What Is Your Immigration Status

Your immigration status in the United States determines your legal rights (/obligations) and eligibility to stay in the country. Immigration law allows for many different immigrant and non-immigrant classifications under which a foreign national may be admitted into the United States. Each such classification attaches with a specific purpose and foreign nationals are admitted into the United States if their stated intent matches with the defined purpose of that immigration classification. With some exceptions, most of the immigration classifications are mutually exclusive and conflicting with each other. So, generally, one can be on only one immigration status at a time!

Frequently, foreign nationals in the United States apply for more than one immigration benefits, one after the other. Individuals may possess more than one visa at the same time. Successive visa and permanent residence applications under different categories are permissible as long as each such request is consistent with the stated purpose without conflicting with another concurrent request and is done very frequently so that the foreign nationals can stay in U.S. and continue with their lives peacefully. However, at a time, the foreign national in the United States, could hold only one immigration status. Likewise, foreign nationals while entering the United States from abroad may be admitted under only one visa at a time.

While each change of status or extension application involves necessary additional expense, the benefit that comes with each such status can not always be enjoyed in combination because you are a worker either under H1b or under L1 status. And for the immigration status you are either a student or a foreign national employee or a spouse awaiting processing of your marriage-based immigration petition.

When the benefits attached to multiple immigration statuses are enjoyed simultaneously, it may create a bigger immigration issue like status violation, misrepresentation etc.

The problem could surface upon re-entering after travel abroad and the foreign national may face increased scrutiny at the port of entry and be placed in secondary inspection for any prior violations or makes statements inconsistent with the stated purpose of entry. Statements made to the Customs and Border Protection Officer at the port of entry may be used against the individual in removal proceedings.

Status violations may also occur due to omissions when the foreign national fails to take certain steps like Fiance` failing to marry the fiancee`. Some lawful permanent residents hold conditional permanent resident status and must file the petition to remove conditions on green card (Form I-751) to avoid loss of status and removal proceedings. Knowledge of Form I-751 filing requirements would go a long way in maintaining status.

If you have questions about your immigration status or about what options are available to you, consulting an immigration lawyer in Indianapolis at Haranlaw can help you understand the next steps.

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