What is my immigration status

This page explains the main immigration categories. It is general information, not legal advice. For what each status means for health care, food help and college in California, see Which benefits can I get in California based on my immigration status.

What does "immigration status" mean?

It is the category the federal government has you in right now. Some categories are permanent, some are temporary, and some are not a status at all but a permission or protection, like DACA. Your status can change: it can end, be renewed, or be replaced by a better one.

Two people with the same work permit can be in very different places. That is why the details matter.

What are the main categories?

Green card (lawful permanent resident)

A green card means you were granted the right to live here permanently (8 U.S.C. 1101(a)(20)). The card itself expires, but your status does not end when the card does. You renew the card with Form I-90. People who got a green card through a marriage less than two years old get a conditional two year card and must file to remove conditions (8 U.S.C. 1186a). Conditional residents use Form I-751, not I-90.

A green card can still be put at risk by some crimes, by fraud, or by living outside the U.S. for long periods. See Your rights as a green card holder.

DACA, TPS and parole

These protect you, but they are not permanent, and none is a green card.

• DACA is deferred action. Federal rules call deferred action a temporary decision not to pursue removal, and say it is not a lawful status (8 CFR 236.21(c), checked October 18, 2026). As of October 21, 2026, USCIS decides renewals; first time requests are accepted but not decided (USCIS DACA page). See the DACA hub.
• TPS protects people from countries DHS designated. While TPS is in effect, USCIS treats a TPS holder as in lawful nonimmigrant status for green card purposes (USCIS Policy Manual, Vol. 7, Part B, Ch. 2, current as of October 2, 2026). As of October 21, 2026, only El Salvador, Ukraine, Sudan and Lebanon still have TPS protection (USCIS TPS page, updated October 20, 2026). See TPS and humanitarian parole: the complete guide.
• Parole lets you be here for a time. The law says parole "shall not be regarded as an admission" (8 U.S.C. 1182(d)(5)(A)). But being "paroled" can count toward a green card through family. Several parole programs ended in 2025. See What changed for humanitarian cases in 2025 and 2026.

Is a pending application a status?

No. A receipt notice proves you filed. It does not give you the status you asked for. Some pending cases do give you something while you wait:

• A pending green card application (I-485) lets you ask for a work permit and advance parole while you wait. Leaving without advance parole abandons it (8 CFR 245.2(a)(4)(ii)).
• A pending asylum case lets you ask for a work permit after a waiting period (8 CFR 208.7).
• A pending U visa petition can lead to deferred action if USCIS places you on its waiting list (8 CFR 214.14(d)(2)), but an ICE directive says enforcement is still possible.

If a pending case is denied and you have no other status, USCIS policy since February 2025 is to send a Notice to Appear in immigration court (USCIS memo PM-602-0187). See What a Notice to Appear means.

Does a work permit mean I have status?

No. A work permit (Form I-766, the employment authorization document) shows you may work. It does not say you have a status. Look at the category printed on the card. It tells you why you got it. For example, C33 is DACA, A12 or C19 is TPS, and C8 is a pending asylum case. Your work permit can expire before or after your status does.

How do I find out my status for sure?

1. Read your papers. Approval notices (Form I-797) say what was approved and for how long.
2. Print your I-94 from CBP's site. It shows your last entry, your class of admission (for example B2 visitor or parole) and your "admit until" date. If you crossed without inspection, you will not have one.
3. Check pending cases on USCIS Case Status Online.
4. Check for a court case with EOIR's tool or 1-800-898-7180, using your A number. Do this even if you think you never had a case. Some people were ordered removed without knowing.
5. Ask for your records. Your A file is at USCIS, border and entry records at CBP, detention records at ICE, and court records at EOIR (ICE, Request Immigration Records, updated July 6, 2026). Requests are free for most people and mostly online since January 22, 2026. See How to get a copy of your immigration file.
6. Take everything to a free legal screening.

What if I have no status?

You still have rights. Everyone in the U.S. can stay silent with immigration agents and does not have to open the door without a warrant signed by a judge. Your children can go to public school. You can be paid for your work. See Your rights in California without immigration status.

Many people without status have a path they don't know about, through family, harm they survived, their age or an old petition. See Ways undocumented people may get a green card.

Can my status be different from my family's?

Yes. Each person has their own status. Parents may have none, one child may have DACA, and a younger child born here is a U.S. citizen. The Supreme Court confirmed on June 30, 2026 that the executive order limiting birthright citizenship is unconstitutional, so children born in the U.S. remain citizens. A mixed status family should plan together. See Make a family preparedness plan.

Is there a worksheet I can print?

Questions people ask

My green card expired. Am I still a resident? Yes. The card expired, not your status. Renew it with Form I-90. A pending I-90 receipt extends proof of your status for 36 months.

I have a work permit and a Social Security number. Am I legal? Those show permission to work. Your status depends on the reason you got them. Check the category on the card.

I was released at the border with a court date. What am I? You are probably in removal proceedings, and you may or may not have been paroled. Check EOIR and show your release papers to a lawyer.

Does a state ID or driver's license show status? No. California issues licenses without proof of status. It is not an immigration document.

Who can help?

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

• CLSEPA, East Palo Alto (San Mateo and Santa Clara counties). 650-326-6440. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road. clsepa.org
• Immigration Institute of the Bay Area, Redwood City. Free first consultation by appointment, (650) 587-1558. iibayarea.org
• San Mateo County Immigrant Services (San Mateo County residents). (650) 363-4194. smcgov.org
• Anywhere in California: CDSS legal services list. Anywhere in the U.S.: immigration court pro bono list.

Never pay someone who is not a lawyer or a DOJ accredited representative for advice about your status. See Warning signs of an immigration scam.