GENERAL INFORMATION CONCERNING ALIEN STATUS

In accordance with the 14th amendment of the U.S. Constitution, any person born in and subject to the jurisdiction of the United States is a citizen of the U.S. at birth. U.S. citizenship may also be acquired through DERIVATION from the U.S. citizen parent when children are born abroad or through NATURALIZATION after meeting the necessary residency requirements. All persons not citizens or nationals of the U.S. are aliens, which generally are classified as PERMANENT RESIDENTS (“Immigrants”), NON-IMMIGRANTS, or UNDOCUMENTED ALIENS.

PERMANENT RESIDENT ALIENS enjoy almost all of the same rights as U.S. citizens. This status may be obtained through a number of different procedures and, unless taken away administratively, is granted for life. Aliens with permanent residency must carry evidence of their status. The INS no longer requires permanent residents to report their address annually.

NON-IMMIGRANT ALIENS are admitted to the U.S. for a temporary period of time and for a specific purpose, most often as a tourist. There are different categories of non-immigrants, and they are identified through letter/ number symbols (e.g. B-2). Non-immigrants are also required to present evidence of their lawful status in the U.S. to offices of the INS. This will usually consist of a passport containing a visa and an Arrival/Departure Record (INS Form I-94).

UNDOCUMENTED ALIENS are those who may have crossed the border illegally and/or been smuggled into the interior of the U.S., or those who have violated their non-immigrant status by accepting unauthorized employment, remaining longer than permitted, or committing some other violation. Some of these aliens purchase counterfeit documents or assume another person’s identity by using fraudulently obtained genuine documents. HERE