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.
Alien - Any person not a citizen or national of the United States.
Application Support Centers - USCIS Offices fingerprint applicants for immigration benefits. Some USCIS applications, such as the Application for Naturalization or the Application to Register Permanent Residence or Adjust Status, require the USCIS to conduct a FBI fingerprint background check on the applicant. Most applicants that require a background check will be scheduled to appear at a specific Application Support Center (ASC).
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.
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.
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.
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.
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.
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.
Field Offices - Offices found in some Districts that serve a portion of the District’s jurisdiction. A Field Office, headed by an Field Office Director, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to USCIS’ customers.
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.
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.
Immigration Reform and Control Act of 1986 (IRCA) - 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.
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.
Inadmissable - 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.
Intracompany Trainee - 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.
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."
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.
Naturalization - The conferring, by any means, of citizenship upon a person after birth.
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.
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.
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.
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.
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.
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."
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.
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.
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.
Regional Offices - The three USCIS Regional Offices that supervise the work of USCIS Districts. The Regional Directors report to the Associate Director for Domestic 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. A fourth Regional Office (Southeastern Region) is planned for Orlando, FL.
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.
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 USCIS Service Centers -- Service Centers are not staffed to receive walk-in applications or questions.
Sponsor - There are many ways to sponsor an alien. The term "sponsor" in the immigration sense, often means to bring to the United States or "petition for". If you would like to sponsor, or petition for, a relative, please read the information entitled "Immigration Through a Family Member" If you would like to sponsor, or petition for, an employee, please see the instructions entitled "How Do I Get Immigrant Status Based on Employment?" If you would like to sponsor, or petition for, an overseas orphan, please refer to the information entitled "How do I bring an orphan to the United States to live?"
If you are a refugee or an asylee and wish to sponsor, or petition for a relative, please refer to the document entitled "How Do I Get my Children or Spouse Derivative Asylum (or Refugee) Status?"
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 USCIS 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.
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.
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 Secretary of Homeland Security 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 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 Without Visa (TWOV) - A transit alien traveling without a nonimmigrant visa under section 233 of the INA. An alien admitted under agreements with a transportation line, which guarantees his immediate and continuous passage to a foreign destination.
Treaty Trader or Investor - As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien’s spouse and unmarried minor children.
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.
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.