Ask Experts Questions for FREE Help !
Ask
    lovergirl2630's Avatar
    lovergirl2630 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 21, 2011, 05:42 PM
    I am here on a student Visa, Am I still considered a Legal resident?
    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's Avatar
    gwop Posts: 23, Reputation: 3
    New Member
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Permanent Resident Married to a spouse with a student Visa. [ 1 Answers ]

Permanent resident in 2010 married a person with a student VISA. He is a Spanish citizen. He has income in Spain and files a Spanish tax return. CAn we file a W-7, and file a joint tax return. If so do we have to report the Spanish wages in the 1040. They were earned prior to the marriage.

F-1 student with past J-1 visa, will it all be counted for resident status? [ 2 Answers ]

Hello experts, I have a question regarding the five year rule to determine resident status for international student. As described in the table below, I have been in the US with F-1 visa since 2007 to now (currently OPT). I also had J-1 from 2004 to 2005 for international exchange study, and I...

Is F1 visa holder a LPR (legal permanent resident) ? [ 1 Answers ]

I am on F1 visa and I am inviting and sponsoring my parents to visit USA. While applying for online Visa, there is a column 'Relative's status' and options are 1) U.S. citizen, 2) LPR, 3) Nonimmigrant and 4) Other/I don't know. What should they fill up over here ?

Can F-1 Visa Student be resident in KY? [ 1 Answers ]

I'm currently student in Blue Grass Community Technical College as an International Student. I have F-1 Visa right now. I graduated from private high school in KY. I want to ask professional person who knows about state law in Kentucky. I'm trying to pay in-state tution for BCTC (Blue Grass...

Legal status (student visa) becoming legal resident? [ 2 Answers ]

Hi, I am a legal resident green card holder and have been so for 28 years. I met someone and fell in love and got married. The problem is she is here on a student visa. I would like to know if it is possible for her to obtain legal obtain status. There are a few circumstances that I feel that may...


View more questions Search