Legal Definitions - undocumented immigrant

An undocumented immigrant is an individual who resides in the United States without legal authorization from the government. This status typically arises in one of two ways: either by entering the country without inspection by immigration authorities, or by initially entering legally with a temporary visa and then remaining in the U.S. after that visa has expired or its conditions have been violated. Individuals who are undocumented do not possess the necessary legal documents to live and work permanently in the U.S. and are not on a direct path to U.S. citizenship, although certain legal processes like claiming asylum or obtaining Temporary Protected Status might offer a pathway to a different legal standing. They are subject to arrest, detention, and removal (deportation) by immigration authorities.

• Example 1: Entry Without Inspection

  A person from a neighboring country, seeking better economic opportunities, crosses the U.S. border through an remote, unofficial area, thereby avoiding any encounter with Border Patrol agents or other immigration officials. They then proceed to live and work in a U.S. city.

  Explanation: This individual is an undocumented immigrant because they entered the United States without authorization and were not inspected by immigration authorities, meaning they never received legal permission to be in the country.

• Example 2: Visa Overstay

  A student from Europe obtains a valid F-1 visa to attend a university in the U.S. for a four-year degree program. After completing their studies, they decide to stay in the U.S. to pursue a romantic relationship and do not depart the country or apply for a change of status before their authorized period of stay expires.

  Explanation: This person becomes an undocumented immigrant once their F-1 student visa and any associated grace period expire, as they no longer have legal permission to reside in the United States, despite their initial lawful entry.

• Example 3: Violation of Visa Conditions

  A skilled worker from Asia enters the U.S. on an H-1B visa, which is tied to a specific employer and job role. After a year, their employer downsizes and terminates their employment. Instead of leaving the country or finding a new sponsoring employer and obtaining a new visa, the worker decides to stay in the U.S. and take on informal, cash-based jobs to support themselves.

  Explanation: This individual becomes an undocumented immigrant because their legal status was contingent upon their specific employment. Upon termination, they failed to maintain their nonimmigrant status by either departing the U.S. or securing a new, valid visa or status, and are now residing and working without authorization.