The unauthorized or undocumented resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave.

Unauthorized residents applying for adjustment to lawful permanent resident (LPR) status under the Immigration and Nationality Act (INA) are unauthorized until they have been granted lawful permanent residence (a green card)—even though they may have been authorized to work. Persons who are beneficiaries of Temporary Protected Status (TPS) are not technically unauthorized.

In Arkansas, as in all states, the definition and treatment of unauthorized or undocumented resident immigrants are primarily governed by federal law, specifically the Immigration and Nationality Act (INA). Unauthorized immigrants are those who have entered the United States without proper inspection or have overstayed their visas. Until such individuals are granted lawful permanent resident status (LPR), also known as a green card, they remain unauthorized, even if they have received authorization to work. Temporary Protected Status (TPS) beneficiaries are considered to have a lawful status on a temporary basis and are not classified as unauthorized immigrants. It's important to note that while the federal government handles immigration enforcement and status adjustments, state laws may impact unauthorized immigrants in areas such as education, employment, and access to public services. An attorney specializing in immigration law can provide guidance on the complexities of adjusting status from unauthorized to lawful permanent resident.