Immigration status overview

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Massachusetts Law Reform Institute
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There are many different types of permissions to live and work in the United States. Based on your situation, immigration officers give you a document showing the type of permission or immigration status you have.

The document that the officers give you may be a certificate of citizenship, a green card, a visa, or a stamp in your passport. Each type of permission has different rules. Your “immigration status” is the type of permission granted to you.

Here are some of the types of status you may have if you were born in another country:

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How can I know if I am a U.S. citizen?

Sometimes a child, teenager or young adult does not realize they have become a U.S. citizen. A person can become a U.S. citizen in any of the following ways:

  • By being born in the United States, 
  • By having a parent who is a U.S. citizen at the time of a person’s birth in another country,
  • By being adopted by a U.S. citizen (under certain circumstances), 
  • By having a parent who becomes a U.S. citizen before the person turns 18 years of age, 
  • By applying to become a citizen.

Follow the questions below to double check your citizenship. If you are still unsure, ask an immigration lawyer.  

Were you born in the United States, Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands?

  • Yes. You are a U.S. citizen.
  • No, I was born in a foreign country but when I was born, my mother or father was a U.S. citizen. You may have been born a U.S. citizen if your mother or father was a U.S. citizen at the time you were born. The rules of citizenship are complicated. If you think this applies to you, you should ask an immigration lawyer to find out more. If you are a U.S. citizen you can ask immigration officers for a certificate of citizenship.
  • No, I was born in a foreign country, but when I was born, my grandparents were U.S. citizens. The immigration rules are very complicated in this situation, but you may have been born a U.S. citizen so it is a good idea to ask an immigration lawyer.
  • No, I was born in a foreign country but my mother or father became a U.S. citizen after I was born. You may automatically become a citizen when you are under 18 and one of your parents becomes a U.S. citizen. The rules are complicated. If you think this applies to you, you should ask an immigration lawyer to find out more. If you did become a U.S. citizen, you can ask immigration officers for a certificate of citizenship.
  • No, and neither my mother or father are U.S. citizens and I was not born in the United States. You are probably not a U.S. citizen.
I was born in another country. How do I know my immigration status?

If you were born in another country, it is important to find out if you have permission to live in the U.S. Follow the questions below to learn more about your immigration status.

Question 1: Are your parents or grandparents U.S. citizens?

  • Yes. If your parents are U.S. citizens, there is a good chance you are a U.S. citizen even if you were not born in the U.S. If your grandparents are U.S. citizens, there is a possibility that you could be a U.S. citizen. Start by finding out if you are a U.S. citizen by talking to an immigration attorney.
  • No. Continue to Question 2.
  • I don’t know because I do not live with my parents. If you are living with a legal guardian or in foster family, your immigration status may be different than your parents. Continue to Question 2.

Question 2: Do you have a green card? Do one or both of your parents have a green card?

  • Yes. If you have a green card and you are living in the U.S., you are in the country legally as a legal permanent resident. If your parents have a green card, there is a good chance you also have a green card and are a legal permanent resident. Even if your green card has expired, you may still be a legal permanent resident. Learn more about what it means to have a green card and be a legal permanent resident.
  • No. Continue to Question 3.
  • I don’t know because I do not live with my parents. If you are living with a legal guardian or in foster care, your immigration status may be different than your parents. Continue to Question 3.

Question 3: Do your parents have permission to be in the United States?

  • Yes, my parents have 
  • Check your passport and your parent’s passports to see if you or they have a stamp or a visa from immigration officers. If there is a visa or stamp, check to see if there is an end date to the period of stay for you or your parents. If there is nothing in the passport, read through any documents that you or your parents have received from immigration since arriving in the United States. If your parents have permission to be in the U.S. that is still valid, there is a good chance you also have the same permission. Or, your parents may be able to apply for you to have the same permission.
  • No, my parents do not have any documents showing permission to be in the United States. If you were born in another country and your parents are undocumented (meaning they do not have permission to be in the U.S.), you may not have permission from immigration officers to live and work in the U.S. Talk to an immigration lawyer to find out if you are eligible to apply for a type of permission to live and work in the United States.
  • I don’t know because I do not live with my parents. If you are living with a legal guardian or in foster family, your immigration status may be different than your parents. Speak with your social worker or guardian. Check your passport. Consider whether you may be eligible for Special Immigrant Juvenile status, asylum for immigrant youth and children, Temporary Protected Status, or another kind of status. If you are still unsure, talk to an immigration lawyer.
I have a green card. What does that mean?

A green card is a document immigration officials give to an immigrant as proof that person has permission to live in the United States. People with green cards are often called legal permanent residents. Immigration officials give many different kinds of permissions to stay in the United States. Legal permanent residence (a green card) is the only permission that can lead to U.S. citizenship.

Someone with a green card is not a U.S. citizen. A person who has a green card does not have all the same rights as a U.S. citizen. For example, a person who has a green card cannot vote in elections. But a person who has a green card still enjoys many rights. A person with a green card may live, work, and study in the United States.

The permission to stay is not always permanent even though a person who has a green card is called a “legal permanent resident.” The permission can be lost. A person who loses their legal permanent residence risks deportation to their country of birth.

Green cards usually expire every 10 years. If you have a 10 year green card, only the card expires every 10 years. Your status does not change. You simply need to request a new card with a new photo and updated information about yourself. 

Note

Some people don’t get a 10 year green card, they get a 2 year green card. If you have a 2 year green card, you must file additional paperwork before it expires or you will lose your status. Talk to an immigration lawyer about what is required.

Every person with a green card has an “alien number” or “A number” that is written on the green card. You should make a copy of your card and keep the copy in a safe place. It costs a lot to replace a green card and it can take a long time. If you lose your green card, you will need to know your “A number” to get a replacement card. 

Can I apply to be a U.S. citizen if I am under 18?

No. You cannot apply for citizenship if you are under 18. You must have a green card and be over 18 years old to apply for citizenship. 

If you are under 18 but your parents are eligible to become citizens, you will automatically become a citizen when your parents become citizens. See Becoming a United States Citizen.

I am undocumented. How can I ask immigration officers for permission to live or work in the U.S.?

Not everyone is eligible to apply for permission to live and work in the U.S. But, in certain situations, an undocumented person may be eligible to apply for permission from within the U.S.

Important

If you do not have legal status in the U.S., talk to an immigration lawyer before you apply to change your status. Otherwise, you risk being deported from the U.S.

The type of permission you can apply for is related to your personal situation and the situation of your family. Depending on your situation, you might be able to apply for:

  • Asylum if you are afraid to return to your home country, especially if you have suffered harm there in the past.
  • Family reunification with family members who already have legal status or citizenship.
  • T Visas to protect victims of trafficking.
  • U Visas to protect victims of crime.
  • Special Immigrant Juvenile Status, if you are under age 21 and have been abused, abandoned or neglected by a parent.
  • Temporary Protected Status if you are from a country and you lived here when it was designated for Temporary Protected Status.
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