What is the difference between Illegal and Overstay?

[Myopia 93]

To me it means the same thing.

Overstay, Out of status means the same thing as Illegal and Undocumented.

Doesn't it?

[Inky 1,110]

Overstay is someone who stayed past the validity of their visa or alloted travel time.

Illegal is someone who entered illegally without a visa AKA swam from a boat to the shore. Arrived in a shipping container undetected etc. Without documentation.

[YuAndDan 153]

No, Overstay or out of status means entered the USA legally on a valid visa or by Visa Waiver Program and failed to leave the USA when their allowed stay ended.

Illegal or undocumented means they entered the USA without visa and without inspection through a port of entry, for example swimming across the Rio-Grand, making a run across the desert or even perhaps entering the USA from Canada anywhere along the open boarder, boating across the great lakes...

[Haarp425 26]

Undocumented alien (an alien who was NOT inspected) is illegal alien.

Documented alien (an alien who was inspected) can be legal alien if he/she did not overstay.

Documented alien can become an illegal alien if he/she overstayed.

From USCIS

An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a097136d2035f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

[Harpa Timsah 13,258]

I think they are the same thing. People on VJ (and I have read it is unique to VJ) say "out-of-status" to lessen the blow to people who entered with a visa and overstayed, and to distinguish that from EWI. But really, overstaying your visa is illegal. And for most people, overstaying your visa leads to the inability to AOS (exception for immediate family members) and everyone, no matter their familial relationships, who accrues 180 days of unlawful presence (of any type, overstay or EWI) will trigger a ban on leaving. That, to me, says illegal. Sometimes, I think the US expects some out-of-status illegal days, like the in the case of a K-1 visa holder who marries on 89th day, but they still are accumulating days of illegal presence (forgiven, obviously, when they AOS).

[JoannaV 174]

It is often necessary to use a different term to "illegal", that is it is often necessary to specify what kind of illegal one is talking about. The issues affecting an undocumented alien are different from those affecting an alien who has overstayed. You're right, that they are both illegal. But in many discussions it is more useful to use terms that provide more information.

[JimVaPhuong 4,863]

When referring to someone's immigration status, there's no difference between the two terms. When referring to how they entered the US originally, there's a huge difference. When people on VJ say someone is "illegal" they are usually referring to how they entered the US. Since everyone here generally understands what is meant I don't really see a problem in the way the terms are used. It certainly doesn't bother me nearly as much as contrived phrases like "undocumented immigrant". Taken literally, that term would mean a lawful permanent resident who has lost their green card, rather than someone who has entered the country illegally and/or remained here without authorization.