Getting Started

Am I an “immigrant”?

If you were not born in the United States, but are living here now, you are an immigrant. An immigrant is a person who has come to live in the U.S. from another country. If you are an immigrant, you may have arrived in this country with or without the permission of the U.S. government. The type of permission granted by the U.S. government, or the lack of it, is what determines your immigration status.

Throughout history and today, immigrants have helped make the United States a diverse and rich culture, and have made contributions in all areas of society, including business, the arts, sciences, politics, and sports. If you are a young person born in another country, you are still an important member of U.S. society and your local community, and should have as many opportunities to succeed as possible. We hope that this handbook will assist you in getting all of the immigration benefits that are available to make your goals possible.

What is my immigration status?

It is important to understand your immigration status so that you are aware of any rights you might have, as well as any risks you might face, as a result of that status. If you are not sure about your status, you should speak to your law guardian, your caseworker, or an immigration lawyer to find out if you need immigration assistance.

Immigration status is complicated and depends on your unique circumstances. This handbook cannot give you the answers to your exact immigration status. However, it will help you learn about some basic immigration laws that can get you started asking the right questions.

There are many different types of immigration status. As an immigrant, you might be one of the following:

United States Citizen

If you were born in the United States, you are a U.S. citizen, even if you were raised in another country. You also may be a citizen if one of your parents was a U.S. citizen at the time you were born. A United States citizen has the right to live, work and vote in the U.S. and is eligible for many federal benefits, such as educational loans and social services. U.S. citizens cannot be forced to leave the United States or be deported back to their home country.

Lawful Permanent Resident (LPR)

An LPR (someone with a “green card”) has permission to live and work in the United States, but is not eligible for certain benefits, such as voting and some social services. An LPR may travel in and out of the country, as long as he/she does not spend a long period abroad. An LPR may only be deported if he/she is convicted of certain crimes or violates an immigration law.

Temporary Visitor

A temporary visitor is someone who has permission from the government, usually in the form of a “visa,” to live in the United States for a limited period of time and for a specific purpose (such as studying, working, visiting family, or tourism). These types of visas generally have expiration dates and if the immigrant does not renew it before it expires, then he/she will no longer have legal immigration status.

Undocumented Immigrant

An undocumented immigrant does not have permission to live or work in the United States and is at risk of deportation. Anyone who is not a U.S. citizen, and does not have a green card or a current visa, is undocumented.


If I need help with immigration, how do I get it?

If you are in foster care, you have a lawyer called a law guardian who can help you with immigration.

You are in foster care if you live in a: Foster home, group home, residential treatment center, residential treatment facility, diagnostic facility, or hospital. If you have a caseworker, you can ask that person if your current living arrangement is part of the foster care system.

If you are in a guardianship, (someone went to court to become your guardian) the family court may have appointed a law guardian for you when they were hearing your case.

Contacting your law guardian: Your law guardian is a lawyer who works for YOU, not for your foster care agency or your family. If you do not know the name of your law guardian, you can contact Lawyers For Children or the Legal Aid Society, which are organizations that provide law guardians for young people in foster care.

Lawyers For Children 212-966-6420 or 1-800-244-2540
Online at www.lawyersforchildren.org

Legal Aid Society 212-577-3300

If you still can’t find your law guardian, call Lawyers For Children and ask to speak to the attorney in the Immigration Project for Youth in Foster Care at 212-966-6420 or 1-800-244-2540.

If you are under age 21 and not in foster care or in a guardianship, you should contact an immigration lawyer or an organization that provides assistance for immigrants.

Contacting an immigration attorney:

The following organizations provide immigration legal assistance to young people:

The Door Legal Services:
212-941-9090

Legal Aid Society
Immigration Unit:
212-577-3300

Safe Horizon Immigrant Law Project:
718-899-1233

Catholic Charities Immigrant and Refugee Services:
212-371-1000

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