Immigration law can be confusing, even for lawyers. One of the biggest areas of confusion is the difference between lawful immigration status and lawful presence. Although these terms sound similar, they do not mean the same thing. Understanding the difference can affect whether someone can work, obtain a driver’s license, qualify for certain benefits, or apply for future immigration benefits.
A person has lawful immigrationstatus when the U.S. government has officially placed them into a specific immigration category.
Some common examples include:
Each immigration status comes with its own rules.
For example:
If someone stops following the rules of their status, they may lose it. Losing lawful status can lead to serious immigration consequences, including removal proceedings.
Lawful presence is different.
A person may be allowed to stay in the United States legally even if they do not currently have a formal immigration status.
This is sometimes called being in a “period of authorized stay.”
For example, someone may be lawfully present if they have:
These individuals may not technically have an immigration status, but the government is allowing them to remain in the United States while their case is pending or while their authorization continues.
Yes.
This is one of the most misunderstood parts of immigration law.
Imagine a person with deferred action. They may be eligible for work authorization and may be considered lawfully present for many purposes, even though deferred action does not give them a formal immigration status.
Many people file applications to extend, change, or adjust their immigration status before their current status expires.
If the application was filed on time, they are generally allowed to remain in the United States while it is being reviewed.
If the application is approved, everything usually continues without issue.
If the application is denied, however, the person may begin accumulating unlawful presence from the date of the denial, depending on their specific circumstances. This may have serious immigration consequences and should be reviewed with an experienced immigration attorney.
Unlawful presence simply means a person is in the United States without lawful status or another legal authorization to remain.
Someone may begin accumulating unlawful presence if they:
Accumulating unlawful presence can trigger penalties that prevent someone from returning to the United States for several years after they leave.
The difference between lawful status and lawful presence affects many important issues, including:
One of the most common misunderstandings is that having a work permit automatically means someone has lawful immigration status.
That is not always true.
Some people are authorized to work because they are lawfully present, even though they do not have a formal immigration status.
People often use terms like “legal,” “illegal,” “lawful status,” and “lawfully present” as if they all mean the same thing.
They don’t.
These terms have different legal meanings, and using the wrong one can create confusion about a person’s rights and eligibility for immigration benefits.
Immigration law is rarely as simple as being “legal” or “illegal.” A person may have lawful immigration status, lawful presence, both, or in some situations, neither.
If you are unsure about your own situation, do not rely on assumptions or information from social media. Every immigration case is different, and the consequences of misunderstanding these concepts can be significant. Speaking with an experienced immigration attorney is the best way to understand your options.
The earlier we assess your case, the more options you may have.
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EXCELLENT Based on 64 reviews Posted on Google Elisa QuilianoTrustindex verifies that the original source of the review is Google. Gracias por su tiempo. Ha sido de mucha ayuda e información que recibimos. Todo fue muy claro y bien explicado. Seguiremos en contacto con su oficina. Gracias
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Thank you for sharing your wonderful experience! We're thrilled to hear Mariana and our team were able to assist you effectively and make the process smooth. Your kind words mean a lot, and we truly appreciate your recommendation.Posted on Google Ninoska ChiongTrustindex verifies that the original source of the review is Google. La abogada Mariana Ehrenberg y su esposo llevaron el caso de mi esposo y el mío fueron más de dos años donde en todo momento ellos y su equipo fueron amables, asertivos, humanos y hasta ellos último momento fueron sinceros y honestos con nosotros. No tengo palabras para agradecer todo lo que hicieron por nosotros desde escucharnos durante el proceso hasta estudiar cada detalle de nuestro caso para defenderlo ante el Juez. Son un equipo muy capacitado, siempre atentos a cualquier cambio o detalle, los recomiendo encarecidamente y sobretodo le agradezco a Dios que nos permitió que ellos llevaran nuestro proceso. Muchas gracias !
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Gracias por tus amables palabras y por compartir tu experiencia. Nos llena de satisfacción saber que te sentiste bien acompañado durante todo el proceso. Estamos aquí para seguir ayudando cuando lo necesiten.Posted on Google Angelica TrejoTrustindex verifies that the original source of the review is Google. Me explico y me aclaro las dudas que tengo, que otros abogados no me habían explicado
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Nos alegra saber que pudimos aclarar todas tus dudas de manera clara. Estamos aquí para ayudarte siempre que lo necesites.Posted on Google Heewon SonTrustindex verifies that the original source of the review is Google. I’m so glad I went with SHEV Law Group for my marriage-based green card application. They were so kind and made the whole process feel way less stressful than I expected. They kept me updated every step of the way and were always quick to answer my questions, which I really appreciated. Everything was handled super smoothly and efficiently, and my application got approved without any issues. I can’t thank them enough for how communicative and supportive they were. If you need help with immigration stuff, I’d 100% recommend them!
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Thank you for sharing your experience! We're thrilled to hear you found the process smooth and less stressful with our team. Your kind words mean a lot, and we're always here to help when needed.Posted on Google Kimberly MunozTrustindex verifies that the original source of the review is Google. They are very helpful and comprehensive
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Thank you for your kind words! We're delighted to hear you found our service helpful and comprehensive. Your feedback means a lot to us!Posted on Google Jessica ReyesTrustindex verifies that the original source of the review is Google. Muy amables te explican todo a detalle y son muy sinceros en sus casos . Te dedican tiempo en sus consultas A nosotros no atendió Mariana Ehremberg
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Agradecemos tu comentario y nos alegra saber que tuviste una buena experiencia. Mariana y el resto del equipo siempre se esfuerzan por brindar la mejor atención posible. ¡Gracias por compartir tu experiencia!Posted on Google Enrique Genie AlvaradoTrustindex verifies that the original source of the review is Google. The best of the best
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Thank you so much for your kind words! We're thrilled to hear you had such a great experience with us.Posted on Google James UTrustindex verifies that the original source of the review is Google. I had questions about my employer-sponsored permanent residence. And met with Mariana to discuss them. She was extremely helpful, answering questions I had, and offering very useful suggestions to navigate the situation. She also explained how lawyers charge for services in general and offered recommendations on how I might minimize my costs while retaining the services of a lawyer. Would definitely recommend, I know I'd return if I needed further advising / additional services, but her advice was comprehensive within our single session.
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Thank you for sharing your experience! We're glad Mariana could provide helpful guidance and practical suggestions. It's great to know her advice covered your needs, and we appreciate your recommendation.
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