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What is Lawful Status? A Comprehensive Guide to Legal Definitions
Definition & Meaning
Lawful status refers to the legal standing of an individual in the United States regarding their immigration status. A person is considered to have lawful status if they fall under one of the following categories:
A citizen or national of the United States
An alien lawfully admitted for permanent or temporary residence
A conditional permanent resident
A person with an approved application for asylum
A refugee
A person with valid nonimmigrant status
A person with a pending application for asylum
A person with pending or approved temporary protected status (TPS)
A person with approved deferred action status
A person with a pending application for lawful permanent residence or conditional permanent resident status
This definition is important in various legal contexts, especially concerning immigration and identification requirements.
Table of content
Legal Use & context
The term lawful status is primarily used in immigration law and is crucial for determining eligibility for various rights and benefits in the United States. It is relevant in contexts such as:
Application for driver's licenses and identification cards
Eligibility for public benefits
Employment verification
Legal residency applications
Individuals can often manage their applications and status verification using legal templates from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples illustrating lawful status:
A person who has been granted asylum and is living in the U.S. has lawful status.
A foreign student on a valid student visa is also considered to have lawful status. (hypothetical example)
Relevant laws & statutes
Lawful status is defined under various laws, including:
Immigration and Nationality Act (INA)
6 CFR 37.3, which outlines requirements for identification cards and driver's licenses
State-by-state differences
Examples of state differences (not exhaustive):
State
Lawful Status Variations
California
Allows undocumented individuals to obtain driver's licenses under certain conditions.
Texas
Strictly requires proof of lawful status for most public benefits.
New York
Offers identification cards to individuals regardless of immigration status.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Lawful Status
Legal standing of an individual regarding immigration.
Includes various categories of legal residency.
Permanent Resident
An individual granted permanent residency.
A subset of lawful status; not all lawful status holders are permanent residents.
Nonimmigrant Status
Temporary status for individuals visiting or studying.
Nonimmigrant status is a type of lawful status but is not permanent.
Common misunderstandings
What to do if this term applies to you
If you believe you have lawful status or need to verify your status, consider the following steps:
Gather documentation proving your immigration status.
Consult with an immigration attorney for personalized advice.
Explore US Legal Forms for templates that can assist in managing your legal needs.
If your situation is complex, seek professional legal help to navigate your options.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.