Current Immigration Status vs. Status at Last Arrival on Form I-765

Current Immigration Status vs. Status at Last Arrival on Form I-765 I-765, Application for Employment Authorization Form I-765

How do I answer "status at last arrival" and "current immigration status"?

Employment Authorization

When completing Form I-765, Application for Employment Authorization, the form asks two questions that confuse many applicants: “immigration status at your last arrival” and “current immigration status or category.” They are similar, but they refer to two different points in time.

If you mix them up, U.S. Citizenship and Immigration Services (USCIS) may delay your work permit or send a request for evidence (RFE). This guide explains the difference in plain language and shows how to answer each question correctly.

Key Takeaways

  • Form I-765 asks about two moments in time. One question is about your last entry; the other is about your status today.
  • Use your I-94 for last arrival. It shows how you were admitted or paroled.
  • Use USCIS notices for current status. Receipt and approval notices define your category now.
  • Different answers are common. This happens when your status changed or a case is pending.
  • Do not guess. Checking documents helps avoid delays or RFEs.

Why Form I-765 Asks These Two Questions

USCIS is trying to confirm two facts in Part 2, Items 24-25 of Form I-765:

  • Immigration Status At Your Last Arrival: This explains how you last entered the United States (your admission or parole at entry).
  • Your Current Immigration Status or Category: This indicates what your legal category is now (your present nonimmigrant status, protection, or pending case), which may have changed.

For many applicants, these answers are not the same. That’s not unusual.

Immigration Status at Your Last Arrival: How to Answer

This field asks what status you were given at the moment you last entered the U.S. In most cases, the best source is your Form I-94 Arrival/Departure Record, because it shows how you were admitted (or paroled) and generally lists a “class of admission.”

Where to Find the Correct Answer for “Status at Last Arrival”

Use these sources in this order:

  1. I-94 record (best source for most people)
    Look for the “Class of Admission” or just "Class" on your Form I-94. Possible examples include: B-2, F-1, H-1B, K-1, J-1, and Parole. Use the button below to look up your electronic I-94 on the Customs and Border Protection website.
  2. Passport admission stamp (backup source)
    Your stamp often includes a class like B2 or F1. It may appear near the "Admit until” date.
  3. Your visa foil (helpful but not always decisive)
    A visa shows what you requested to enter with. It does not always prove what you were admitted as. That's why the I-94 is a preferred source.
  4. Entry documents (situational)
    • F-1/J-1: I-20 or DS-2019 supports the category, but the I-94 still matters most
    • Parole/advance parole: parole documents may support “parole” if the I-94 shows it
CBP I-94 Lookup

Quick Examples

  • Entered with a B-2 visa → B-2 visitor
  • Entered with a K-1 visa → K-1 fiancé(e)
  • Entered using advance parole → Parole
  • Entered with an F-1 visa → F-1 student
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Current Immigration Status or Category: How to Answer

This field asks what your status or category is today, on the day you file Form I-765. Sometimes the answer is a standard status (like F-1 or H-1B). Other times it reflects a pending case (like asylum) or a protection category (like DACA or TPS).

Where to Find the Correct Answer for “Current Immigration Status or Category”

Use the document that matches your situation:

  • If you currently hold a nonimmigrant status (F-1, H-1B, L-1, etc.)
    If USCIS approved a change/extension of status, your I-797 (Notice of Action) and attached I-94 (if included) may reflect your current status even if you did not travel. Check your:
    • Current I-94 (class of admission and admit-until date)
    • Most recent I-797 approval notice, if you changed or extended status inside the U.S.
    • Supporting school/work documents (I-20, DS-2019), as a cross-check
  • If you are applying as an asylum applicant
    Your “current” category is usually based on the pending asylum case. Check your:
    • I-589 receipt notice (Form I-797C)
    • Any USCIS notices confirming the case is pending
  • If you were paroled into the U.S. and remain in parole
    Your current category may still be parole, unless something else changed (for example, you later filed asylum and are now an asylum applicant). Check:
    • Your current I-94, which often shows parole
    • Any parole authorization document

How These Two Answers Commonly Differ

Use this table to sanity-check your answers. The left column is “then.” The right column is “now.”

SituationStatus at Last ArrivalCurrent Immigration Status
K-1 fiancé(e) who married and filed AOSK-1 fiancé(e)Adjustment applicant
B-2 visitor who filed asylum claimB-2 visitorAsylum applicant
Entered on advance parole while AOS pendingParoleAdjustment applicant
TPS holder who traveled with TPS permissionParoleTemporary protected status

If your answers look identical but your situation changed after entry, re-check your sources.

Common Mistakes That Delay Work Permits

These are some of the issues that cause the most confusion and can create processing delays if not answered correctly:

  • Using your current status for both fields
  • Writing “pending” as your status at last arrival
  • Using the visa type without confirming what the I-94 says
  • Leaving a field blank
  • Guessing instead of checking your I-94 or USCIS notices

A few minutes of document checking can prevent weeks of delay.

FAQs: Current Immigration Status and Status at Last Arrival

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