Entry to the United States is considered lawful when you're formally allowed in by immigration officials, either via admission or parole.
For most, lawful entry means arriving with the necessary travel documents, encountering a U.S. immigration officer, and receiving their confirmation of your entry.
This official process typically takes place at entry points like airports or seaports, where travelers present their passport and visa for inspection. At some land borders, officials might permit entry by signaling to those in vehicles, which also qualifies as lawful if the traveler possesses the correct documents.
Visitors are often given an electronic I-94 record upon arrival or departure, serving as proof of lawful entry.
At land border points, a paper version might be provided. The I-94 is key evidence of your authorized stay. Other documents that validate lawful admission include:
A non-U.S. passport that has been stamped with the date of entry and type of admission by a U.S. border authority.
A current Canadian passport for citizens of Canada.
A valid Border Crossing Card for citizens of Mexico.
An expired visa doesn't negate a lawful entry if the visa was valid when you first arrived. Take, for instance, someone under DACA who initially entered without inspection but later exited the U.S. and re-entered legally under advance parole; this individual is recognized as having a lawful re-entry. Note that this is not exhaustive and while it applies to a majority there are always complex unique situations. USAPath has elected to not handle these complex situations which warrant an experienced immigration attorney's advise; those affected are advised to seek legal counsel from an immigration lawyer