Mazur Law Firm, PC

10/07/2026

Lawful status, period of authorized stay, and unlawful presence are closely related immigration concepts, but each has a distinct legal meaning that can directly impact your immigration case. The American Immigration Lawyers Association has put together a flyer explaining the key differences. This information is offered for educational purposes only and should not be taken as legal advice. Please contact a qualified immigration attorney for more information about your specific case.

WHAT TO KNOW ABOUT LAWFUL STATUS, PERIODS OF AUTHORIZED STAY, AND UNLAWFUL PRESENCE:

>What Is Lawful Status?
Lawful status means you have permission to be in the U.S. under a specific immigration category for a set purpose and a
certain period of time. For example, F-1 status is for students and B-2 status is for tourists.

Lawful status is documented in the form of an I-94, which is an official record created by Customs and Border Protection
(CBP), or the United States Citizenship and Immigration Services (USCIS). The I-94 contains important information,
including the noncitizen’s status, class of admission, and how long they are allowed to remain in the United States. You
may not receive a physical copy of the I-94, but an electronic record is available at i94.cbp.dhs.gov.

If your I-94 has an expiration date, you must either leave the U.S. or apply for an extension or change of status before
then. You also must follow all rules for your specific immigration category to keep your lawful status. For example,
an individual in H-4 status can only work if they have a valid Employment Authorization Document (EAD). If they work
without permission, they have violated their status and may lose their lawful status.

>What is a Period of Authorized Stay?
Sometimes, you may be legally allowed to stay in the United States even if your lawful status has expired. This is called
a period of authorized stay. For example, if you apply to extend or change your status before your I-94 expires, you may
remain in the United States while you wait for a decision on your case. Similarly, individuals with pending asylum or
green card applications may also be in a period of authorized stay.
Important: Being in a period of authorized stay is not the same as being in lawful status, but it may help you avoid
accruing unlawful presence while your application is pending. Recently, ICE has arrested individuals in a period of
authorized stay, even those with work authorization. As this is a new government practice, it is important to speak to
your attorney about your situation.

>What is Unlawful Presence?
Unlawful presence generally begins when your permission to stay in the United States ends and you do not have a
pending immigration application or another legal basis to remain.
Too much unlawful presence can lead to serious consequences. In some cases, it can prevent you from returning to
the United States for 3 or 10 years after you leave. Contact your immigration attorney for support.

10/07/2026

08/05/2026

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy letter clarifying that applicants requesting immigration statuses and benefits must establish eligibility for the immigration request at the time they file the application. To do so, they must submit all required evidence and materials with the application request. USCIS indicates that failure to demonstrate eligibility or provide all the required initial evidence with the application may result in an immediate denial.

Under previous policies, officers were encouraged to first request additional evidence before denying a benefit request by issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Now, USCIS seeks to reduce "frivolous" or substantially incomplete filings to reduce processing wait times for others in the application queue.

This policy is effective immediately and applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy.

More information can be found in the policy letter here:
https://links-2.govdelivery.com/CL0/https:%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2Fdocument%2Fpolicy-manual-updates%2F20260805-EvidentiaryStandards.pdf/1/0101019fd3581804-f690b1ac-d10b-4103-98d3-b36129aae353-000000/D1csiR1juq5Cj0LN17LJtyRHi_5AXfKgVIjMMMQ0YBg=452

https://www.uscis.gov/newsroom/alerts/uscis-to-reduce-frivolous-immigration-benefits-requests-by-reinforcing-evidence-standards

U.S. Citizenship and Immigration Services (USCIS) is clarifying that benefit requestors should establish eligibility for an immigration benefit at the time they file a benefit request.

07/22/2026

Following the July 21 court order addressing TPS-based employment authorization validity dates, we are sharing a letter to employers from the National TPS Alliance. The letter can be found at this link:
https://www.nationaltpsalliance.org/wp-content/uploads/2026/07/VAM-v-USCIS_2026-07-21_Letter-for-Employers_FINAL-1.pdf

07/22/2026

Boston — A federal court today granted emergency relief preventing the federal government from implementing unlawful U.S. Citizenship and Immigration Services (USCIS) policies that threatened to strip…

05/22/2026

USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the U.S. Department of State.

We're returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.

Here’s what you should know: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary

04/11/2026

In addition to the 90-day timeline, Ahmad’s bill would establish other guidelines for how local agencies process applications for the special immigration statuses known as U visas and T visas. 🔗: https://ebx.sh/bcqWUg