Navigating U.S. immigration laws can be confusing, especially when dealing with the differences between legal status categories, visa types, and common terms like “illegal immigrant” or “visa overstay.” Whether you’re in Newark, Jersey City, or Paterson, understanding these definitions is critical — especially if you or someone you know is trying to live, work, or remain in New Jersey lawfully.

Immigration Status at a Glance

Here’s a summary table showing the main immigration statuses in the U.S. and how they affect work, travel, and risk of deportation:

Status	Can Work?	Travel Freely?	Path to Citizenship?	Risk of Deportation?
U.S. Citizen	✅ Yes	✅ Yes	N/A (Already a citizen)	❌ No
Lawful Permanent Resident (Green Card)	✅ Yes	✅ Mostly	✅ Yes (after 3–5 years)	⚠️ Yes (under certain conditions)
Visa Holder (H-1B, F-1, etc.)	⚠️ Sometimes	⚠️ Limited	⚠️ Possible (with adjustment)	✅ Yes
Undocumented (Entered Illegally)	❌ No	❌ No	❌ Very limited options	✅ Yes
Visa Overstay	❌ No	❌ No	⚠️ Difficult, some exceptions	✅ Yes

What Does “Undocumented” or “Illegal” Really Mean?

In U.S. immigration law, “illegal immigrant” refers to someone present in the country without valid legal status. This typically falls into two categories:

1. Entered Without Inspection (EWI):
   
   • Crossed a border unlawfully.
   • Never went through a visa process or legal checkpoint.
   • Cannot usually adjust status (even through marriage) without leaving the country first.
     
2. Visa Overstay:
   
   • Entered legally with a visa but remained after it expired.
   • Often overlooked but is now a more common cause of undocumented status than unlawful border entry.

Overstays of more than 180 days can lead to 3- or 10-year reentry bars. See the USCIS inadmissibility guidance

Types of Legal Immigration Status

Lawful Permanent Resident (Green Card Holder)

Green card holders can live and work in the U.S. permanently and apply for citizenship after 3–5 years. Many work in vital NJ industries like healthcare and logistics.

Non-Immigrant Visa Holder

These individuals are in the U.S. temporarily. Common visa types:

• B-2: Tourist
• F-1: Student
• H-1B: Skilled Worker
• TN: Mexican or Canadian professional under NAFTA/USMCA

Example: Many F-1 students at Rutgers or NJIT use OPT to work after graduation. See all visa categories

Work Authorization

• U.S. Citizens and LPRs can work anywhere without restrictions.
• Visa holders can only work if their visa type allows it (e.g., H-1B, OPT under F-1).
• Undocumented immigrants and visa overstays cannot work legally and often face wage exploitation, especially in low-regulation environments.

New Jersey employers must complete Form I-9 to verify work eligibility. Learn more about I-9 requirements

Resident Alien vs. Non-Resident Alien (for Tax Purposes)

Resident Alien (for Tax Purposes)

• Either has a green card or meets the Substantial Presence Test.
• Taxed on worldwide income.
• May be eligible for some benefits like deductions or tax credits.

Non-Resident Alien

• In the U.S. on a temporary basis (like a tourist or short-term student).
• Only taxed on U.S.-sourced income. IRS Classification Guide »

What Happens If You Overstay a Visa?

Overstaying your visa makes you unlawfully present, which can have severe consequences:

• 180+ days overstay: 3-year reentry ban if you leave the U.S.
• 1+ year overstay: 10-year reentry ban.
• Ineligible for most immigration benefits.
  

In New Jersey, where tens of thousands of immigrants live in mixed-status households, this can make it difficult to adjust status or even get basic healthcare.

Example: A tourist from Colombia enters legally on a B-2 visa in Newark, NJ. They stay past the 6-month limit. If they remain for over a year without applying for any change of status, they become subject to the 10-year ban upon exit.

Special Protections

Some undocumented individuals may qualify for legal relief:

DACA (Deferred Action for Childhood Arrivals)

• Protects eligible immigrants brought to the U.S. as children from deportation.
• Offers work permits and Social Security numbers.
• Does not provide a path to citizenship.
  

TPS (Temporary Protected Status)

• Granted to nationals from countries facing crises (e.g., Haiti, Venezuela).
• Allows temporary legal status and work authorization.
• May be extended but isn’t permanent.
  

Asylum & Refugee Status

• Granted to those who fear persecution in their home countries.
• Must prove “credible fear” and apply within 1 year of entering the U.S.

See USCIS programs »

Immigration and Enforcement in New Jersey

New Jersey has immigrant-friendly policies like the Immigrant Trust Directive, which limits cooperation between local police and ICE. However, federal immigration enforcement still operates in the state. Read the directive here »

New Jersey is considered a “sanctuary state” by some standards:

• Local law enforcement typically does not cooperate with ICE detainers unless required by federal law.
• The Immigrant Trust Directive limits the role of police in immigration enforcement. Read the directive here »
  

Nonetheless, federal immigration enforcement still operates in NJ, and unauthorized immigrants may be detained or removed.

Final Thoughts

Immigration status affects everything — from work and taxes to healthcare and education. Understanding these terms is essential, especially in diverse states like New Jersey. For help, contact local organizations such as:

• American Friends Service Committee – Newark
• New Jersey Alliance for Immigrant Justice
• Make the Road New Jersey