Legal Definitions - illegal immigrant

The term illegal immigrant is often used to describe a non-citizen residing in a country without legal authorization. However, in contemporary legal and policy discussions, the term undocumented immigrant is widely preferred as it is considered more neutral and accurate.

An undocumented immigrant is an individual who is not a citizen of a country and who resides there without the legal documents or permission required by that country's immigration laws. This can occur in several ways, such as entering a country without inspection, overstaying a valid visa, or violating the terms of a visa.

Here are some examples illustrating the concept of an undocumented immigrant:

• Example 1: Visa Overstay
  Maria, a citizen of Brazil, enters the United States on a tourist visa that permits a stay of up to six months. After six months, her visa expires, but she decides to remain in the U.S. to continue working and living with family. At this point, Maria becomes an undocumented immigrant because she no longer has legal authorization to reside in the country.

• Example 2: Entry Without Inspection
  Javier, a citizen of Honduras, crosses the border into Mexico at an unofficial crossing point, bypassing all official ports of entry and immigration checkpoints. Because he entered Mexico without presenting himself to immigration authorities for inspection and permission, Javier is considered an undocumented immigrant in Mexico.

• Example 3: Violation of Visa Terms
  Li Wei, a student from China, is studying at a university in Canada on a valid student visa. The terms of his visa require him to maintain full-time enrollment. However, Li Wei withdraws from all his courses mid-semester and stops attending university. Since he is no longer fulfilling the conditions of his student visa, his legal status is revoked, and he becomes an undocumented immigrant if he continues to reside in Canada.