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 West Virginia, 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. These individuals are not considered legal residents until they adjust their status to that of a Lawful Permanent Resident (LPR), commonly referred to as obtaining a green card. During the application process for LPR status, they remain unauthorized despite possibly having work authorization. Temporary Protected Status (TPS) beneficiaries are a distinct category; while they do not have a permanent immigration status, they are not considered unauthorized because they are legally allowed to stay and work in the U.S. temporarily due to conditions in their home countries that prevent safe return.