Item 18 on Form I-765, Application for Employment Authorization, asks for “Status at Last Entry.” Your Status at Last Entry is the visa category you held when you last entered the U.S. and were admitted by U.S. Customs and Border Protection (CBP). The visa category describes the basis that you were admitted into the United States. You can generally find this information inside your visa or I-94 arrival departure record.
Status at Last Entry on Visa
If you have a visa, you can locate your status at last entry on it. Your visa may be inside your passport. In the example below, the immigration status is listed as “B1/B2” underneath Visa Type/Class.
Status at Last Entry on I-94
If you have an arrival/departure record, you can locate your status at last entry on Form I-94. Although you may not realize it, air and sea travelers automatically receive an electronic I-94 record. So you may have to look it up on the CBP I-94 Website.
In the example below, the immigration status is listed as “B1” at the bottom of the record. Of course, you need to make sure you are looking at the most recent record.
CBP has been issuing electronic I-94 records for several years. If you entered prior to May 2013, you may have a paper Form I-94.
No Lawful Status
If you entered the U.S. without inspection (without papers), you did not enter with legal status. Therefore, your status at last entry was “No Lawful Status.” However, it’s possible for someone to have entered the United States with a valid visa that has since expired. In this case, the person may be in a current immigration status of “No Lawful Status.”
“No Lawful Status” can mean different things. If you’ve spent any period of time in the United States without a lawful status, speak to an immigration attorney before filing any USCIS forms.