A
A# or 'A' Number - Alien Registration number. An A# is issued to all aliens applying for permanent residence
AC21- AC21 stands for American Competitiveness in the 21 Century Act, enacted in October 2000. AC21 provides, among other things, a portability rule that applies to H-1B nonimmigrant petition as well as employment-based immigrant petitions.First, H-1B portability allows certain current H1B workers to begin work for the new employer upon filing the petition, rather than waiting for approval; Second, it also allows current H-1B workers to extend the H1B status beyond 6 years if the I-140 or I-485 is pending and one started the employment-based immigration petitions a year prior; Third, it allows the USCIS to approve the I-485 for a new employer if job is similar and I-485 has been pending for at least 180 days.
Acquired Citizenship - Citizenship conferred at birth on children born abroad to a U.S. citizen parent(s)..
Affidavit of Support Also known as I-864 (for immigrant petitions) or I-134(for nonimmigrant petitions), is a CIS form filed to show that an intending immigrant has adequate means of financial support and is not likely to become a public charge.
Age Out- "Age Out" arises in a situation referring to a person applies for adjustment of status, consular processing, or naturalization as a "child", and during the processing of the application, the "child" turns the age of 21, and "Ages Out". Under the immigration laws, a child is defined as an unmarried person under the age of 21. In many instances, alien children are eligible for immigration benefits if they are the child of U.S. citizen or permanent resident or the child of a beneficiary to an immigrant petition or the child as a derivative beneficiary of the parent's employment based immigration. In accordance with previous immigration laws, in these situations, children who turn 21 before their applications for adjustment of status or applications for immigration visa are adjudicated are "Aging Out", and they lose their eligibility for a green card which they would have had but for their attainment of the age of 21. However, the "Child Status Protection Act" (CSPA) changes the scenarios of "Age Out" preventing these children applicants from "aging out" under certain circumstances.
Adjustment to Immigrant Status - Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.
Advance Parole - Document required to leave the U.S. while adjustment to lawful permanent resident is pending
Alien - Any person not a citizen or national of the United States.
Application Support Centers - USCIS Offices fingerprint applicants for immigration benefits. Some USCIS applications, such as the Application for Naturalization or the Application to Register Permanent Residence or Adjust Status, require the USCIS to conduct a FBI fingerprint background check on the applicant. Most applicants that require a background check will be scheduled to appear at a specific Application Support Center (ASC) or Designated Law Enforcement Agency (DLEA) for fingerprinting.
Arrival-Departure Record (I-94): The admission card that most nonimmigrants are given on being admitted to the US. The date says how long can one lawfully remain in the US, unless immigration extends your stay.
Asylee - An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.
B
Beneficiaries - Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.
Border Crosser - An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours.
Business Necessity - business necessity means that a job requirement musthave a reasonable relationship to the occupation in the context of the employer’s business and is essential to perform in a reasonable manner the job duties as described by the employer
Business Nonimmigrant - An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources.
C
Cancellation of Removal - A discretionary remedy for a LAWFUL PERMANENT RESIDENT who has been a permanent resident for at least 5 years and has resided continuously in the United States for at least seven years after having been admitted in any status and has not been convicted of an AGGRAVATED FELONY, or anyone physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application or the date of a NOTICE TO APPEAR (NTA), who has been a person of good moral character during such period, has not been convicted of certain offenses, and who establishes that removal would result in exceptional and extremely unusual hardship to the applicant’s U.S. citizen or permanent resident SPOUSE, parent, or CHILD. Applicant can be absent from the United States for up to 180 days during the 10 years.
Change Of Status: Immigration can change you from one lawful status to another while you remain in America without the need for you to depart to obtain a visa in your new status. Once you leave America you must usually obtain a new visa before you return.
Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
Civil Surgeon – A medically trained, licensed and experienced doctor practicing in the U.S. who is certified by USCIS (U.S. Citizenship and Immigration Service). These medical professionals receive U.S. immigration-focused training in order to provide examinations as required by the CDC (Center for Disease Control and Prevention) and USCIS. For medical examinations given overseas, please see Panel Physician.
IMPORTANT: medical examinations will not be recognized if they are given by a doctor in the U.S. who is not a Civil Surgeon; please make sure that your appointment is with a Civil Surgeon or your results and documents will be invalid.
Conditional (Permanent) Resident - A status conferred on an alien SPOUSE and CHILD(ren) at the time of obtaining LAWFUL PERMANENT RESIDENT status, such status having been obtained: (1) on the basis of a marriage to a U.S. citizen or permanent resident spouse entered into less than two years prior to obtaining said status, or (2) as an immigrant investor, in which case it applies to the investor and the members of his or her family.
Consular Processing: A process equivalent to adjustment of status but for applicants who are outside the US. The forms are different and the questions vary slightly.
Country of -
Birth: The country in which a person is born.
Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.
Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.
Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
(Last) Residence: The country in which an alien habitually resided prior to entering the United States.
Nationality: The country of a person’s citizenship or country in which the person is deemed a national.
Crime of Moral Turpitude (CMT) – A criminal act “done contrary to justice, honesty, principle, or good morals; an act of baseness, vileness, or depravity in the private and social duties which a man owes his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man. Moral turpitude implies something immoral in itself, regardless of the fact whether it is punishable by law. It must not be merely mala prohibita, but the act itself must be inherently immoral. The doing of the act itself, and not its prohibition by statute, fixes the moral turpitude.” A crime of moral turpitude may be a ground for inadmissibility or removal.
D
Deferred Inspection - Deferred Inspection is the process of allowing an alien into the U.S. on a provisional basis, and requiring him/her to return to the port of entry at a later date with specific additional documentation. This process is invoked if the inspector at the port of entry is not certain whether the alien is eligible to enter the U.S. but the inspector believes that the necessary information could be obtained after the alien enters U.S.
Deportable Alien - 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.
Deportation - The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.
Derivative beneficiary - Derivative beneficiary is the dependent of the principal beneficiary
Derivative Citizenship - Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.
Diversity - A category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program.
Dual Intent: Certain nonimmigrants may have an intent to come to the US temporarily and at the same time may intend to remain in the US permanently. Visitors are not allowed to have such intent
Duration of Status (D/S) - In contrast to most other non-immigrants who receive a specific period of time to remain in the U.S. indicated on his/her I-94 card, an alien who obtains F-1 or J-1 status is allowed to remain in the U.S. for the duration of status. Duration of status for F-1 students is defined as the period of study as indicated on the I-20 plus any authorized post-completion practical training period as indicated on the employment authorization card, plus a 60-day grace period. For J-1 visitors, it is the duration of the program as indicated on the DS-2019 form (previously IAP-66), plus a 30-day grace period.
E
Employer Sanctions - The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.
Employment Authorization Card - Document which authorizes employment. Obtained through concurrently with or after an adjustment of status is filed. It may be renewed at one year intervals while the application for permanent residency is pending.
Exchange Visitor - An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.
Exclusion - Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien’s entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.
Expedited Removal – The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the USCIS to quickly remove certain inadmissible aliens from the United States. The authority covers aliens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. The authority covers aliens who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled by an immigration officer at a port of entry. USCIS has the authority to order the removal, and the alien is not referred to an immigration judge except under certain circumstances after an alien makes a claim to legal status in the United States or demonstrates a credible fear of persecution if returned to his or her home country.
F
Fiance(e)s of U.S. Citizen - A nonimmigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within ninety days after entry..
Foreign State of Chargeability - The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States, and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences. Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.
G
General Naturalization Provisions - The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period.
Green Card - Green Card is an evidence of lawful permanent resident, allowing its holder to live and work anywhere in the U.S., leave and re-enter the U.S. at any time, and the opportunity to become a U.S. citizen.
H
I
I-20 - When an alien is admitted to a U.S. school, the school will issue the alien student a SEVIS Form I-20. If the alien is physically outside the U.S., he/she need take the SEVIS Form I-20 to the appropriate U.S. Embassy or Consulate with jurisdiction over his/her place of permanent residence to apply for a student visa (F-1 visa). When the alien is already in the U.S. in another non-immigrant status, he may change his nonimmigrant status to F-1 status by submitting the SEVIS Form I-20 and other required documents to the USCIS service center that has jurisdiction over his/her application.
Immediate Relatives – Certain immigrants who, because of their close relationship to U.S. citizens, are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.
Immigrant - See Permanent Resident Alien.
Immigration Act of 1990 - Public Law 101-649 (Act of November 29, 1990), which increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements.
Immigrant Intent: The intent to remain permanently in the US. All visa applicants are legally presumed to have immigration intent unless he or she proves otherwise to a US consular or immigration office.
Immigrant Visa – A document “required by [USCIS] and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of [USCIS].” An immigrant visa permits an ALIEN to be admitted to the United States for permanent residence. An immigrant visa has a six-month validity and the intending immigrant must apply for ADMISSION during this period.
Immigration Judge - An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removal proceedings.
Immigration and Nationality Act - The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens.
Immigration Marriage Fraud Amendments of 1986 - Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an U.S. Citizenship and Immigration Services office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable.
Immigration Reform and Control Act (IRCA) of 1986 - Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.
Inadmissible - An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission.
INFOPASS (INS Passenger Accelerated Service System) – An automated system, utilizing kiosks at ports of entry, designed to reduce immigration inspection processing time for authorized travelers.
Intracompany Transferee – An alien, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien’s spouse and minor unmarried children.
L
Labor Certification - Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.
Labor Condition Application: An application filed by a sponsor in connection with an H-1B non-immigration visa application. The H-1B Labour Condition Application primarily requires that the employer pays the alien what an American should be paid for the job.
Lawful Permanent Resident (LPR) – A “green card” holder; one who has attained “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws.” Also called legal permanent resident.
Legalization Dependents - A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.
Legitimated - Most countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless:
1. only one of the parents is living, or
2. both of the parents have abandoned the child
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M
Medical and Legal Parolee - See Parolee.
Medical Waiver - A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis.
Migrant - A person who leaves his/her country of origin to seek residence in another country.
Motion to Reconsider - Immigration applicants or petitioners can make a formal request that the USCIS take another look at the case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision.
Motion to Reopen - Immigration applicants or petitioners can make a formal request that the USCIS take another look at the case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision. Additional evidence or information that was not available previously must be provided.
N
NACARA - Nicaraguan Adjustment and Central American Relief Act.
National of the United States – A U.S. citizen or a person who, though not a U.S. citizen, owes permanent allegiance to the United States. At the present time, the only noncitizen nationals of the United States are residents of American Samoa and Swains Island
Naturalization - The conferring, by any means, of citizenship upon a person after birth.
Naturalization Application - The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant’s place of residence.
No Objection Letter - Certain classes of J-1 "Exchange Visitor" require that the alien return to his/her home country or country of last permanent residency for a period of two (2) years after completion of the J-1 status. The foreign residency requirement may be waived provided your home country's government issues a "no objection" letter to the U.S. State Department indicating that it does not object to the waiver grant.
Notice to Appear (NTA) – A document issued by DHS to commence removal proceedings, effective April 1, 1997. This replaced the earlier Order to Show Cause (OSC).
Nonimmigrant - An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intra-company transferees, NATO officials, religious workers, and some others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.
North American Free-Trade Agreement (NAFTA) - Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.
Notice to Appear (NTA) - Notice to Appear is a document that places a person in removal proceedings. Once the USCIS files a Notice to Appear with the Immigration Court, an alien is officially in removal proceedings.
Nursing Relief Act of 1989 - Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain non-immigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.
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O
Orphan - The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States.
A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother).
Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States.
OPT - OPT stands for Optional Practical Training.OPT work authorization is designed to provide opportunities for employment to international students with F-1 status who wish to work in their field of study. During the period of OPT, a student will maintain F-1 visa status since it is considered to be part of the program of study. An F-1 student may not begin optional practical training until the date indicated on his or her
employment authorization document, Form I-766.
Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time.
Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated.
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P
.
Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:
1. Deferred inspection: authorized at the port upon alien’s arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.
2. Advance parole: authorized at an USCIS District office in advance of alien’s arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.
3. Port-of-entry parole: authorized at the port upon alien’s arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.
4. Humanitarian parole: authorized at USCIS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.
5. Significant Public Benefit Parole: authorized at USCIS headquarters Office of International Affairs for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings when there is a benefit to the government. These requests must be submitted by a law enforcement agency.
6. Overseas parole: authorized at an USCIS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens USCIS has processed through overseas parole have arrived under special legislation or international migration agreements.
Per-Country Limit - The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.
Permanent Resident - Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."
Permanent Resident Alien - an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.
Port of Entry – Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.
Portability - Portability applies to H-1B nonimmigrant petitions as well as employment-based immigrant petitions. First, H-1B portability allows certain current H1B workers to begin work for the new employer upon filing the petition, rather than waiting for approval; Second, it also allows current H-1B workers to extend the H1B status beyond 6 years if the I-140 or I-485 is pending and one started the employment-based immigration petitions a year prior; Third, it allows the USCIS to approve the I-485 for a new employer if job is similar and I-485 has been pending for at least 180 days
Port of Entry - Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.
Practical Training - One year work authorization for F-1 students who have terminated studies
Pre-inspection - Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant aliens.
Preference System (Immigration Act of 1990) - The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).
Prevailing Wage - Prevailing wages are the compensations that employers pay to the majority of workers of a certain occupation in a certain area. The Department of Labor and Industries establish prevailing wage for each trade and occupation employed in the performance of public work. Prevailing wages vary from county to county, and are reflective of local wage conditions. Therefore, there is no national prevailing wage
Principal Alien - The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).
Priority Date - In the USCIS Immigrant visa petition application process, the priority date is the date the petition was filed. If the alien relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa.
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R
Reduction in Recruitment (RIR) - RIR stands for “Reduction in Recruitment”. It is the fast track version of the Labor Certification process. A U.S. employer may petition for an RIR if the employer has, during a period of at least six (6) months, attempted to fill the position with reasonable efforts and has failed to find qualified U.S. workers. In essence, the employer is stating that the Labor Certification process is not necessary since the employer has already tested the labor market without success. If the State Workforce Commission finds that the evidence provided supports that the job recruitment campaign was continuous and a good faith effort was made to fill the position, the State supervised job recruitment campaign is waived and the case is recommended to the Department of Labor (DOL) for expedited review.
Refugee - Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.
Refugee-Parolee - A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Secretary of Homeland Security.
Regional Offices - The three USCIS Regional Offices that supervise the work of USCIS Districts and Border Patrol Sectors. The Regional Directors report to the Associate Director for Operations in USCIS Headquarters, Washington, DC. The three Regional Offices are located in (Eastern Region) Burlington, VT, (Central Region) Dallas, TX, and (Western Region) Laguna Nigel, CA.
Removal - The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.
Residence – The place of general abode, meaning a person’s principal, actual dwelling place in fact, without regard to intent.
RFE - Request for Evidence. This is a letter the INS uses to request additional information on a pending case.
Resettlement - Permanent relocation of refugees in a place outside their country of origin to allow them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.
Resident Alien - Applies to non-U.S. citizens currently residing in the United States. The term is applied in three different manners; please see Permanent Resident, Conditional Resident, and Returning Resident
Returning Resident - Any Lawful Permanent Resident who has been outside the United States and is returning to the U.S. Also defined as a "special immigrant." If outside of the U.S. for more than 180 days, must apply for readmission to the U.S. If outside of the U.S. for more than one year and is returning to his or her permanent residence in the United States, usually must have a re-entry documentation from USCIS or an immigrant visa from the Department of State.
S
SEVIS (Student and Exchange Visitor Information System) – An Internet-based software application developed by INS/DHS to track and minitor nonimmigrant students and exchange visitors and their dependents
Service Centers - Four offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits. The applications are mailed to INS Service Centers -- Service Centers are not staffed to receive walk-in applications or questions.
Special Immigrants - Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children.
Sponsor - There are many ways to sponsor an alien. The term "sponsor" in the immigration sense, often means to bring to the United States or "petition for". If you would like to sponsor, or petition for, a relative, please read the information entitled "How do I Bring my Family to the United States to Live?" If you would like to sponsor, or petition for, an employee, please see the instructions entitled "How Do I Get Immigrant Status Based on Employment?" If you would like to sponsor, or petition for, an overseas orphan, please refer to the information entitled "How do I bring an orphan to the United States to live?"
Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. This type of sponsorship is not, however, the first step in any immigration process.
In order to be a sponsor and file Form I-864, Affidavit of Support Under Section 213A of the Act, the following conditions must already be met:
1. You have already petitioned for your relative;
2. You have been notified that INS has approved the petition;
3. The visa for that relative is currently available;
4. The relative has been scheduled to appear to submit his or her application for an immigrant visa overseas to a Consular Officer (DOS Form OF-230) or is preparing to file for adjustment of status to that of a lawful permanent resident (on Form I-485, Application to Register Permanent Residence or Adjust Status) in the United States. In the case of the overseas relative, you, the petitioner will be informed as to where and when to submit Form I-864. In the case where the relative is in the United States, you, the petitioner will complete Form I-864 and give it to your relative to file along with his or her application for permanent residency.
If you are a U.S. citizen and are sponsoring, or petitioning for, your spouse, parents or minor children who are currently in the United States, the above conditions do not need to be met in that exact order. Your relative may file his or her application for adjustment of status to that of a lawful permanent resident at the same time you file the relative petition. If this is your situation, you, the petitioner, must complete Form I-864, Affidavit of Support, and the petition for your relative and give them to your relative to submit with the application for adjustment of status.
For further information on filing for adjustment of status to that of a lawful permanent resident, please refer to the instructions entitled "How Do I Become a Lawful Permanent Resident While in the United States?" For further information about being a sponsor on Form I-864, please see the instructions entitled "How Do I File an Affidavit of Support for a Relative?" or see "Affidavit of Support Package".
Stateless - Having no nationality.
Student - As a nonimmigrant class of admission, an alien coming temporarily to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.
Suboffices - Offices found in some Districts that serve a portion of the District’s jurisdiction. A Suboffice, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS’ customers.
Subject to the Numerical Limit - Categories of legal immigrants subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.
Successor-in-Interest - a person or entity who assumes the rights and takes over the responsibilities of another. For example, if a corporate merger creates a new entity, that new company may be a successor-in-interest. If a company is sponsoring employees, such as for the H1B or the green card, the successor employer is required to assume all immigration-related responsibilities / liabilities, even if it does not assume all corporate responsibilities.
T
Temporary Protected Status (TPS) - Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation. Removal proceedings are suspended against aliens while they are in Temporary Protected Status.
Temporary Resident - See Nonimmigrant.
Temporary Worker - An alien coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised existing classes and created new classes of nonimmigrant admission.
Ten-Year Bar - Under the U.S. immigration law, an alien who has illegally stayed in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Section 245(i) of the LIFE Act, however, lifts the ten-year bar for qualified aliens who apply for adjustment of status and were physically present in the United States on or before December 21, 2000, and whose immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001.
Three-Year Bar - Under the U.S. immigration law, an alien who has been illegally stayed in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years. Section 245(i) of the LIFE Act, however, lifts the three-year bar for qualified aliens who apply for adjustment of status and were physically present in the United States on or before December 21, 2000, and whose immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001.
Timely Filing - extension of status or change of status application must be filed within the period during which the alien is in an authorized nonimmigrant status, for example, uthorized period of admission. The failure to file timely may be excused by USCIS where the failure was due to “extraordinary circumstances” beyond the applicant’s control and the delay was commensurate with the circumstances, the applicant is a bona fide nonimmigrant not in removal proceedings and has not otherwise violated his or her nonimmigrant status
Treaty Trader or Investor - As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien’s spouse and unmarried minor children.
Two-Year Residence Requirement for J-1 - rtain classes of J-1 "Exchange Visitors" require that the alien return to his/her home country or country of last permanent residency for a period of two (2) years after their J-1 status completion.
U
Unlawful Presence -unlawful presence is a period of stay not authorized by the U.S. Attorney General. Usually it occurs when an alien enters without inspection, or when a lawfully admitted alien stays past the expiration date on his/her I-94 card without authorization by the U.S. Attorney General. Under the U.S. immigration law, an alien who has been illegally stayed in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years. An alien who has illegally stayed in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Section 245(i) of the LIFE Act, however, lifts the three-year and ten-year bar for qualified aliens who apply for adjustment of status and were physically present in the United States on or before December 21, 2000, and whose immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001
United States-Canada Free-Trade Agreement - Public Law 100-449 (Act of 9/28/88) established a special, reciprocal trading relationship between the United States and Canada. It provided two new classes of nonimmigrant admission for temporary visitors to the United States-Canadian citizen business persons and their spouses and unmarried minor children. Entry is facilitated for visitors seeking classification as visitors for business, treaty traders or investors, intracompany transferees, or other business people engaging in activities at a professional level. Such visitors are not required to obtain nonimmigrant visas, prior petitions, labor certifications, or prior approval but must satisfy the inspecting officer they are seeking entry to engage in activities at a professional level and that they are so qualified. The United States-Canada Free-Trade Agreement was superseded by the North American Free-Trade Agreement (NAFTA) as of 1/1/94.
V
Visa - A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (BCBP) immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport.
Visa Screen Certificate - visa Screen Certificate is a document that can be presented to a U.S. consular officer or, in the case of adjustment of status, the attorney general, as part of a visa application. The Visa Screen Certificate evidences that the holder has completed a required screening program for health care professionals, other than physicians, in order to qualify for certain occupational visas. Screening includes an assessment of the applicant's education to ensure it is comparable to a U.S. graduate in that same profession; verification that licenses are valid and unencumbered; English language proficiency; and, in the case of nurses, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® Examination.
Visa Waiver Program - Allows citizens of certain selected countries(Australia, France, United Kingdom, Germany), traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.
Voluntary Departure - The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.
W
Waiver - an exception to a rule, granted on a case-by-case basis. Waivers are discretionary and most types are very difficult to obtain. Particular waivers are set forth in various sections of the immigration law and each has its own criteria. An example of a complex waiver is if a person would otherwise be inadmissible to the U.S. but requests an exception to avoid family hardship.
Withdrawal - An arriving alien’s voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.
Work Permit – There is no single document in U.S. immigration law that is a “work permit”. Citizens, NATIONALS, and LAWFUL PERMANENT RESIDENTS of the United States are automatically authorized to be employed in the United States. Certain nonimmigrant visa categories include, as an incident of their status, employment authorization in the United States either with or without limitation to a particular employer or after application and approval from the USCIS for authorization to be employed. Virtually all employment authorization for nonimmigrants or undocumented aliens (where authorized) is limited as to time, and most such authorization is limited as to nature of employer and employment. Other aliens physically present in the United States may have the right to apply for an Employment Authorization Document (EAD).
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