Who is considered undocumented?

This page is general information, not legal advice. Your exact situation matters, so talk with a lawyer or a DOJ accredited representative before you make a big decision.

What does "undocumented" mean?

"Undocumented" is an everyday word. Immigration law uses other words, like "lawful status" and "unlawfully present." So when a school, a scholarship or a friend says "undocumented," they usually mean one thing: you live in the U.S. without a lawful immigration status.

Immigrants Rising, a national nonprofit that supports undocumented students, uses a broad meaning. It counts people who:

• Entered without inspection. You crossed the border without being checked at an official port of entry.
• Entered legally, then overstayed. You came with a visa, such as a student or tourist visa, and stayed after your permitted time ran out.
• Have DACA, or had it before.
• Are working toward status but don't have it yet. For example, a pending petition from a U.S. citizen spouse, a pending asylum case or a pending U visa.
• Are in limbo. Your status is uncertain or at risk.

Not every program uses the word the same way. Always read the rules of the specific school, scholarship or program.

Does overstaying a visa count?

Yes. If you stayed after your permitted stay ended, you are usually counted as undocumented. This question was asked on its own, and the answer is the same, so we answer it here.

Federal law says a person is "unlawfully present" if they are in the U.S. after their authorized stay ends, or if they are here without being admitted or paroled. Your I-94 record shows the date your stay was supposed to end. The visa stamp in your passport is not the same thing. Look at the I-94.

Exception: if your I-94 says "D/S" (duration of status), as many student records do, there is no end date printed on it, and the rules about when unlawful presence starts are different. USCIS does not explain these rules plainly on a current public page, so we do not give a date here. Ask a lawyer or DOJ accredited representative to look at your papers before you travel or file anything. Free help is listed under Who can help?.

Example (fictional). Leo is 25. He came on a tourist visa, and his I-94 says his stay ended March 1, 2025. He stayed. By September 2025 he had more than 180 days of unlawful presence, so leaving then could have brought the 3 year bar. By March 2026 he had a full year, so leaving now could bring the 10 year bar. Leo's best first step is not a trip. It is a free legal screening, to see whether a family petition or another path could work for him from inside the U.S.

Why does the difference matter?

How you entered can change your options later. This is where we want you to have real hope, and real caution.

• Good news if you entered with a visa. To get a green card from inside the U.S., a person generally must have been inspected and admitted or paroled. A visa entry usually meets that rule. And the spouse or unmarried child under 21 of a U.S. citizen, or the parent of a U.S. citizen who is 21 or older, is excused from some problems, like having overstayed or worked without permission. If you have a U.S. citizen in your close family, talk to a lawyer soon.
• Be careful about leaving the U.S. If you build up more than 180 days of unlawful presence and then leave, you can face a 3 year bar on coming back. One year or more can mean a 10 year bar. Time before your 18th birthday does not count. Never leave the U.S. without legal advice first.
• DACA time is different. Time with DACA does not count as unlawful presence. See Do DACA recipients count as undocumented?

Does being undocumented stop me from going to school?

No. In California, many undocumented students can pay in state tuition and apply for state aid with the California Dream Act Application. You do not need DACA or a Social Security number to use that application if you meet the in state tuition rules. Start with Paying for college in California, whatever your status and How to apply for the CA Dream Act.

Graduate school has its own steps. The full guide, How to apply to graduate school as an undocumented student, walks through them.

What should I do next?

1. Find your papers. Passport, visa, I-94, any notice from immigration, any court paper.
2. Write down your history. When you came, how you came, and every trip outside the U.S.
3. Get a free legal screening. Ask: "Do I have any way to get status? Is there anything I should not do?" Many people learn they have more options than they thought.
4. Watch for scams. Only a lawyer or a DOJ accredited representative may give you immigration advice. A notario cannot. See Warning signs of an immigration scam.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

For San Mateo County residents:

• Community Legal Services in East Palo Alto: (650) 326-6440
• Legal Aid Society of San Mateo County: (650) 558-0915
• Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, consultations by appointment
• Catholic Charities (San Mateo County): (650) 295-2160
• San Mateo County Immigrant Services: (650) 363-4194, immigrantservices@smcgov.org

Elsewhere:

• Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

Whatever word fits your story, you belong in this community. You are not alone.

Related questions

• Do DACA recipients count as undocumented?
• Can I file a first time DACA request?
• Paths to a green card