Bench & Bar March/April 2026

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of the total U.S. population. 1 This figure reflects decades of growth as well as shifting patterns of global migration. Historically, the pro portion of foreign born individuals hovered around similar levels in the late 19 th and early 20 th centu ries, declined mid century, and then rose steadily after the Immi gration and Nationality Act of 1965 eliminated national origin quotas. 2 Within the immigrant population, there is considerable diversity in legal status. A substantial share are naturalized U.S. citizens, individu als who were born abroad and later acquired citizenship through the naturalization process. Others are lawful permanent residents (LPRs) with “green cards,” while some hold various types of temporary visas. Still others lack a current lawful status yet remain in the country under complex, and often precarious, circumstances. LAWFUL VS. UNLAWFUL PRESENCE A persistent public and policy debate surrounds the size of the undocumented immigrant popu lation in the United States. While precise figures are elusive due to the very nature of unlawful pres ence, some research organizations estimate that around 13-14 million individuals lived in the United States without full lawful status as of 2023. 3 Unauthorized immi grants may include individuals who entered without inspection ( i.e. , crossing between ports of entry) or those who entered law fully on a temporary basis and later overstayed their authorized period. 4 Notably, many unlawful immi grants have temporary protection from deportation, such as pending asylum applications or humanitar ian protections, even though they

are not classified as lawful permanent res idents or citizens under immigration law. This means that estimates of the unlawful population often include individuals with some form of temporary legal protection. 5 Understanding the distinction between lawful and unlawful presence is critical in numerous legal contexts. A criminal con viction that results in loss of lawful status may expose a client to removal proceedings, while immigration status can also affect eli gibility for public benefits, driver’s licenses, or professional licensing. IMMIGRATION STATUS:

IMMIGRANT VS. NONIMMIGRANT

At the most fundamental level, immigra tion law distinguishes between immigrant (permanent) status and nonimmigrant (temporary) status.

NONIMMIGRANT VISAS (TEMPORARY STATUS)

Nonimmigrant visas are issued to foreign nationals who seek entry into the United States for a limited and specific purpose. In recent years, millions of nonimmigrant visas have been issued annually, including 11 million in 2024, representing a sizeable portion of individuals entering or residing temporarily in the United States. 6 There are dozens of nonimmigrant visa categories aimed at temporary travel for tourism, business, study, work, or other specialized activities. Common examples include: • B 1/B 2 visas for business and tourism; • F 1 visas for students; • H 1B visas for specialty occupation workers; and

• O visas for individuals with extraordinary ability in arts, sciences, or athletics.

To obtain a nonimmigrant visa, an appli cant generally must demonstrate that they

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