Undocumented immigrant definition
An undocumented immigrant is someone born in another country (not a tourist) who is living in the US without federal authorization.
An unauthorized immigrant — also sometimes referred to as undocumented immigrant or illegal immigrant — is someone born in another country and is living in the United States (not a tourist) who does not have the permission of the Federal government to do so.
Examples include people who:
- Enter the country without inspection by immigration authorities by crossing the border undetected between legal ports of entry.
- Were inspected and admitted to the country on a valid visa, but overstay the specified length of stay.
- Are temporarily permitted to be in the country without being legally admitted, like while an asylum claim is being processed or through programs like immigration parole, Deferred Action for Childhood Arrivals (DACA), or Temporary Protected Status (TPS). These individuals are allowed to enter or remain in the US by immigration officials, but are considered unauthorized immigrants unless they are granted some other legal immigration status.
At USAFacts, we describe unauthorized immigrants, rather than undocumented immigrants or illegal immigrants. This is because the definitive government source describing this population uses this term and provides a clear definition for it.
The term “unauthorized immigrant” includes people with both lawful and unlawful immigration status. Therefore, using “illegal immigrant” in place of “unauthorized immigrant” may generate confusion when differentiating between “illegal immigrant with lawful status” (like those living under DACA or TPS or who are waiting to have asylum claims adjudicated) and “illegal immigrant with unlawful status” (like those who entered without admission and inspection or whose status has expired). Additionally, because those with lawful immigrant status must submit documentation to the government to secure their status, they cannot accurately be described as “undocumented immigrants.”
What is the difference between non-citizen, alien, and undocumented?
A non-citizen — anyone who is not a citizen of the United States — is referred to as an alien in federal law. Groups that are classified as non-citizens include:
- Lawful permanent residents (i.e., green card holders)
- Temporary visa holders (e.g., tourists, students, workers)
- Refugees and asylum seekers
All unauthorized immigrants are non-citizens, but not all non-citizens are unauthorized.
Can an illegal immigrant become legal?
Yes, in some cases, an unauthorized immigrant can adjust their status to become a legal permanent resident and become an authorized immigrant. However, the path is often narrow and complex. Possible legal pathways include:
- Marriage to a US citizen
- Family-based petitions
- Employment-based sponsorship
- An asylum claim is granted
Not everyone qualifies, and many may need to leave the United States and reenter legally if they want to stay, depending on their situation.
Are asylum seekers unauthorized immigrants?
Whether an asylum seeker is considered to be an unauthorized immigrant depends on their immigration status when they apply for asylum. Some asylum seekers enter the United States with a valid nonimmigrant visa, such as a tourist, student, or work visa. If they apply for asylum while their visa is still valid, they are considered authorized immigrants.
Many other asylum seekers enter the United States without permission or overstay a visa before applying for asylum. These individuals are considered unauthorized unless and until their asylum claim is granted.
Asylum exists in a sort of gray area. On the one hand, seeking asylum is a legally recognized process. On the other hand, asylum can be claimed by someone no matter how they arrived in the country, and asylum seekers without some other lawful immigration status are counted among the unauthorized immigrant population. A pending asylum application does not give legal immigration status, but it does grant a certain amount of protection from deportation and removal; an active case must be decided before the government can remove the applicant, unless certain exceptions apply.
