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Glossary
of Immigration and Legal Terms
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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."
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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 condi | | |