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.”

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.

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.

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.