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 Pennsylvania, 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 authorization or have overstayed their visas. These individuals do not have legal resident status, and their presence in the U.S. is considered unlawful. However, some may be granted work authorization or protection from deportation under certain circumstances, such as applying for adjustment of status to become a Lawful Permanent Resident (LPR) or being a beneficiary of Temporary Protected Status (TPS). It's important to note that while TPS beneficiaries are not considered unlawfully present, they do not have a recognized path to permanent residency through TPS alone. Unauthorized immigrants in Pennsylvania seeking to adjust their status to LPR must navigate complex federal immigration laws and may benefit from consulting with an attorney who specializes in immigration law.