I. Definition of an Immigrant

Under U.S. federal regulations, an immigrant is a foreign national who is authorized to permanently work and reside in the United States.  Immigrants are also referred to as legal permanent residents (“LPRs”), permanent residents, and green card holders.  Immigrants enjoy most of the rights of U.S. citizens, such as the right to work for whomever they wish.  The document which proves one is a permanent resident is often referred to as a green card.   

II. Non-Immigrant vs. Immigrant Status

In the United States, there are two classes of documented non-U.S. citizens, non-immigrants and immigrants.  A non-immigrant is someone who is authorized to enter the U.S. with the intent to stay for a temporary period of time and eventually return to their home country.  As noted above, an immigrant, otherwise known as a permanent resident, is someone who is authorized to stay in the U.S. indefinitely and thus is not required to eventually return to his or her home country. 

III. Visa Ineligibility

Certain individuals are prohibited from entering the U.S.  For example, an individual who has had been convicted of certain crimes may be barred from entering the United States and thus unable to obtain a non-immigrant visa.  Therefore, prior to applying for a particular non-immigrant status, it is important to ensure that you are permitted to enter the U.S.  Form DS-156/DS-160 lists the different categories of persons who by law do not qualify for a non-immigrant visa (though, if you fall within one of these categories you may still be able to enter the U.S. through a waiver of inadmissibility).

Ife S. Ashabo, B.A., J.D., F.L.C

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