Glossary of Immigration and Legal Terms   A B C D E F G H I J K L M N O P R S T U V W   A "A" Number The term used on the Alien Registration number. An “A" number is issued to all aliens applying for permanent residence. Academic Training This type of training is for students on a J-1 visa. The training is similar to students on an F-1 visa doing the Optional Professional Training (OPT). However, academic training is only for J-1 visa holders. Acquired Citizenship Citizenship bestowed at birth on children who are born overseas to U.S. citizen parent(s). Act Act means the "Immigration and Nationality Act" (or INA), as amended. Accompanying A type of visa in which family members travel with the principal applicant, (in immigrant visa cases, within six months of issuance of an immigrant visa to the principal applicant). ACWIA American Competitiveness and Workforce Improvemment Act of 1998. Adopted Child: An unmarried child under age 21, who was adopted while under the age of sixteen, and who has been in legal custody and lived with the adopting parent(s) for at least two years. These rules do not apply to orphans adopted by American Citizens. The adoption decree must give the child all the rights of a natural born child. Adjudication The term describing the USCIS process of reviewing and processing applications and petitions. Adjustment of Immigrant Status A process that permits a number of foreigners who are already in the United States to apply for immigrant status. Foreigners who enter the United States as non-immigrants, refugees, or parolees might have their status altered to that of legal permanent resident if they are qualified to obtain an immigrant visa and one is available right away. If the status is changed successfully, the alien is considered an immigrant as of the date of the adjustment regardless if the alien may have been in the United States for a long period of time. Admission Admission in immigration terms is related to the lawful entry into the United States after inspection and authorization by an immigration officer. Note that admission does exclude a person who is paroled or permitted to land temporarily. Admission Number The particular number is found on your I-94 card, which will change every time you enter the Unites States. Remember to give this card back once your leave the U.S. so there is a record of your U.S. entry and departure. Adoption See Orphan. Advance Parole The term used for legal permission to leave the United States and re-enter during the adjustment of the individuals status procedures. The following categories of people may need advance parole: people on a K-1 visa, asylum applicants, parolees, people with Temporary Protected Status (TPS) and some people trying to adjust status, while in the U.S. If these people do not apply for advance parole before they leave the United States, they may be unable to return. Advisory Opinion An opinion regarding a point of law from the Office of Visa Services in the Department of State, Washington, D.C. This opinion would be in answer to a question from an embassy or consulate about interpretation of immigration law, or in response to a request of review of the legal correctness of a visa refusal of an applicant or his/her representative. Affidavit of Support The affidavit of support is a sworn document provided by an individual who will provide financial support to an alien who seeks to adjust existing status or enter the United States. In some cases, the Affidavit of Support is required and needs to be included as a part of the petition process. There are two Affidavits of Support: Form I-864 and Form I-134. The law and regulations must be consulted to learn the appropriate use and requirements for each. Affiliated Associated or controlled by the same owner or authority. Aggravated Felony Aggravated Felony refers to more serious crimes. If you have committed an aggravated felony, you are not eligible for naturalization. The Immigration and Nationality Act and the laws in each state determine what is considered an aggravated felony Agent In immigrant visa processing the applicant selects a person who receives all correspondence regarding the case and pays the immigrant visa application processing fee. The agent can be the applicant, the petitioner or another person selected by the applicant. Agricultural Worker An agricultural worker is a foreign worker who is coming to the United States to carry out agricultural work or services, as defined by the Secretary of Labor, for a temporary period of time as a nonimmigrant. AILA Abbreviation for "American Immigration Lawyers Association." Alien Belonging to another country or people. A foreign born resident of a country who has not been naturalized. Aliens Previously Removed A term used to describe the inadmissibility for individuals previously removed from anywhere between 5 to 20 years, depending upon the circumstances of each case. INA Section 212(a)(9)(A), 8 USC Section 1182. AOS Affidavit of Support, Form I-864. A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support. Amerasian Act Public Law 97-359 (Act of 10/22/82) that permits certain Amerasian children to immigrate to the United States. An alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen for him/her to meet the requirements for benefits under this law. Amerasian (Vietnam) Immigrant visas are granted to Amerasians under Public Law 100-202 (Act of 12/22/87). This law grants aliens who are born in Vietnam after January 1, 1962, and before January 1, 1976 admission to the United States provided he/she was fathered by a U.S. citizen. The alien may be accompanied by spouses, children, and parents or guardians. Applicant The individual applying for visa, change of status or citizenship. Application for Immigrant Visa and Alien Registration The procedures for applying for immigrant status through a U.S. consulate. Application Support Centers (ASC) USCIS applications for Naturalization or to Register Permanent Residence or to Adjust Status necessitate the USCIS to carry out a FBI fingerprint background check on the applicant. Most applicants who require a background check have to be present for one at a specific Application Support Center (ASC) or Designated Law Enforcement Agency (DLEA) for fingerprinting purposes. Apprehension Apprehension refers to arresting a removable foreigner by U.S. Immigration and Customs Enforcement (ICE). Appointment Package The letter and documents that tell an applicant of the date of the immigrant visa interview. It includes forms that the applicant must complete before the interview and instructions for how to get everything ready for the interview. Approval Notice A U. S. Citizenship and Immigration Services (USCIS) immigration form, Notice of Action Form I-797, that says that USCIS has approved a petition, or request for extension of stay or change of status. AR-11, Alien's Change of Address Card The form you must submit to notify USCIS of a change in address. Arrival-Departure Card Also known as Form I-94, Arrival-Departure Record. The U.S. Customs and Border Protection official at the port-of-entry gives foreign visitors (all non-U.S. citizens) an Arrival-Departure Record, (a small white card) when they enter the United States. Recorded on this card is the immigrant classification and the authorized period of stay in the U.S. This is either recorded as a date or the entry of D/S, meaning duration of status. It is important to keep this card safe because it shows the length of time you are permitted and authorized by the Department of Homeland Security to stay in the U.S. It is best kept stapled with your passport, kept in a safe place. The visitors return the I-94 card when they leave the country. The I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record (green card) is for travelers on the Visa Waiver Program. ASC Abbreviation for USCIS "Application Support Center." Asylee A foreigner in the United States or at a port of entry who is established to be incapable or reluctant to go back to his or her country of nationality, or to ask for the protection from that country because of persecution or a well-substantiated fear of persecution. The reasons for fear of persecution have to be the foreigner’s race, religion, nationality, membership in a unique social group, or political views. The country of nationality is considered to be the country in which the foreigner most recently lived for those without any nationality. Asylees are entitled to adjust to the legal permanent resident category after one year of continuous presence in the United States. This category is limited to 10,000 adjustments per fiscal year. AD - Approval Date.   Top

B BCIS BCIS stands for the "Bureau of Citizenship and Immigration Services." Beneficiaries An applicant for a visa as named in a petition from the U. S. Citizenship and Immigration Services (USCIS).  Foreigners who obtain lawful immigration statuses as a result of their relationship to U.S. citizens, lawful permanent residents, or U.S. employers. 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. Immigration and Naturalization Service. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer. BIA Abbreviation for "Board of Immigrant Appeals.” Biometrics Biologically unique information used to identify individuals. This information can be used to verify identity or check against other entries in the database. The best known biometric is the fingerprint, but others include facial recognition and iris scans. Go to the U.S. Department of State Biometrics page to learn more. Bona Fide Genuine or true. Authentic. Border Crosser Border crosser is a foreign resident who reenters the United States after being not present for less than six months in Canada or Mexico. It also refers to a nonresident alien who reenters the United States via the Canadian border for stays that are less than six months or across the Mexican border for stays that are less than 72 hours. Border Patrol Sector - Any one of 21 geographic areas into which the United States is divided for the Immigration and Naturalization Service’s Border Patrol activities. Business Nonimmigrant A foreigner who enters the United States on a temporary basis to take part in commercial deals that do not involve lucrative work in the United States such as someone who is involved in international commerce on behalf of a foreign company.   Top

C Cancellation of Removal It is a legal procedure undertaken in front of an immigration judge in order to adjust the status of a foreigner from deportable to a legal permanent resident.  A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge. Cancelled Without Prejudice A stamp an embassy or consulate puts on a visa when there is a mistake in the visa or the visa is a duplicate visa (two of the same kind). It does not affect the validity of other visas in the passport. It does not mean that the passport holder will not get another visa. Case Number The National Visa Center (NVC) gives each immigrant petition a case number. This number has three letters followed by ten digits (numbers). The three letters are an abbreviation for the overseas embassy or consulate that will process the immigrant visa case (for example, GUZ for Guangzhou, CDJ for Ciudad Juarez). The digits tell us exactly when NVC created the case. For example a case with the number MNL2001747003 would be a case assigned to the U.S. Embassy in Manila. 2001 is the year in which NVC received the case from the USCIS (formerly INS). The Julian date is 747 plus 500, so this case was created on September 4, 2001, the 247th day of the year. The 003 shows that it was the third case created for Manila on that day. This case number is not the same as the USCIS receipt number, which is written on the Notice of Action, Form I-797, from the USCIS. A consular section abroad cannot find a case if all you have is the USCIS receipt number. Certificate of Citizenship A legal document that is issued to derivative citizens and foreigners who obtained U.S. citizenship in order to prove identity and U.S. citizenship. Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship). A document issued by the Department of Homeland Security as proof that the person is a U.S. citizen by birth (when born abroad) or derivation (not from naturalization). The Child Citizenship Act of 2001 gives American citizenship automatically to certain foreign-born children of American citizens. These children can apply for certificates of citizenship. Certificate of Naturalization An official document that is issued by the Department of Homeland Security. The certificate is the proof that an individual has become a U.S. citizen (naturalized) after immigration to the United States. Change of Status The application process of changing status from one immigration status to another immigration status.  Changing from one nonimmigrant visa status to another nonimmigrant visa status while a person is in the U.S. is permitted for some types of visas, if approved by USCIS. Requests for change of status must be made by the visa holder to the U. S. Citizenship and Immigration Services (USCIS). Charge/Chargeable There are numerical limits on the number of immigrant visas that can be granted to aliens form any one foreign country. This limit is the same for all countries. The limit is based on place of birth, not citizenship. Where the immigrant is "charged", means that person is counted towards a given country's numerical limit. For example, an immigrant born in Ethiopia is "charged" to Ethiopia, and therefore counted towards reaching the numerical limit for that country. The person would be "charged" to Ethiopia, even if the immigrant born in Ethiopia was born of Yemeni parents and has a passport from Yemen.      Although immigrants are normally "charged" to their country of birth, and immigrant is sometimes able to claim another for the sake of immigration. You would do this if it helps the immigrant in reaching the "cut-off date" date faster. For example, suppose you were born in India, but your spouse was born in Sudan. The "cut-off date" for a person born in India is earlier in family fourth preference immigration category than the "cut-off date" for a person born in Sudan. We can "charge" you to Sudan, rather than India, and you can use the more favorable cut-off date for Sudan. Therefore, you would be able to immigrate years earlier with a chargeability to Sudan than a chargeability to India.   Child The term generally refers to unmarried persons who are under age 21. There are many types of children: Born within a marriage. Stepchildren, but only if the child was under 18 years of age when the marriage that created the stepchild relationship took place. A legitimated child if the child was legitimated while in the legal custody of the legitimating parent. An adopted child under age 16 who has lived in the lawful custody of the adopting parents for a minimum of 2 years since adoption. An orphan under age 16 years who has been adopted overseas by a U.S. citizen or who is coming to the United States for adoption by a U.S. citizen CIS The abbreviation for "Citizenship and Immigration Services." See BCIS or USCIS. Citizenship Normally citizenship describes the country in which a person was born. However, a person can change citizenship in a process called naturalization. Civil Surgeons Doctors trained and certified by the U.S. Citizenship and Immigration Service. These are the doctors you should go to if USCIS asks you for immigration examinations. Cohabit To live together without a legal marriage ceremony. Common-law marriage An agreement between a man and woman to enter into marriage without a civil or religious ceremony. It may not be recognized as a marriage for immigration purposes. Community Based Organization (CBO) There are many CBOs that assist immigrants who are new to the U.S. and/or who need assistance with the naturalization process. A CBO will help you with your application and guide you through the naturalization process. Conditional Resident Conditional residents are those foreigners who have conditional permanent resident status such as the spouse of an American citizen. They are usually required to formally request the elimination of the set conditions before the second anniversary of the approval of his or her conditional status. Conditional residence visa If you have been married for less than two years when your husband or wife (spouse) gets lawful permanent resident status (gets a green card), then your spouse gets residence on a conditional basis. After two years you and your spouse must apply together to the Department of Homeland Security to remove the condition to the residence. The investor visa (EB5 or T5/C5) is also a conditional residence. It requires an application procedure after two years to remove the condition on the permanent residence. Constitution The U.S. Constitution is the supreme law of the United States. Any Changes to the Constitution are called Amendments. Consul A diplomat appointed by the United States government to protect its commercial interests and help its citizens in a foreign country. The consul is also responsible for issuing visas to non-U.S. citizens who wish to travel to the United States Consular Processing This is the application process an alien goes through to apply for permanent residency at a U.S. Consulate in his or her home country. The applicant must have an approved I-140 in addition to an immigrant number. Consulate Official United States government office located in foreign country. Consulates deal with foreign trade and visa issues. Consulates are normally located in major cities. Continued "Continued" is one of the three decisions that may be given after your interview: If your case is continued, your case is being put on hold until you retake the civics or English tests or submit additional documentation. Continuity of Residence When an alien is seeking U.S. residency, an absence of more than one year will automatically lead to a break of the continuity of the alien’s residence. The consequences of breaking the continuity is that the alien must begin the process all over again. While an applicant can get permission to leave the U.S. during the residency period, it is generally not recommended to do so. Continuous Residence Continuous residence is one of the key requirements for naturalization. Continuous residence may be broken if you leave the U.S. for six months or more on a single trip. Conviction The process of a formal judgment of guilt entered by a court of competent jurisdiction. Country of Birth: The country in which a person was born. Citizenship: It is the country where a person was born (if the person has not given up or lost his/her citizenship to that country), or the country of naturalization (if the person has taken citizenship to a country that is not his/her country of birth). (Last) Residence: The last country where a foreigner lived before coming into the United States. Former Allegiance: It is the former country of a person who became a citizen of the United States through naturalization or derivative citizenship. Nationality: The country of a person’s citizenship. CPT CPT stands for "Curricular Practical Training." CPT is a description for off-campus work permission granted to foreigners going to school or university in the U.S. where the work is a part of an internship. Crewman An alien who serves in a capacity obligatory for typical operations and service on board of a vessel or airplane.  Crewman - A foreign national serving in a capacity required for normal operations and service on board a vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he arrived. CSC Abbreviation for "California Service Center." Cuban/Haitian Entrant Cubans who came into the United States unlawfully or were paroled into the United States between April 15, 1980, and October 10, 1980, and Haitians who came into the United States unlawfully and were paroled into the country before January 1, 1981. Cubans and Haitians who have lived in the United States since before January 1, 1982, and who were recognized by U.S. immigration authorities before that date may change to permanent residents. Current/non-current There are numerical limits on the number of immigrant visas that can be granted to aliens from any one foreign country. The limit is based on place of birth, not citizenship. Because of the numerical limits, this means there is a waiting time before the immigrant visa can be granted. The terms current/non-current refer to the priority date of a petition in preference immigrant visa cases in relationship to the immigrant cut-off date. If your priority date is before than the cut-off date according to the monthly Visa Bulletin, your case is current. This means your immigrant visa case can now be processed. However, if your priority date is later/comes after the cut-off date, you will need to wait longer, until your priority date is reached (becomes current). To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663 1541.      Immediate relative immigrant visa cases do not have country numerical limits, with waiting times as a result of the country limits. The terms priority date, cut-off date and current/non-current does not apply for immediate relative cases. Cut-off Date The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa interview in any given month. The cut-off date is the priority date of the first applicant who could not get a visa interview for a given month. Applicants with a priority date before or earlier than the cut-off date can be scheduled. However, if your priority date is later (comes after) the cut-off date, you will need to wait longer, until your priority date is reached (becomes current). To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663-1541.     Top

D Deferred Inspection See Parolee. Denied "Denied" is one of three possible decisions of your interview: If your application is denied, you were not granted citizenship and will receive a document explaining the decision. There is an appeals process available in this case. Denomination/Sect A religious group or community. Department of Homeland Security (DHS) DHS is comprised of three main organizations responsible for immigration policies, procedures, implementation and enforcement of U.S. laws, and more. These DHS organizations include U. S. Citizenship and Immigration Services (USCIS), U. S. Customs and Border Protection (CBP) and U. S. Immigration and Customs Enforcement (ICE). Together they provide the basic governmental framework for regulating the flow of visitors, workers and immigrants to the United States. USCIS is responsible for the approval of all immigrant and nonimmigrant petitions, the authorization of permission to work in the U.S., the issuance of extensions of stay, change or adjustment of an applicant's status while the applicant is in the U.S, and more. CBP is responsible for admission of all travelers seeking entry into the U.S., and determining the length of authorized stay, if the traveler is admitted. Once in the United States the traveler falls under the jurisdiction of DHS. Visit the DHS site for more information. Department of Labor A cabinet level unit/ministry of United States Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the United States. Department of State The Department of State is an Executive Branch Department with jurisdiction over non-domestic issues. It is the government agency responsible for managing United States foreign affairs. Departure Under Safeguards The physical observation of an unlawful foreigner departing the United Sates by a U.S. Immigration and Customs Enforcement officer.   The departure of an illegal alien from the United States which is physically observed by an Immigration and Naturalization Service official. Dependent An official term used on the spouse and children of the principal applicant. Deportable Alien A deportable alien is anybody who entered the United States illegally or anybody who entered legally but breached the terms of his/her classification.  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 Deportation is the formal removal of an alien from the United States after he/she has been found removable for infringing the immigration laws. Deportation is ordered by an immigration judge.  - 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. Derivative Citizenship U.S. citizenship passed on to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, if certain conditions are met.  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. Derivative Status Getting a status (visa) through another applicant, as provided under immigration law for certain visa categories. For example, the spouse and children of an exchange visitor (J Visa holder), would be granted derivative status as a J-2 Visa holder. Derivative status is only possible if the principal applicant is issued a visa. DHS Abbreviation for "Department of Homeland Security." Districts Districts are geographic regions into which the United States and its territories are divided for Immigration and Naturalization Services purposes. There are 33 USCIS districts.  Geographic areas into which the United States and its territories are divided for the Immigration and Naturalization Service’s field operations or one of three overseas offices located in Rome, Bangkok, and Mexico City. Each District Office, headed by a District Director, has a specified service area that may include part of a state, an entire state, or many states. District Offices are where most INS field staff are located. District Offices are responsible for providing certain immigration services and benefits to people resident in their service area, and for enforcing immigration laws in that jurisdiction. Certain applications are filed directly with District Offices, many kinds of interviews are conducted at these Offices, and INS staff is available to answer questions, provide forms, etc. Diversity A category of immigrants from underrepresented countries and countries unfavorably affected by the Immigration and Nationality Act Amendments of 1965. The main goal of diversity visas is to increase immigrants from such countries. Diversity Country The description of a country that has low rates of immigration to the United States. The citizens of a diversity country can enter in the Diversity Visa Program. Diversity Immigrant Visa Program The United States Government issues 50,000 Green Cards every year through the Diversity Immigrant Visa Program, commonly known as the Green Card Lottery. Applicants are selected randomly by a computer-generated drawing. Docket Control The USCIS means for following the case status of possible removable foreigners. The INS mechanism for tracking the case status of potentially removable aliens.   Documentarily Qualified The description of an alien that has provided all documents by the consular officer as sufficient to meet the requirements of INA 222(b), and that necessary clearance procedures of the consular office have been completed. Note that the term "Documentarily Qualified" shall only be used to describe an alien's qualification to formally apply for an immigrant visa – not whether the applicant receives the visa or not. DOL "Department of Labor" of the United States.  Department of Labor. Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. First, employers must seek labor certification through the U.S. Department of Labor (DOL). Once the application is certified (approved), the employer must petition the U.S. Citizenship and Immigration Services (USCIS) for approval of the petition before applying for a visa DOS "Department of State" of the United States. Domicile Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas. Duration of Status In certain visa categories such as diplomats, students and exchange visitors, the alien may be admitted into the U.S. for as long as the person is still doing the activity for which the visa was issued, rather than being admitted until a specific departure dates. This is called admission for "duration of status". For students, the time during which a student is in a full course of study plus any authorized practical training, and following that, authorized time to depart the country, is duration of status. The length of time depends upon the course of study. For an undergraduate degree this is commonly four years (eight semesters). Normally the immigration officer gives a student permission to stay in the U.S. for "duration of status." Duration of Status (or D/S) is recorded on Form I-94, Arrival-Departure Record. The Department of Homeland Security U.S immigration inspector at port-of-entry gives foreign visitors (all non-U.S citizens) an Arrival-Departure Record, (a small white card) when they enter the United States. Recorded on this card is the visa classification and the authorized period of stay in the U.S. This is either recorded as a date or the entry or D/S, meaning duration of status. The I-94 is a very important card to make sure you keep, because it shows the length of time you are permitted and authorized by the Department of Homeland Security to stay in the U.S. Dual Intent Dual intent is the process of non-immigrants in E, H, and L status that may simultaneously have intent to stay in the U.S. temporarily or permanently. DV See Diversity Visa.     Top

E EAD An "Employment Authorization Document" (EAD) is a work authorization card that is issued by the USCIS. The EAD is the same size as a driver's license. Embassy or Consulate Official United States government office located in a foreign country. Embassies or Consulates are usually located in the capital of the country. Embassies deal with political, economic, and visa issues, for people abroad. 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.  U.S. employers who hire illegal immigrants are subject to civil fines or criminal penalties if a pattern of violations is found. Employer Verification The procedure established by the Immigration Reform and Control Act of 1986 (IRCA) requiring U.S. employers to verify the identity and eligibility of individuals to legally work. Form I-9 is used for all individuals (U.S. citizens and aliens) hired or referred for a fee on or after November 7, 1986. INA Section 274A, 8 USC Section 1324a. Employment Authorization Document (EAD) The official name for a work permit and authorization by the USCIS to legally take upon work in the United States. Employment Authorization Letter An employment letter is needed for employees who wish to be sponsored for nonimmigrant work status or permanent resident status. The letter is completed by the sponsoring employer. Entry Visa The visa that the US State Department adds to a page in an individual's passport. The granting of an entry visa means that the US State Department is eligible to enter the U.S. for a particular purpose. Note that an expired visa does not affect an individual's legal stay in the U.S. As long as the I-94 card is valid, the visa can be expired. However, if the individual leaves the U.S., a valid visa is necessary to enter again. One cannot enter the U.S. with an expired visa. EOIR Abbreviation for "Executive Office of Immigration Review." Examiner An immigration officer who will examine the validity or status of an alien. An officer who gives the test for civics or English. Exchange Visitor An exchange visitor is a foreigner who enters the United States temporarily as a partaker in an official program by the Secretary of State for the purpose temporarily. Some of the activities could be teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.  A foreign citizen coming to the United States to participate in a particular program in education, training, research, or other authorized exchange visitor program. See the Bureau of Educational and Cultural Affairs Exchange Visitor Program and the U.S. Department of State Exchange Visitor (J) Visas for more information. Exclusion Exclusion is the official term for denying an alien entry into the United States either through an expedited removal procedure or through removal proceedings in the presence of an immigration judge.  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 INS 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.   Extension of Stay The term used to describe the application process of extending the stay period listed on Form I-94.   Top

F F-1 Status F-1 is the visa type used by international students to enter the United States. The I-94 Form in the passport will be marked with the letters "F-1" and "D/S". D/S stands for "Duration of Status". Family First Preference A category of family immigration (F1) for unmarried sons and daughters of American citizens, and their children. Family Second Preference A category of family immigration (F2) for spouses, children and unmarried sons and daughters of lawful permanent residents. Family Third Preference A category of family immigration (F3) for married sons and daughters of American citizens and their spouses and children. Before 1992 this was known as Fourth Preference (P-4). Family Fourth Preference A category of family immigration (F4) for brothers and sisters of American citizens and their spouses and children. The American citizen must be 21 years of age or older before he/she can file the petition. Before 1992 this was known as Fifth Preference (P-5). Federal Poverty Guidelines The Department of Health and Human Services publishes a list every year giving the lowest income acceptable for a family of a particular size so that the family does not live in poverty. Consular officers use these figures in immigrant visa cases to determine whether a sponsor's income is sufficient to support a new immigrant, in accordance with U.S. immigration laws. Visit the U.S. Citizenship and Immigration Services Poverty Guidelines page for more information. Fiancé(e) of U.S. Citizen A nonimmigrant foreigner who enters the United States to finalize a valid marriage within ninety days of her/his entry with a U.S. citizen. Field Offices Offices found in some Districts that serve a portion of the District’s jurisdiction. A Field Office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to USCIS’ customers. Files Control Office An USCIS field office--either a district (including USCIS overseas offices) or a suboffice of that district--where alien case files are maintained and controlled. First Preference A category of family immigration (F1) for unmarried sons and daughters of American citizens and their children. Fiscal Year The US government's fiscal year starts October 1 and ends in September 30. Following to Join A type of derivative visa status when the family member gets a visa after the principal applicant. Foreign Affairs Manual (9 FAM) Foreign Affairs Manual 9, Chapter 41 relates to nonimmigrant visas. Chapter 42 covers immigrant visas. Chapter 40 relates to visa ineligibilities and waivers. Go to the U.S. Department of State site to review 9 FAM Visas. Foreign Alien/National A person born outside the U.S who is not a U.S. citizen or permanent resident. Foreign Government Official Foreigners who are accredited by a foreign government to work as diplomats, public ministers, career diplomatic or consular officials, other accredited officers, or assistants, servants or personal employees of accredited officials, and their spouses and dependent children. These officials enter the United States for a temporary period as non-immigrants. Foreign Information Media Representative A foreigner who enters the United States temporarily as a bona fide envoy of foreign press, radio, film, or other foreign information media and the foreigner's spouse and dependent children. Foreign State of Chargeability The independent country to which an immigrant under the preference scheme is credited.  . 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. Form DS- 2019 This is a document that the university or school a person is attending provides to the new student which allows him/her to enter the U.S. legally with a J-1 visa. Form G-325A Biographic Data Form (for United States filing only). Form I-94 A small white card normally stapled near your US visa stamp in your passport as you enter the US. This arrival/departure card records your arrivals and departures to and from the U.S. Form I-130 Petition for Alien Relative. Form I-131 Application for Travel Document. Also referred to as Advance Parole. Form I-485 Application for Permanent Residence. Form I-485A Supplemental form for Form I-485. Form I-693 Medical Examination of Aliens Seeking Adjustment of Status. Form I-751 Petition to Remove the Conditions of Residence. Form I-765 Application form for Employment Authorization. Form I-847 - Report of Complaint The I-847 may be submitted if you have a complaint about the service at USCIS. This form is addressed to USCIS Headquarters in Washington, D.C. Form I-864 Affidavit of support under Section 213A. Form N-400 Application for Naturalization The N-400 form is the application file to become naturalized. This form is only to be used by people over 18 years of age. Form N-445 - Notice of Naturalization Oath Ceremony The N-445 form will notify you of the time and place for the oath ceremony. On the back of the notice, there are questions that you might be asked by USCIS officers at the ceremony. Form N-470 - Application to Preserve Residence for Naturalization Purposes The N-470 form is filed if you are planning a trip outside the U.S. for more than one year but want to maintain your continuous residency status. Form N-565 -Application for Replacement Naturalization/Citizenship Document N-565 Form is used to request a replacement Certificate of Naturalization or Certificate of Citizenship if yours is lost. It may take a year before you receive a new Certificate of Naturalization or Certificate of Citizenship. Form N-600 - Application for Certificate of Citizenship The N-600 form requests a Certificate of Citizenship for people who are US citizens by birth or by law. If you were born to U.S. citizens in a foreign country, you may use this form to request a Certificate of Citizenship. Form N-648 - Medical Certification for Disability Exceptions You may file a form N-648 to apply for a disability exception. If you have medical disability that prevents you from taking the English and civics requirement, a certified doctor must complete and sign this form. Submit this form with your application. Fourth Preference A category of family immigration (F4) for brothers and sisters of American citizens and their spouses and children. The American citizen must be 21 years of age or older before he/she can file a petition. Before 1992 this was known as Fifth Preference (P-5). Full and Final Adoption A legal adoption in which the child receives all the rights of a natural born, legitimate child.     Top

G G-28 - Notice of Entry of Appearance as Attorney or Representative G-28 is filed if you want to bring a representative with you to the USCIS interview. You must file this with your N-400 application. General Naturalization Provisions The General provisions that every naturalization applicant must meet such as being 18 years of age, a legal permanent resident with five years of continuous residence in the United States who have been physically present in the country for half that period and who have a good character for at least that period. Geographic Area of Chargeability This term refers to Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe. The world is divided into these areas for the preliminary admittance of refugees to the United States.  Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings. Good Moral Character Good Moral Character is an eligibility requirement for naturalization. Honesty and criminal records will be considered by USCIS officers and FBI to determine applicants' moral character. Granted "Granted" is one of the decisions that may be given as a result of your interview. If your application is granted, it means that your application has been approved. You will become a U.S. citizen after taking the Oath of Allegiance Green Card A Green Card, officially known as a Permanent Resident Card (Form I-151 or Form I-551) is evidence of lawful permanent resident status in the United States. It allows a foreign national to live, work legally, travel abroad and return to the United States. Green Card holders may also apply for U.S. citizenship after a certain period of time.  A wallet-sized card showing that the person is a lawful permanent resident (immigrant) in the United States. It is also known as a permanent resident card (PRC), an alien registration receipt card and I-551. It was formerly green in color. Green Card Lottery The "Green Card Lottery" is a commonly used name for the Diversity Immigrant Visa Lottery program, which makes available 55,000 green cards through a random selection process. Participants in the lottery are required to satisfy certain nationality, work, and/or education requirements.   Top

H H-1B Worker The classification of an individual who qualifies to perform a specialty occupation in the Unites States. The current period is three years with an option to renew the H-1B visa for another 3 years after the first period is over. Hemispheric Ceilings The legal number of limitations on the number of immigrants entering the United States from all over the world.  Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit. Homeless Persons from countries that do not have an American Embassy or Consulate where they can apply for immigrant visas are "homeless." For example, the United States Government does not have an embassy in Iran. Residents of Iran are "homeless" for visa purposes. Household Income The calculation of the income used to determine whether a sponsor meets the minimum income requirements under Section 213A of the Immigration and Nationality Act (INA).   Top

I   I-551 (Green Card): Permanent residence card or alien registration receipt card or "green card." Illegal Alien A foreign person living in the United States who is not authorized to be here or whose authorization expired. Immediate Relatives Immediate relatives are spouses of U.S. citizens, unmarried citizens' children under the age 21, and parents of citizens 21 years of age or older. Immediate relatives are excused from the numerical limitations imposed on immigration to the United States. Immigrant See Permanent Resident Alien. Immigrant visa: A visa for a person who plans to live indefinitely and permanently in the United States. Immigration Act of 1990 Public Law 101-649 that increased the numerical limitations on legal immigration to the United States, amended the reasons for exclusion and deportation, allowed provisional protected status to foreigners of some countries, amended and established new nonimmigrant entrance classes, amended and extended the Visa Waiver Pilot Program, and amended naturalization authority and requirements. Immigration and Nationality Act The Act regulates the immigration, temporary admission, naturalization, and removal of aliens besides other U.S. immigration laws, treaties, and conventions. Immigration Judge A lawyer selected by the Attorney General, who will perform as an administrative judge within the Executive Office for Immigration Review. Immigration Judges are also in charge of removal proceedings. INA Section 240, 8 USC Section 1229a. Immigration Marriage Fraud Amendments of 1986 The law that discourages immigration-related marriage fraud by stipulating that foreigners who get their immigrant status based on a marriage of less than two years are conditional immigrants and should remove their conditional status by applying at an U.S. Citizenship and Immigration Services office during the 90-day period before the second-year anniversary of getting the conditional status. The conditional immigrant status may be ended and the foreigners deported if they cannot demonstrate that the marriage through which the status was obtained was and is a valid one. Immigration Reform and Control Act (IRCA) of 1986 The law which was passed to manage and discourage illegal immigration to the United States by making illegal foreigners who had been continuously unlawfully present since 1982 legal, legalizing certain agricultural workers, punishing employers who intentionally employ undocumented workers, and increasing enforcement at U.S. borders. Immigration Status An individual's immigration status is noted on the I-94 card by an Immigration Inspector at the U.S. port-of-entry. During the duration of a person's stay in the U.S., this designation is very important. A visa can for example expire if this designation is changed while you are in the United States. INA See "Immigration and Nationality Act." Inadmissible A term that refers to a foreigner who wants to enter the United States, but does not meet the entrance criteria set in the INA. The foreigner may be then removed or permitted to remove his/her application for admission in some cases. Industrial Trainee See Temporary Worker. Ineligible/Ineligibility Immigration law says that certain conditions and actions prevent a person from entering the United States. These conditions and activities are called ineligibilities, and the applicant is ineligible for (cannot get) a visa. Examples are selling drugs, active tuberculosis, being a terrorist, and using fraud to get a visa. INS Abbreviation of "Immigration and Naturalization Service." The INS changed its official name on March 1, 2003 to USCIS (United States Citizenship and Immigration Services). INS was an extension of the U.S. Justice Department with responsibility for the admission and control of aliens. In status It's important to understand the concept of immigration status and the consequences of violating that status. Being aware of the requirements and possible consequences will make it more likely that you can avoid problems with maintaining your status. Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered "out of status." For more information see "Out of Status" below. In Status means you are in compliance with the requirements of your visa type under immigration law. For example, you are a foreign student who entered the United States on a student visa. If you are a full time student and pursuing your course of study, and are not engaged in unauthorized employment, you are "in status." If you work full time in your uncle's convenience store and do not study, you are "out of status." Intending Immigrant A term used to describe any beneficiary of an immigrant visa petition filed under INA Section 204. An intending immigration is any individual who will accompany or follow-to-join the principal beneficiary. International Representative A nonimmigrant foreigner who enters the United States temporarily as a principal or other accredited representative of a foreign government to an international organization, an international organization officer or employee, and the foreigner's spouse and unmarried children. Intra-Company Transferee A foreigner who is engaged for at least one continuous year out of the last three by an international company and who requests to come into the United States temporarily to continue his/her work for the same employer as a manager, executive, or specialized worker, and the foreigner's spouse and unmarried children. IRCA See "Immigration Reform and Control Act" of 1986. IV: Immigrant Visa.     Top

J J-1 Exchange Visitor Visa J-1 visas are issued to individuals who take part in a wide range of exchange visitor programs sponsored by schools, businesses and a variety of organizations and institutions. The individual's Form I-94 should be marked "J-1" in addition to the letters "D/S" (Duration of Status). The duration of stay is the period of time that is noted on Form IAP-66/DS-2019. Joint Sponsor The description of a person who accepts legal responsibility for supporting an immigrant, with an I-864 Affidavit of Support along with the sponsor. There are certain requirements for joint sponsors: he or she must be at least 18 years of age, an American citizen or lawful permanent resident and have a domicile in the United States. Jurisdiction The term used to describe the level of authority to apply the law in a territory or region.   Top

K K-1 Fiancée/Fiancé Visa The K-1 Visa, also known as the Fiancée/Fiancé Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. K-3 Visa The K-3 Visa may be used by United States citizens who wish to bring their spouse here to the United States to process their application to become a permanent legal resident, rather than having their spouse wait for the entire process to be completed in their country.  The K-1 Visa is used to bring someone to the United States to marry them here.  The K-3 Visa is used when a U.S. citizen has already gotten married abroad. Kentucky Consular Center (KCC) KCC is a U.S. Department of State facility located in Williamsburg, Kentucky. The main task of the office is to provide domestic support to the worldwide operations of the Bureau of Consular Affairs Visa Office. KCC also manages the Diversity Visa (DV) Program.   Top

L Labor Certification Labor certification is a condition U.S. employers should fulfill in order to hire certain skilled workers. The certification is issued by the Secretary of Labor and includes attestations by U.S. employers as to the statistics of U.S. workers available to take on the employment sought after by foreigners, and the consequence of the foreigner's work on the wages and working conditions of U.S. workers who fold similar jobs.  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 (LCA) The LCA is a document that must be filed with the Department of Labor (DOL) before and H-1B petition can begin. The LCA must be approved before the actual H-1B petition is processed. The LCA states that the company hiring the H-1B employee will pay the required wage rate, which is the higher of the prevailing wage or actual wage. In addition to the wage rate, the LCA also includes statements about the employer's attempt to find national employee and information about the current work situation in terms of strikes, lock outs, or work stoppage due to labor disputes. Last Residence This is a term that is frequently found on immigration and visa forms. The country of your "Last Residence" is the country that an individual lived in before entering the United States. Lawful Permanent Resident (LPR) Any person who is not a citizen of the United States and who lives in the U.S. under lawfully recognized and legally recorded permanent residence as an immigrant. It's also called Permanent Resident Alien, Resident Alien Permit Holder, and Green Card Holder. Legal Entry The process that most visitors and foreign workers go through when entering the United States via official borders. A USCIS official will inspect your documents and grant you permission to enter the United States. Legalization Dependents The spouse and or children of foreigners who became legal immigrants under the stipulation of the Immigration Reform and Control Act of 1986 between 1992 and 1994. Legalized Aliens It refers to some illegal aliens who were entitled to submit an application for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986.  Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government. Legitimated A child is legitimated if a natural father of a child born out of wedlock acknowledges the child through a legal procedure. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless only one of the parents is living or both of the parents have deserted the child. Legitimation The legal process which a natural father can use to acknowledge legally his children who were born out of wedlock (outside of marriage). A legitimated child can be a "child" under immigration law under these conditions: the legitimation took place according to the law of the child's residence or the father's residence; the father proved (established) that he is the child's natural father; the child was under the age of 18; and the child was in the legal custody of the father who legitimated the child when the legal process of legitimation took place. LIFE Act Legal Immigration Family Equity (LIFE) Act and amendments. This act of Congress allows foreign spouses of American citizens, the children of those foreign spouses, and spouses and children of certain lawful permanent residents (LPR) to come to the United States to complete the processing for their permanent residence. This Act became effective on December 21, 2000. Local Educational Agency School or school district. Also called LEA. This term is used for deciding tuition charges for secondary school students in F-1 visa status. Lose status To stay in the United States longer than the period of time which Department of Homeland Security (DHS) gave to a person when he/she entered the United States, or to fail to meet the requirements or violate the terms of the visa classification. The person becomes "out of status."      For example, you entered the U.S. on a student visa to study at a university. You work at your uncle's convenience store without authorization, and do not study. You have lost status. You are out of status. Lottery See Diversity Visa Program.     Top

M Machine Readable Passport (MRP) A passport which has biographic information entered on the data page according to international specifications. A machine readable passport is required to travel with a visa on the Visa Waiver Program. Machine Readable Visa (MRV) visa that contains biometric information about the passport holder. A visa that immigration officers read with special machines when the applicants enter the United States. It gives biographic information about the passport holder and tells the Department of Homeland Security (DHS) information on the type of visa. It is also called MRV. Maintain status To follow the requirements of the visa status and comply with any limitations on duration of stay. Means-tested Public Benefits Assistance from a government unit. Benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and State Child Health Insurance Program (CHIP). Medical and Legal Parolee See Parolee. Medical Waiver A medical waiver allows an immigration applicant to be allowed into, or stay in the United States even though he/ she have health conditions that makes them inadmissible. Migrant A migrant is an individual who departs his/her country to live in another country. Missionary Work: Work performed for a religious organization to spread the faith (religion) and advance the principles and doctrines of the religion. Such work may include religious instruction, help for the elderly and needy and proselytizing. MRV: See machine readable visa. MSC Formerly the "Missouri Service Center" but now called the "National Benefits Center" or NBC.   Top

N NACARA "Nicaraguan Adjustment and Central American Relief Act." NAFTA North American Free-Trade Agreement. National Visa Center (NVC) A Department of State facility located in Portsmouth, New Hampshire. It supports the worldwide operations of the Bureau of Consular Affairs Visa Office. The NVC processes immigrant visa petitions from the Department of Homeland Security (DHS) for people who will apply for their immigrant visas at embassies and consulates abroad. It also collects fees associated with immigrant visa processing. Go to the NVC site for more information. Native A person born in a particular country is a native of that country. National An individual who has pledged allegiance to a certain country. National Interest Waiver (NIW) An immigrant visa for which can apply to outstanding aliens who are exceptional in their field.  : This is for physicians and doctors who work in an area without adequate health care workers or who work in Veterans Affairs' facilities. These physicians and doctors can file immigrant visa petitions for themselves without first applying for a labor certification. National of the United States A national of the United States is a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States. For more information, see INA Section 101(a)(22), 8 USC Section 1101(a)(22). Nationality The description used on an individual's citizenship or country where the person is deemed a national. NATO (North Atlantic Treaty Organization) Official A nonimmigrant foreigner who enters the United States temporarily as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO, and the foreigner's spouse and unmarried children. Naturalization The bestowment of citizenship upon a person when he/she is born. Naturalization is also the process by which immigrants become legal U.S. citizens.  A citizen who acquires nationality of a country after birth. That is, the person did not become a citizen by birth, but by a legal procedure. Naturalization Application The form used by legal permanent residents to submit an application for U.S. citizenship. Naturalization Eligibility WorkSheet The Naturalization Eligibility Worksheet is used to help immigrants determine their eligibility for naturalization. NBC "National Benefits Center." Formerly the "Missouri Service Center". Non-diversity Country A country that high rates of immigration to the United States. Not that passport holders of non-diversity countries cannot participate in the Diversity Visa Program. Another word for non-diversity countries are occasionally called non-qualifying or excluded countries. Non-Immigrant A foreigner who enters the United States temporarily for a specific purpose and who must fulfill two requirements: a permanent residence overseas and actual qualification for the nonimmigrant classification. Some of the nonimmigrant classifications are students, international representatives, temporary workers and trainees, exchange visitors, intra-company transferees, NATO officials, religious workers among others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor children. Non-Immigrant status The term used to describe an individual's status for a set period of time. It is a limited status while in the United States. The individual is not a permanent resident of the United States while on a Nonimmigrant Status. Nonimmigrant Visa (NIV): A U.S. visa allows the bearer, a foreign citizen, to apply to enter the United States temporarily for a specific purpose. Examples of persons who may receive nonimmigrant visas are tourists, student, diplomats and temporary workers. Non-Preference Category This category was removed by the Immigration Act of 1990 and used to grant non-preference visas to qualified applicants who were not entitled to a visa under the preferences categories. North American Free-Trade Agreement (NAFTA) The agreement that governs the mutual trading relationship between the United States and Canada and establishes a similar relationship with Mexico. Not Subject to Numerical Limitation This means that an alien is entitled to immigrant status as an immediate relative within the meaning of INA 201(b)(2)(i), or as a special immigrant within the meaning of INA 101(a)(27) (A) and (B), unless specifically subject to a limitation other than under INA 201(a), (b), or (c). Notice of Action A form issued by the USCIS as a proof that a petition or application is received and in process. The Notice of Action is also issued by the USCIS as a receipt for paid fees. The Notice of Action number is I-797. This is not a downloadable form, it is sent to the applicant by the USCIS. NPRM Abbreviation for "Notice of Proposed Rule Making." NSC "Nebraska Service Center." Numerical Limit, Exempt from Those foreigners granted lawful permanent resident statuses and that are usually exempt from numerical limits set by the Immigration Act of 1990. Exempt categories consist of immediate relatives of U.S. citizens, refugees, asylees, Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina. Nursing Relief Act of 1989 The act allows H-1 nonimmigrant registered nurses to become legal permanent residents if they had been employed as nurses for at least 3 years and who meet certain labor certification requirements. ND - Notice Date NVC "National Visa Center."   Top

O Oath Ceremony The oath ceremony is the ceremony in which you take the Oath of Allegiance to the US. You are not a legal citizen until you take the oath. Oath of Allegiance Oath of Allegiance to the U.S. is the oath you take to become a U.S. citizen. During the oath you must promise to support and defend the U.S. Constitution and its laws. Occupation It refers to the employment held in the country of last legal residence or in the United States for those foreigners who enter the United States or change status without a labor certification. Occupation is the employment for which certification has been issued for an alien with a labor certification. OPT OPT stands for Optional Practical Training. OPT is an opportunity for foreign students to work year of off-campus. An new OPT can received at different study levels. Orphan The Immigration and Nationality Act defines an orphan for the purposes of immigration to the United States as: A child, whose both parents died, disappeared, or deserted. The child of an unmarried mother or surviving parent may be considered an orphan if that parent is unable to care for the child suitably and has irrevocably released the child for emigration and adoption in writing. The child of an unmarried mother may be considered an orphan only if the mother does not marry and the child's biological father does not legitimate the child. The child of a surviving parent if the surviving parent has not married since the death of the other parent. Orphan Petition: Form I-600 Out of Status A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification, for a specific purpose. For example, student (F), visitor (B), temporary worker (H). Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. When you arrive in the U.S., a Department of Homeland Security (DHS) Customs and Border Protection (CBP) inspector determines whether you will be admitted, length of stay and conditions of stay in, the U.S. When admitted you are given a Form I-94 (Arrival/Departure Record), which tells you when you must leave the U.S. The date granted on the I-94 card at the airport governs how long you may stay in the U.S. If you do not follow the requirements, you stay longer than that date, or you engage in activities not permitted for your particular type of visa, you violate your status and are considered be "out of status". It is important to understand the concept of immigration status and the consequences of violating that status. Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years. Outlying Possessions American Samoa and Swains Island. Overstay A visitor who has exceed the stay in the U.S. after the date indicated on the Arrival-Departure Record, Form I-94.  P Panama Canal Act Immigrants Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the U.S. Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year.   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 INS 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 INS headquarters for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations. 5) Public interest parole: authorized at INS headquarters for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings. 6) Overseas parole: authorized at an INS 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 the INS 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 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 the Immigration and Naturalization Service 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. 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 INS Form I-94 for nonimmigrant aliens. Preference System (prior to fiscal year 1992) The six categories among which 270,000 immigrant visa numbers were distributed each year during the period 1981-91. This preference system was amended by the Immigration Act of 1990, effective fiscal year 1992. (see Preference System - Immigration Act of 1990). The six categories were: 1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20 percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); 4) married sons and daughters of U.S. citizens (10 percent); 5) brothers and sisters of U.S. citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent). A nonpreference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, had no numbers available beginning in September 1978. 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). 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). PD - Priority Date.   R 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 Approvals The number of refugees approved for admission to the United States during a fiscal year. Immigration and Naturalization Service officers in overseas offices make refugee approvals. Refugee Arrivals The number of refugees the Immigration and Naturalization Service initially admits to the United States through ports of entry during a fiscal year. Refugee Authorized Admissions The maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines the annual figure after consultations with Congress. 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 the Attorney General. Regional Offices The three INS Regional Offices that supervise the work of INS Districts and Border Patrol Sectors. The Regional Directors report to the Executive Associate Commissioner for Field Operations in INS Headquarters, Washington, DC. The three Regional Offices are located in (Eastern Region) Burlington, VT, (Central Region) Dallas, TX, and (Western Region) Laguna Nigel, CA. Registry Date Aliens who have continuously resided in the United States since January 1, 1972, are of good moral character, and are not inadmissible, are eligible to adjust to legal permanent resident status under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date, aliens had to have been in the country continuously since June 30, 1948, to qualify. Removal The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. 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. RD Receipt Date. RFE Request For Evidence (INS sends RFE's in cases where they need some additional facts or documents) S Safe Haven Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled. 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 Agricultural Workers (SAW) Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status. Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens who performed labor in perishable agricultural commodities for at least 90 days during the year ending May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1, 1989 and those in Group II were eligible one year later on December 1, 1990. 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. Special Naturalization Provisions Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad. Stateless Having no nationality. Stowaway An alien coming to the United States surreptitiously on an airplane or vessel without legal status of admission. Such an alien is subject to denial of formal admission and return to the point of embarkation by the transportation carrier. 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. 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. Nonimmigrant temporary worker classes of admission are as follows: 1) H-1A - registered nurses (valid from 10/1/1990 through 9/30/1995); 2) H-1B - workers with "specialty occupations" admitted on the basis of professional education, skills, and/or equivalent experience; 3) H-1C - registered nurses to work in areas with a shortage of health professionals under the Nursing Relief for Disadvantaged Areas Act of 1999; 4) H-2A - temporary agricultural workers coming to the United States to perform agricultural services or labor of a temporary or seasonal nature when authorized workers are unavailable in the United States; 5) H-2B - temporary non-agricultural workers coming to the United States to perform temporary services or labor if unemployed persons capable of performing the service or labor cannot be found in the United States; 6) H-3 - aliens coming temporarily to the United States as trainees, other than to receive graduate medical education or training; 7) O-1, O-2, O-3 - temporary workers with extraordinary ability or achievement in the sciences, arts, education, business, or athletics; those entering solely for the purpose of accompanying and assisting such workers; and their spouses and children; 8) P-1, P-2, P-3, P-4 - athletes and entertainers at an internationally recognized level of performance; artists and entertainers under a reciprocal exchange program; artists and entertainers under a program that is "culturally unique"; and their spouses and children; 9) Q-1, Q-2, Q-3 - participants in international cultural exchange programs; participants in the Irish Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process participants; 10) R-1, R-2 - temporary workers to perform work in religious occupations and their spouses and children. See other sections of this Glossary for definitions of Exchange Visitor, Intracompany Transferee, and U.S.-Canada or North American Free-Trade Agreement classes of nonimmigrant admission. Transit Alien An alien in immediate and continuous transit through the United States, with or without a visa, including, 1) aliens who qualify as persons entitled to pass in transit to and from the United Nations Headquarters District and foreign countries and 2) foreign government officials and their spouses and unmarried minor (or dependent) children in transit. Transition Quarter The three-month period--July 1 through September 30, 1976--between fiscal year 1976 and fiscal year 1977. At that time, the fiscal year definition shifted from July 1-June 30 to October 1-September 30. Transit Without Visa (TWOV) A transit alien traveling without a nonimmigrant visa under section 233 of the INA. An alien admitted under agreements with a transportation line, which guarantees his immediate and continuous passage to a foreign destination. 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. U Underrepresented Countries, Natives of The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/88) allowed for 10,000 visas to be issue Top

V Visa A United States visa grants the holder the right to apply for entry to the United States, but does not grant the visa holder the right to enter the United States. Entry can be refused at the port of entry. The Department of State (DOS) is in charge of visa administration 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 decide admittance, duration of stay and conditions in the U.S. at a port of entry. DHS immigration inspectors will record the terms of your admission on your I-94 or I-94W and in your passport upon approval of entry. Visa Expiration Date: The visa expiration date is shown on the visa. This means the visa is valid, or can be used from the date it is issued until the date it expires, for travel for the same purpose, when the visa is issued for multiple entries. This time period from the visa issuance date to visa expiration date as shown on the visa, is called visa validity. If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the U.S. As an example of travel for the same purpose, if you have a visitor visa, it cannot be used to enter at a later time to study in the U.S. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States to request permission of the U.S. immigration inspector to permit you to enter the U.S. The visa does not guarantee entry to the U.S. The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.      There are circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the Department of Homeland Security's U.S. immigration officer at port of entry, or U. S. Citizenship and Immigration Services (USCIS), then this action on your part generally will automatically void or cancel your visa. However, if you have filed an application in a timely manner for extension of stay or a change of status, and that application is pending and not frivolous, and if you did not engage in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident alien ("green card" holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S. Visa Numbers: Congress establishes the amount of immigration each year. Immigration for immediate relatives is unlimited; however, preference categories are limited. To distribute the visas fairly among all categories of immigration, the Visa Office in the Department of State distributes the visas by providing visa numbers according to preference and priority date. Visa Quota Number of Visas granted/allotted. Visa Validity: This generally means the visa is valid, or can be used from the date it is issued until the date it expires, for travel for the same purpose for visas, when the visa is issued for multiple entries. The visa expiration date is shown on the visa. Depending on the alien's nationality, visas can be issued for any number of entries, from as little as one entry to as many as multiple (unlimited) entries, for the same purpose of travel. If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the U.S. As an example of travel for the same purpose, if you have a visitor visa, it cannot be used to enter at a later time to study in the U.S. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States to request permission of the U.S. immigration inspector to permit you to enter the U.S. The visa does not guarantee entry to the U.S. The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.      There are circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the Department of Homeland Security's U.S. immigration officer at port of entry, or U. S. Citizenship and Immigration Services (USCIS), then this action on your part generally will automatically void or cancel your visa. However, if you have filed an application in a timely manner for extension of stay or a change of status, and that application is pending and not frivolous, and if you did not engage in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident alien ("green card" holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S., Visa Waiver Program VWP The program permits citizens of certain countries to enter the U.S. for business or pleasure up to 90 days. The following countries are currently in the visa waiver program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Voluntary Departure A foreigner departs voluntarily from the United States without an order of removal with or without a preceding hearing before an immigration judge. A foreigner who departs voluntarily admits removability but he/she is not barred from seeking admission at a port-of-entry at any time. However, failure to depart, if removable, can result in a fine and a ten-year ban to several forms of relief from deportation. VSC "Vermont Service Center." Voluntary Service Program: An organized project that a religious or nonprofit charitable organization does to provide help to the poor or needy or to further a religious or charitable cause. Participants may be eligible for B visas.   Top

W Waiver The term used to describe the change of inadmissibility for certain aliens, either in the United States or outside the United States. Waiver of Ineligibility: In immigration law certain foreign nationals are ineligible for visas to enter the United States for medical, criminal, security or other conditions and activities. Some applicants for visas are able to apply for permission to enter the United States despite the ineligibility. The applicant must apply for permission to enter the United States (waiver). Western Hemisphere Used on North America, Central America, South America, and the adjacent islands according to INA 101(b)(5). Withdrawal Withdrawal happens if arriving foreigners voluntarily withdraw their application for admission to the United States instead of having to appear in front of an immigration judge for a removal hearing or a fast removal. Withdrawals are not listed under a person's nonimmigrant admittance data. Work Permit A work permit is normally used to describe an Employment Authorization Document.   X, Y, Z                                           Top

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