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» Glossary of Immigration Terms |
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Glossary of Immigration Terms
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A
Acquired Citizenship - Citizenship
conferred at birth on children born abroad to a U.S. citizen parent(s).
Adoption - See Orphan.
Adjustment to Immigrant Status - Procedure allowing
certain aliens already in the United States to apply for immigrant
status. Aliens admitted to the United States in a nonimmigrant,
refugee, or parolee category may have their status changed to that
of lawful permanent resident if they are eligible to receive an
immigrant visa and one is immediately available. In such cases,
the alien is counted as an immigrant as of the date of adjustment,
even though the alien may have been in the United States for an
extended period of time. Beginning in October 1994, section 245(i)
of the INA allowed illegal residents who were eligible for immigrant
status to remain in the United States and adjust to permanent resident
status by applying at a USCIS office and paying an additional penalty
fee. Section 245(i) is no longer available unless the alien is the
beneficiary of a petition under section 204 of the Act or of an
application for a labor certification under section 212(a)(5)(A),
filed on or before April 30, 2001. And, if filed after January 1,
1998, the alien must have been present in the United States on December
21, 2000. Prior to October 1994, most illegal residents were required
to leave the United States and acquire a visa abroad from the Department
of State as they are again now.
Agricultural Worker - As a nonimmigrant class of
admission, an alien coming temporarily to the United States to perform
agricultural labor or services, as defined by the Secretary of Labor.
Alien - Any person not a citizen or national of
the United States.
Amerasian Act - Public Law 97-359 (Act of 10/22/82)
provides for the immigration to the United States of certain Amerasian
children. In order to qualify for benefits under this law, 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.
Amerasian (Vietnam) - Immigrant visas are issued
to Amerasians under Public Law 100-202 (Act of 12/22/87), which
provides for the admission of aliens born in Vietnam after January
1, 1962, and before January 1, 1976, if the alien was fathered by
a U.S. citizen. Spouses, children, and parents or guardians may
accompany the alien.
Application Support Centers - USCIS Offices fingerprint
applicants for immigration benefits. Some USCIS applications, such
as the Application for Naturalization or the Application to Register
Permanent Residence or Adjust Status, require the USCIS to conduct
a FBI fingerprint background check on the applicant. Most applicants
that require a background check will be scheduled to appear at a
specific Application Support Center (ASC) or Designated Law Enforcement
Agency (DLEA) for fingerprinting.
Apprehension - The arrest of a removable alien
by U.S. Immigration and Customs Enforcement (ICE). Each apprehension
of the same alien in a fiscal year is counted separately.
Asylee - An alien in the United States or at a
port of entry who is found to be unable or unwilling to return to
his or her country of nationality, or to seek the protection of
that country because of persecution or a well-founded fear of persecution.
Persecution or the fear thereof must be based on the alien's race,
religion, nationality, membership in a particular social group,
or political opinion. For persons with no nationality, the country
of nationality is considered to be the country in which the alien
last habitually resided. Asylees are eligible to adjust to lawful
permanent resident status after one year of continuous presence
in the United States. These immigrants are limited to 10,000 adjustments
per fiscal year.
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B
Beneficiaries - Aliens on whose
behalf a U.S. citizen, legal permanent resident, or employer have
filed a petition for such aliens to receive immigration benefits
from the U.S. Citizenship and Immigration Services. Beneficiaries
generally receive a lawful status as a result of their relationship
to a U.S. citizen, lawful permanent resident, or U.S. employer.
Border Crosser - An alien resident of the United
States reentering the country after an absence of less than six
months in Canada or Mexico, or a nonresident alien entering the
United States across the Canadian border for stays of no more than
six months or across the Mexican border for stays of no more than
72 hours.
Business Nonimmigrant - An alien coming temporarily
to the United States to engage in commercial transactions which
do not involve gainful employment in the United States, i.e., engaged
in international commerce on behalf of a foreign firm, not employed
in the U.S. labor market, and receives no salary from U.S. sources.
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C
Cancellation of Removal - 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.
Certificate of 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).
Child - Generally, an unmarried person under 21
years of age who is: a child born in wedlock; a stepchild, provided
that the child was under 18 years of age at the time that the marriage
creating the stepchild relationship occurred; a legitimated child,
provided that the child was legitimated while in the legal custody
of the legitimating parent; a child born out of wedlock, when a
benefit is sought on the basis of its relationship with its mother,
or to its father if the father has or had a bona fide relationship
with the child; a child adopted while under 16 years of age who
has resided since adoption in the legal custody of the adopting
parents for at least 2 years; or an orphan, under 16 years of age,
who has been adopted abroad by a U.S. citizen or has an immediate-relative
visa petition submitted in his/her behalf and is coming to the United
States for adoption by a U.S. citizen.
Civil Surgeon - A medically trained, licensed and
experienced doctor practicing in the U.S. who is certified by USCIS
(U.S. Citizenship and Immigration Service). These medical professionals
receive U.S. immigration-focused training in order to provide examinations
as required by the CDC (Center for Disease Control and Prevention)
and USCIS. For medical examinations given overseas, please see Panel
Physician. IMPORTANT: medical examinations will not be recognized
if they are given by a doctor in the U.S. who is not a Civil Surgeon;
please make sure that your appointment is with a Civil Surgeon or
your results and documents will be invalid.
Conditional Resident - Any alien granted permanent
resident status on a conditional basis (e.g., a spouse of a U.S.
citizen; an immigrant investor), who is required to petition for
the removal of the set conditions before the second anniversary
of the approval of his or her conditional status.
Country of -
Birth: The country in which a person
is born.
Chargeability: The independent country
to which an immigrant entering under the preference system is accredited
for purposes of numerical limitations.
Citizenship: The country in which a person
is born (and has not renounced or lost citizenship) or naturalized
and to which that person owes allegiance and by which he or she
is entitled to be protected.
Former Allegiance: The previous country
of citizenship of a naturalized U.S. citizen or of a person who
derived U.S. citizenship.
(Last) Residence: The country in which
an alien habitually resided prior to entering the United States.
Nationality: The country of a person's
citizenship or country in which the person is deemed a national.
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.
Cuban/Haitian Entrant - Status accorded 1) Cubans
who entered illegally or were paroled into the United States between
April 15, 1980, and October 10, 1980, and 2) Haitians who entered
illegally or were paroled into the country before January 1, 1981.
Cubans and Haitians meeting these criteria who have continuously
resided in the United States since before January 1, 1982, and who
were known to Immigration before that date, may adjust to permanent
residence under a provision of the Immigration Control and Reform
Act of 1986.
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D
Deferred Inspection - See Parolee.
Departure Under Safeguards - The departure of an
illegal alien from the United States which is physically observed
by a U.S. Immigration and Customs Enforcement (ICE) official.
Deportable Alien - An alien in and admitted to
the United States subject to any grounds of removal specified in
the Immigration and Nationality Act. This includes any alien illegally
in the United States, regardless of whether the alien entered the
country by fraud or misrepresentation or entered legally but subsequently
violated the terms of his or her nonimmigrant classification or
status.
Deportation - The formal removal of an alien from
the United States when the alien has been found removable for violating
the immigration laws. Deportation is ordered by an immigration judge
without any punishment being imposed or contemplated. Prior to April
1997 deportation and exclusion were separate removal procedures.
The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 consolidated these procedures. After April 1, 1997, aliens
in and admitted to the United States may be subject to removal based
on deportability. Now called Removal, this function is managed by
U.S. Immigration and Customs Enforcement.
Derivative Citizenship - Citizenship conveyed to
children through the naturalization of parents or, under certain
circumstances, to foreign-born children adopted by U.S. citizen
parents, provided certain conditions are met.
District - 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 USCIS 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 USCIS staff is available to answer questions,
provide forms, etc.
Diversity - A category of immigrants replacing
the earlier categories for nationals of underrepresented countries
and countries adversely "affected" by the Immigration and Nationality
Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity
immigration was 40,000 during fiscal years 1992-94, under a transitional
diversity program, and 55,000 beginning in fiscal year 1995, under
a permanent diversity program.
Docket Control - The USCIS mechanism for tracking
the case status of potentially removable aliens.
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E
Employer Sanctions - The employer
sanctions provision of the Immigration Reform and Control Act of
1986 prohibits employers from hiring, recruiting, or referring for
a fee aliens known to be unauthorized to work in the United States.
Violators of the law are subject to a series of civil fines for
violations or criminal penalties when there is a pattern or practice
of violations.
Exchange Visitor - An alien coming temporarily
to the United States as a participant in a program approved by the
Secretary of State for the purpose of teaching, instructing or lecturing,
studying, observing, conducting research, consulting, demonstrating
special skills, or receiving training.
Exclusion - Prior to the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, exclusion was the formal
term for denial of an alien's entry into the United States. The
decision to exclude an alien was made by an immigration judge after
an exclusion hearing. Since April 1, 1997, the process of adjudicating
inadmissibility may take place in either an expedited removal process
or in removal proceedings before an immigration judge.
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F
Fiance(e)s of U.S. Citizen - A
nonimmigrant alien coming to the United States to conclude a valid
marriage with a U.S. citizen within ninety days after entry.
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.
Fiscal Year - Currently, the twelve-month period
beginning October 1 and ending September 30. Historically, until
1831 and from 1843-49, the twelve-month period ending September
30 of the respective year; from 1832-42 and 1850-67, ending December
31 of the respective year; from 1868-1976, ending June 30 of the
respective year. The transition quarter (TQ) for 1976 covers the
three-month period, July-September 1976.
Foreign Government Official - As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens' spouses and unmarried minor (or dependent) children.
Foreign Information Media Representative - As a
nonimmigrant class of admission, an alien coming temporarily to
the United States as a bona fide representative of foreign press,
radio, film, or other foreign information media and the alien's
spouse and unmarried minor (or dependent) children.
Foreign State of Chargeability - The independent
country to which an immigrant entering under the preference system
is accredited. No more than 7 percent of the family-sponsored and
employment-based visas may be issued to natives of any one independent
country in a fiscal year. No one dependency of any independent country
may receive more than 2 percent of the family-sponsored and employment-based
visas issued. Since these limits are based on visa issuance rather
than entries into the United States, and immigrant visas are valid
for 6 months, there is not total correspondence between these two
occurrences. Chargeability is usually determined by country of birth.
Exceptions are made to prevent the separation of family members
when the limitation for the country of birth has been met.
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G
General Naturalization Provisions
- The basic requirements for naturalization that every applicant
must meet, unless a member of a special class. General provisions
require an applicant to be at least 18 years of age and a lawful
permanent resident with five years of continuous residence in the
United States, have been physically present in the country for half
that period, and establish good moral character for at least that
period.
Geographic Area of Chargeability - 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.
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H
Hemispheric Ceilings - Statutory
limits on immigration to the United States in effect from 1968 to
October 1978. Mandated by the Immigration and Nationality Act Amendments
of 1965, the ceiling on immigration from the Eastern Hemisphere
was set at 170,000, with a per-country limit of 20,000. Immigration
from the Western Hemisphere was held to 120,000, without a per-country
limit until January 1, 1977. The Western Hemisphere was then made
subject to a 20,000 per country limit. Effective October 1978, the
separate hemisphere limits were abolished in favor of a worldwide
limit.
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I
Immediate Relatives - Certain
immigrants who because of their close relationship to U.S. citizens
are exempt from the numerical limitations imposed on immigration
to the United States. Immediate relatives are: spouses of citizens,
children (under 21 years of age and unmarried) of citizens, and
parents of citizens 21 years of age or older.
Immigrant - See Permanent Resident Alien.
Immigration Act of 1990 - Public Law 101-649 (Act
of November 29, 1990), which increased the limits on legal immigration
to the United States, revised all grounds for exclusion and deportation,
authorized temporary protected status to aliens of designated countries,
revised and established new nonimmigrant admission categories, revised
and extended the Visa Waiver Pilot Program, and revised naturalization
authority and requirements.
Immigration Judge - An attorney appointed by the
Attorney General to act as an administrative judge within the Executive
Office for Immigration Review. They are qualified to conduct specified
classes of proceedings, including removal proceedings.
INA - See Immigration and Nationality Act.
Immigration and Nationality Act - The Act (INA),
which, along with other immigration laws, treaties, and conventions
of the United States, relates to the immigration, temporary admission,
naturalization, and removal of aliens.
Immigration Marriage Fraud Amendments of 1986 -
Public Law 99-639 (Act of 11/10/86), which was passed in order to
deter immigration-related marriage fraud. Its major provision stipulates
that aliens deriving their immigrant status based on a marriage
of less than two years are conditional immigrants. To remove their
conditional status the immigrants must apply at an U.S. Citizenship
and Immigration Services office during the 90-day period before
their second-year anniversary of receiving conditional status. If
the aliens cannot show that the marriage through which the status
was obtained was and is a valid one, their conditional immigrant
status may be terminated and they may become deportable.
Immigration Reform and Control Act (IRCA) of 1986
- Public Law 99-603 (Act of 11/6/86), which was passed in order
to control and deter illegal immigration to the United States. Its
major provisions stipulate legalization of undocumented aliens who
had been continuously unlawfully present since 1982, legalization
of certain agricultural workers, sanctions for employers who knowingly
hire undocumented workers, and increased enforcement at U.S. borders.
Inadmissible - An alien seeking admission at a
port of entry who does not meet the criteria in the INA for admission.
The alien may be placed in removal proceedings or, under certain
circumstances, allowed to withdraw his or her application for admission.
Industrial Trainee - See Temporary Worker.
International Representative - As a nonimmigrant
class of admission, an alien coming temporarily to the United States
as a principal or other accredited representative of a foreign government
(whether officially recognized or not recognized by the United States)
to an international organization, an international organization
officer or employee, and all above aliens' spouses and unmarried
minor (or dependent) children.
Intracompany Transferee - An alien, employed for
at least one continuous year out of the last three by an international
firm or corporation, who seeks to enter the United States temporarily
in order to continue to work for the same employer, or a subsidiary
or affiliate, in a capacity that is primarily managerial, executive,
or involves specialized knowledge, and the alien's spouse and minor
unmarried children.
IRCA - See Immigration Reform and Control Act of
1986.
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L
Labor Certification - Requirement
for U.S. employers seeking to employ certain persons whose immigration
to the United States is based on job skills or nonimmigrant temporary
workers coming to perform services for which qualified authorized
workers are unavailable in the United States. Labor certification
is issued by the Secretary of Labor and contains attestations by
U.S. employers as to the numbers of U.S. workers available to undertake
the employment sought by an applicant, and the effect of the alien's
employment on the wages and working conditions of U.S. workers similarly
employed. Determination of labor availability in the United States
is made at the time of a visa application and at the location where
the applicant wishes to work.
Lawful Permanent Resident (LPR) - Any person not
a citizen of the United States who is residing the in the U.S. under
legally recognized and lawfully recorded permanent residence as
an immigrant. Also known as "Permanent Resident Alien," "Resident
Alien Permit Holder," and "Green Card Holder."
Legalization Dependents - A maximum of 55,000 visas
were issued to spouses and children of aliens legalized under the
provisions of the Immigration Reform and Control Act of 1986 in
each of fiscal years 1992-94.
Legalized Aliens - 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 - Most countries have legal procedures
for natural fathers of children born out of wedlock to acknowledge
their children. A legitimated child from any country has two legal
parents and cannot qualify as an orphan unless:
only one of the parents is living, or
both of the parents have abandoned the child
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M
Medical and Legal Parolee - See
Parolee.
Medical Waiver - A medical waiver permits an immigration
applicant to be allowed into, or remain in the United States despite
having a health condition identified as grounds of inadmissibility.
Terms and conditions can be applied to a medical waiver on a case
by case basis.
Metropolitan Statistical Areas (MSAs) - MSAs consist
of a core area with a large population and adjacent communities
having a high degree of social and economic integration with the
core. They are defined by the U.S. Office of Management and Budget
(OMB). MSAs are generally counties (cities and towns in New England)
containing at least one city or urbanized area with a population
of at least 50,000 and a total metropolitan population of at least
100,000 (75,000 in New England). MSAs of one million or more population
may be recognized as Consolidated Metropolitan Statistical Areas
(CMSAs). Primary Metropolitan Statistical Areas (PSMAs) are component
areas within MSAs. New England County Metropolitan Areas (NECMAs)
are the county based metropolitan alternative of the New England
states for the city and town based MSAs and CMSAs.
Migrant - A person who leaves his/her country of
origin to seek residence in another country.
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N
NACARA - Nicaraguan Adjustment
and Central American Relief Act.
National - A person owing permanent allegiance
to a state.
NATO Official - As a nonimmigrant class of admission,
an alien coming temporarily to the United States 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 (North Atlantic
Treaty Organization), and the alien's spouse and unmarried minor
(or dependent) children.
Naturalization - The conferring, by any means,
of citizenship upon a person after birth.
Naturalization Application - The form used by a
lawful permanent resident to apply for U.S. citizenship. The application
is filed with U.S. Citizenship and Immigration Services at the Service
Center with jurisdiction over the applicant's place of residence.
Nonimmigrant - An alien who seeks temporary entry
to the United States for a specific purpose. The alien must have
a permanent residence abroad (for most classes of admission) and
qualify for the nonimmigrant classification sought. The nonimmigrant
classifications include: foreign government officials, visitors
for business and for pleasure, aliens in transit through the United
States, treaty traders and investors, students, international representatives,
temporary workers and trainees, representatives of foreign information
media, exchange visitors, fiance(e)s of U.S. citizens, intracompany
transferees, NATO officials, religious workers, and some others.
Most nonimmigrants can be accompanied or joined by spouses and unmarried
minor (or dependent) children.
Nonpreference Category - Nonpreference visas were
available to qualified applicants not entitled to a visa under the
preferences until the category was eliminated by the Immigration
Act of 1990. Nonpreference visas for persons not entitled to the
other preferences had not been available since September 1978 because
of high demand in the preference categories. An additional 5,000
nonpreference visas were available in each of fiscal years 1987
and 1988 under a provision of the Immigration Reform and Control
Act of 1986. This program was extended into 1989, 1990, and 1991
with 15,000 visas issued each year. Aliens born in countries from
which immigration was adversely affected by the Immigration and
Nationality Act Amendments of 1965 (Public Law 89-236) were eligible
for the special nonpreference visas.
North American Free-Trade Agreement (NAFTA) - Public
Law 103-182 (Act of 12/8/93), superseded the United States-Canada
Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal
trading relationship between the United States and Canada (see United
States-Canada Free-Trade Agreement), and establishes a similar relationship
with Mexico.
Numerical Limit, Exempt from - Those aliens accorded
lawful permanent residence who are exempt from the provisions of
the flexible numerical limit of 675,000 set by the Immigration Act
of 1990. Exempt categories include immediate relatives of U.S. citizens,
refugees, asylees (limited to 10,000 per year by section 209(b)
of the Immigration and Nationality Act), 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 - Public Law 101-238
(Act of 12/18/89), provides for the adjustment to permanent resident
status of certain nonimmigrants who as of September 1, 1989, had
H-1 nonimmigrant status as registered nurses; who had been employed
in that capacity for at least 3 years; and whose continued nursing
employment meets certain labor certification requirements.
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O
Occupation - For an alien entering
the United States or adjusting without a labor certification, occupation
refers to the employment held in the country of last legal residence
or in the United States. For an alien with a labor certification,
occupation is the employment for which certification has been issued.
Orphan - The Immigration and Nationality Act provides
a definition of an orphan for the purposes of immigration to the
United States.
A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child's having a stepfather) and as long as the child's biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child's having a stepfather or stepmother).
Note: Prospective adoptive parents should be sure that a child fits the definition of 'orphan' before adopting a child from another country, because not all children adopted abroad meet the definition of 'orphan,' and therefore may not be eligible to immigrate to the United States.
Out of Wedlock (born out of wedlock) - A child
born of parents who were not legally married to each other at that
time.
Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated.
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P
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.
Panel Physician ' A medically trained, licensed
and experienced doctor practicing overseas who is appointed by the
local U.S. Embassy or Consulate. These medical professionals receive
U.S. immigration-focused training in order to provide examinations
as required by the CDC (Center for Disease Control and Prevention)
and USCIS (U.S. Citizenship and Immigration Services). For medical
examinations given in the U.S., please see Civil Surgeon.
IMPORTANT: medical examinations given overseas will not be recognized if they are given by a doctor who is not appointed by the local U.S. Consulate or Embassy; please be sure that your medical exam is being given by a Panel Physician or your results and documents will be invalid.
Parolee - A parolee is an alien, appearing to be
inadmissible to the inspecting officer, allowed into the United
States for urgent humanitarian reasons or when that alien's entry
is determined to be for significant public benefit. Parole does
not constitute a formal admission to the United States and confers
temporary status only, requiring parolees to leave when the conditions
supporting their parole cease to exist. Types of parolees include:
1. Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.
2. Advance parole: authorized at an USCIS District office in advance of alien's arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.
3. Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.
4. Humanitarian parole: authorized at USCIS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.
5. Significant Public Benefit Parole: authorized at USCIS headquarters Office of International Affairs for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings when there is a benefit to the government. These requests must be submitted by a law enforcement agency.
6. Overseas parole: authorized at an USCIS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens USCIS has processed through overseas parole have arrived under special legislation or international migration agreements.
Per-Country Limit - The maximum number of family-sponsored
and employment-based preference visas that can be issued to citizens
of any country in a fiscal year. The limits are calculated each
fiscal year depending on the total number of family-sponsored and
employment-based visas available. No more than 7 percent of the
visas may be issued to natives of any one independent country in
a fiscal year; no more than 2 percent may issued to any one dependency
of any independent country. The per-country limit does not indicate,
however, that a country is entitled to the maximum number of visas
each year, just that it cannot receive more than that number. Because
of the combined workings of the preference system and per-country
limits, most countries do not reach this level of visa issuance.
Permanent Resident - Any person not a citizen of
the United States who is residing in the U.S. under legally recognized
and lawfully recorded permanent residence as an immigrant. Also
known as "Permanent Resident Alien", "Lawful Permanent Resident,"
"Resident Alien Permit Holder," and "Green Card Holder."
Permanent Resident Alien - an alien admitted to
the United States as a lawful permanent resident. Permanent residents
are also commonly referred to as immigrants; however, the Immigration
and Nationality Act (INA) broadly defines an immigrant as any alien
in the United States, except one legally admitted under specific
nonimmigrant categories (INA section 101(a)(15)). An illegal alien
who entered the United States without inspection, for example, would
be strictly defined as an immigrant under the INA but is not a permanent
resident alien. Lawful permanent residents are legally accorded
the privilege of residing permanently in the United States. They
may be issued immigrant visas by the Department of State overseas
or adjusted to permanent resident status by U.S. Citizenship and
Immigration Services in the United States.
Port of Entry - Any location in the United States
or its territories that is designated as a point of entry for aliens
and U.S. citizens. All district and files control offices are also
considered ports, since they become locations of entry for aliens
adjusting to immigrant status.
Pre-inspection - Complete immigration inspection
of airport passengers before departure from a foreign country. No
further immigration inspection is required upon arrival in the United
States other than submission of Form I-94 for nonimmigrant aliens.
Preference System (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).
Priority Date - In the USCIS Immigrant visa petition application process, the priority date is the date the petition was filed. If the alien relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa.
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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.
Refugee Arrivals - The number of refugees admitted
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 to the Secretary of Homeland Security.
Regional Offices - The three USCIS Regional Offices
that supervise the work of USCIS Districts and Border Patrol Sectors.
The Regional Directors report to the Associate Director for Operations
in USCIS Headquarters, Washington, DC. The three Regional Offices
are located in (Eastern Region) Burlington, VT, (Central Region)
Dallas, TX, and (Western Region) Laguna Nigel, CA.
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.
Required Departure - See Voluntary Departure.
Resettlement - Permanent relocation of refugees
in a place outside their country of origin to allow them to establish
residence and become productive members of society there. Refugee
resettlement is accomplished with the direct assistance of private
voluntary agencies working with the Department of Health and Human
Services Office of Refugee Resettlement.
Resident Alien - Applies to non-U.S. citizens currently
residing in the United States. The term is applied in three different
manners; please see Permanent Resident, Conditional Resident, and
Returning Resident
Returning Resident - Any Lawful Permanent Resident
who has been outside the United States and is returning to the U.S.
Also defined as a "special immigrant." If outside of the U.S. for
more than 180 days, must apply for readmission to the U.S. If outside
of the U.S. for more than one year and is returning to his or her
permanent residence in the United States, usually must have a re-entry
documentation from USCIS or an immigrant visa from the Department
of State.
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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.
Sponsor - There are many ways to sponsor an alien.
The term "sponsor" in the immigration sense, often means to bring
to the United States or "petition for".
Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. This type of sponsorship is not, however, the first step in any immigration process.
In order to be a sponsor and file Form I-864, Affidavit of Support Under Section 213A of the Act, the following conditions must already be met:
1. You have already petitioned for your relative;
2. You have been notified that INS has approved the petition;
3. The visa for that relative is currently available;
4. The relative has been scheduled to appear to submit his or her application for an immigrant visa overseas to a Consular Officer (DOS Form OF-230) or is preparing to file for adjustment of status to that of a lawful permanent resident (on Form I-485, Application to Register Permanent Residence or Adjust Status) in the United States. In the case of the overseas relative, you, the petitioner will be informed as to where and when to submit Form I-864. In the case where the relative is in the United States, you, the petitioner will complete Form I-864 and give it to your relative to file along with his or her application for permanent residency.
If you are a U.S. citizen and are sponsoring, or petitioning for, your spouse, parents or minor children who are currently in the United States, the above conditions do not need to be met in that exact order. Your relative may file his or her application for adjustment of status to that of a lawful permanent resident at the same time you file the relative petition. If this is your situation, you, the petitioner, must complete Form I-864, Affidavit of Support, and the petition for your relative and give them to your relative to submit with the application for adjustment of status.
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.
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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. (See
Transit Alien.)
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.
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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 issued to natives
of underrepresented countries in each of fiscal years 1990 and 1991.
Under-represented countries are defined as countries that received
less than 25 percent of the maximum allowed under the country limitations
(20,000 for independent countries and 5,000 for dependencies) in
fiscal year 1988. (See Diversity.)
United States-Canada Free-Trade Agreement - Public
Law 100-449 (Act of 9/28/88) established a special, reciprocal trading
relationship between the United States and Canada. It provided two
new classes of nonimmigrant admission for temporary visitors to
the United States-Canadian citizen business persons and their spouses
and unmarried minor children. Entry is facilitated for visitors
seeking classification as visitors for business, treaty traders
or investors, intracompany transferees, or other business people
engaging in activities at a professional level. Such visitors are
not required to obtain nonimmigrant visas, prior petitions, labor
certifications, or prior approval but must satisfy the inspecting
officer they are seeking entry to engage in activities at a professional
level and that they are so qualified. The United States-Canada Free-Trade
Agreement was superseded by the North American Free-Trade Agreement
(NAFTA) as of 1/1/94.
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Visa - A U.S. visa allows the
bearer to apply for entry to the U.S. in a certain classification
(e.g. student (F), visitor (B), temporary worker (H)). A visa does
not grant the bearer the right to enter the United States. The Department
of State (DOS) is responsible for visa adjudication at U.S. Embassies
and Consulates outside of the U.S. The Department of Homeland Security
(DHS), Bureau of Customs and Border Protection (BCBP) immigration
inspectors determine admission into, length of stay and conditions
of stay in, the U.S. at a port of entry. The information on a nonimmigrant
visa only relates to when an individual may apply for entry into
the U.S. DHS immigration inspectors will record the terms of your
admission on your Arrival/Departure Record (I-94 white or I-94W
green) and in your passport.
Visa Waiver Program - Allows citizens of certain
selected countries, traveling temporarily to the United States under
the nonimmigrant admission classes of visitors for pleasure and
visitors for business, to enter the United States without obtaining
nonimmigrant visas. Admission is for no more than 90 days. The program
was instituted by the Immigration Reform and Control Act of 1986
(entries began 7/1/88). Under the Guam Visa Waiver Program, certain
visitors from designated countries may visit Guam only for up to
15 days without first having to obtain nonimmigrant visitor visas.
Voluntary Departure - The departure of an alien
from the United States without an order of removal. The departure
may or may not have been preceded by a hearing before an immigration
judge. An alien allowed to voluntarily depart concedes removability
but does not have a bar to seeking admission at a port-of-entry
at any time. Failure to depart within the time granted results in
a fine and a ten-year bar to several forms of relief from deportation.
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Withdrawal - An arriving alien's
voluntary retraction of an application for admission to the United
States in lieu of a removal hearing before an immigration judge
or an expedited removal. Withdrawals are not included in nonimmigrant
admission data.
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Appointment