the United States for a while. This happens when bad things are going on in that country, like a war or a big natural disaster. If you're from that country and you're already in the United States, you might be able to stay here too. Even if you don't have a country to call your own, but you lived in that country before, you might also get to stay in the United States for a bit.
When the the Department of Homeland Security picks a country for this special help, it's because things there are really tough right now. It could be because of a big fight, like a war, or a big problem with nature, like a bad storm or sickness. During this time, people who get this help:
Can't be sent out of the United States.
Can get permission to work.
Might be allowed to travel.
Once you get this special help, the Department of Homeland Security can't lock you up just because you're not from here.
This help is only for a little while and it doesn't give you a green card or any other special permission to live here forever. But, even if you get this help, you can still try to get other kinds of help to stay here longer, like getting a special visa or asking to be a permanent resident.
Student Visas
If you want to study in the United States all the time, you usually need a special visa. There are two kinds, called F and M visas.
To get an F-1 or M-1 visa, you need to:
Be studying in a school or program that's approved.
Be studying full-time.
Be good at English or be learning it.
Have enough money to pay for your studies and living.
Plan to go back to your home country after you finish studying.
The F-1 Visa is for students who want to study full-time at a school or program in the United States. This could be a college, university, or even a high school. You have to be studying for a degree, diploma, or certificate, and your school needs to be approved by the U.S. government.
The M-1 Visa is for students in vocational or job training programs. This means you're learning a skill or trade, like fixing cars or hairdressing, instead of going to a regular school.
