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View Full Version : I am here on a student Visa, Am I still considered a Legal resident?


lovergirl2630
Nov 21, 2011, 05:42 PM
Hi, I was just wondering if I am considered a US Resident. I am originally from South Africa but I moved here about 8 years ago on a student visa. Whenever I apply for sweepstakes and stuff, it always says "US Residents or Legal Residents only" I was just wondering if that applies to me or only to people with a green card. Technically I am a legal resident because I am here legally and the government knows about me. It just whether I'm considered one or not...

gwop
Nov 25, 2011, 04:23 PM
Although visa and immigration status are closely related in many ways, they are completely different. A visa is basically a travel document issued by the Department of State (DOS) that allows the visa bearer to travel to a port of entry. The visa holder's immigration status, if admitted, is then determined by Customs and Border Protection (CBP) at the POE. If the visitor wishes to extend his/her stay or change status, the request is handled by the United States Citizenship and Immigration Services (USCIS).

Therefore, yes you are here legally, but on a temporary non-immigrant visa which allows you to be here, but according to Immigration your are still a resident of your own country until you Adjust your status by obtaining a green card. For example I have been here in the US since 1997 and I first came on an F-1 Student visa. Then I was sponsored by a Company for an H-1B and then E-2 visa. I got married in 2008 and on January 2010 I got my conditional green card and only then my status changed to permanent resident. So although I have physically been here for the last 13 yrs accoding to Immigration I have only been a resident for the last two.

Of course when it comes to pay taxes you are "residing" here for a centain number of days out of the year so you're considered a resident of that state and have to pay both state and federal taxes accordingly.