The Difference Between Having Lawful Status and a Period of Authorized Stay in the U.S.
On Behalf of Coughlon Law Firm, PLLC. | Aug 26, 2024 | Immigration
The terms lawful status and a period of unauthorized stay are related yet distinct concepts that play a critical role in immigration matters. Often, these concepts are used to define if your presence in the United States is lawful or unlawful.
Lawful Status
When you are a citizen or a national of the United States, your stay in the country is categorized as a lawful status. Aliens who have been lawfully admitted for a permanent or temporary residence also have a lawful status. Lawful status is additionally awarded to an individual who has conditional permanent resident status.
For immigrants, your lawful status remains as long as your I-94 form has not expired, as it indicates that you entered the country legally, complete with the terms of your stay. Still, you should comply with the conditions outlined in your visa category, such as enrolling in a school if you have a student visa.
Period of Authorized Stay
A period of authorized stay refers to when a nonimmigrant is granted time to continue staying in the U.S. even though the individual does not hold any lawful status. The period of authorized stay is granted only after a request to change or extend one’s status is filed while you are still in a valid non-immigration status.
You can file for an extension of your status as long as you still hold an unexpired I-94 and you are in compliance with the requirements of your visa classification. When your I-94 subsequently expires, and you fall out of the nonimmigrant status, you remain in the U.S. for a period of authorized stay as long as your petition or application was filed on time.
Essentially, a period of authorized stay prevents the accrual of unlawful presence in the United States, which can result in inadmissibility or barred entry into the country in the future.
Help with Navigating Complex Immigration Law
Understanding the distinctions between lawful status and authorized stay is vital for compliance with U.S. immigration laws and avoiding severe penalties. If you are seeking to extend your stay in the United States, you can consult with the experienced attorneys at Coughlon Law Firm, PLLC. We will help you navigate the complexities of immigration laws in the country.
