What does out of status mean in immigration?

Understanding “Out of Status” in Immigration

In the context of immigration, “out of status” refers to an individual who is no longer legally present in a particular country. This occurs when an individual violates the terms of their visa or lawful residency.

Causes of Out of Status

Out of status can result from several scenarios, including:

• Overstaying a Visa: Remaining in the country beyond the expiration date of a visa.
• Failing to Maintain Legal Residency: Not meeting the requirements for maintaining a green card or other legal residency status.
• Violating Visa or Residency Terms: Engaging in activities or behaviors prohibited by a visa or residency permit, such as working without authorization.

Consequences of Out of Status

Being out of status has serious legal consequences, including:

• Loss of Legal Employment: Individuals out of status are generally not eligible to work legally.
• Ineligibility for Certain Benefits: Out of status individuals may not be eligible for government benefits or services.
• Deportation: In most cases, being out of status can lead to deportation proceedings.
• Re-Entry Bar: Out of status individuals may face a re-entry bar, preventing them from returning to the country for a specified period.

Legal Options for Out of Status Individuals

Depending on the specific circumstances, out of status individuals may have limited legal options to address their situation. These may include:

• Applying for an Adjustment of Status: In certain cases, individuals out of status may be eligible to apply for a change of status or adjustment of status to a different immigration category.
• Filing for Asylum or Relief from Deportation: Individuals who fear persecution or harm in their home country may be eligible to seek asylum or other forms of protection from deportation.
• Voluntary Departure: Out of status individuals may choose to leave the country voluntarily to avoid deportation proceedings.

It is crucial for individuals in this situation to seek legal counsel to understand their options and navigate the complex immigration system.