Legal Definitions - alien

The term alien is a legal designation for any individual who is not a citizen or a national of the United States. In simpler terms, if a person does not hold U.S. citizenship and has not pledged permanent allegiance to the U.S. in a way that confers national status (which is a specific and less common category for non-citizens), they are legally considered an alien.

This broad category encompasses a wide range of individuals, from those who are lawfully authorized to live and work permanently in the U.S. (often called "permanent residents" or "green card holders") to those on temporary visas for tourism, work, or study, as well as individuals present in the U.S. without authorization. Despite not being citizens, aliens residing in the U.S. are generally protected by many constitutional rights and are subject to U.S. laws and tax obligations.

Here are a few examples to illustrate the concept of an alien:

• Example 1: A Permanent Resident

  Scenario: Elena immigrated to the United States from Spain and has been granted lawful permanent resident status, commonly known as a "green card." She has lived in the U.S. for several years, works legally, and pays taxes, but she has not yet applied for U.S. citizenship.

  Explanation: Elena is considered an alien because, despite her legal authorization to live and work indefinitely in the U.S., she has not completed the naturalization process to become a U.S. citizen. Her "green card" status makes her a lawful alien.

• Example 2: A Temporary Worker

  Scenario: Dr. Anya Sharma, a renowned medical researcher from India, is invited to work at a university in Boston on a specialized H-1B temporary work visa for three years.

  Explanation: Dr. Sharma is an alien because she is not a U.S. citizen or national. Her visa allows her to reside and work in the U.S. legally for a specific period, but it does not confer citizenship, thus she falls under the legal definition of an alien.

• Example 3: An International Student

  Scenario: Kenji, a young man from Japan, is attending a four-year undergraduate program at a university in Oregon on an F-1 student visa.

  Explanation: Kenji is considered an alien because he is not a U.S. citizen or national. His student visa grants him legal temporary status to pursue his education in the U.S., but he remains an alien as he does not possess U.S. citizenship.