Contrary to popular belief, there are many different types of illegal immigrants. In general, an undocumented immigrant is any foreign-born person who does not have a legal right to be in the United States but has remained there anyway. While this may be the simplest way to define an undocumented immigrant, it does not cover all the bases. While a lot of illegal immigrants sneak across the border and come into the United States this way, there are a significant number of undocumented immigrants that originally came into the United States legally. For example, some will come to America on a visa, but will not leave when they visa expires. This means that they are now in the country illegally and they are just as guilty as those who crossed the border. Yet depending on their position in the United States, their intention in the nation, and their ability to stay out of trouble, they may be less guilty than other immigrants.

Despite the fact that there are millions of illegal immigrants in the USA, there are not subsequent funds in the American Federal Reserve to deport them. As well, the US Government does not necessary want to deport all of the men and women who have made their way into this nation. Instead, some well-educated and innovative immigrants may even be given a shortcut to citizenship because of the contributions that they could have to society. There are also some groups of people who may be immune to prosecution. This includes families and spouses of men and women who are already lawful citizens in America.

If you are an illegal resident in the United States but are married to a citizen, then chances are that you may permitted to stay in the United States event though you don’t technically have a right to be here. For some of these family immigrants, leaving to go back to their homeland and gather the documents necessary could prove to be horrific. This is because they may be put on a timeline ban which could keep them from their family for years. These illegal immigrants may be better off submitting their green card application with the USCIS office. The officers may agree that they will make no effort to deport these family members as long as they work towards become citizens of the United States.

There is also a US policy called prosecutorial discretion which causes certain immigrants to be left alone by the United States. Typically, this policy encourages law enforcement to focus on illegal immigrants who have committed a crime and leave students or families largely alone. The thinking behind this policy is that if a family is not harming society there is no real reason why they should be sent back to their homeland. Some immigrants are even granted a deferred action status and a work permit. This allows them to act as though they are functioning members of society even if they have not been naturalized.

Other semi-legal immigrants in the United States are those that are applying for asylum in the country. Those that are applying for asylum may be denied an application or may not hear about their application and may need to seek refuge in the United States. As a result, they may need to enter the country illegally while they wait to hear back about their application. In this situation, the person is in the United States illegally but more than likely law enforcement would never deport this person as a result.

If you are dealing with immigration complications at present, it would be wise for you to determine what degree of “illegal” you are. If you are the family member of a U.S. citizen, are an asylum applicant, or are a student in the United States, then chances are that you will be able to argue for residency in the United States. If you are a criminal or have posed as a threat to the United States, then chances are that you will not be permitted to remain in the country. With the help of a local immigration lawyer, you will be able to learn where you stand with the law and whether or not you should be creating a defense in the event of a deportation trial.