Term |
Definition |
Acquired Citizenship |
Citizenship that is conferred at birth on children born abroad to a U.S. citizen parent. |
Adjustment to Immigrant Status |
Procedure that allows 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. |
Adoption |
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). 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. |
Advance Parole |
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. Authorized at an USCIS District office in advance of the alien's arrival. |
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). |
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 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. |
Beneficiaries |
When a U.S. citizen, legal permanent resident, or employer files a petition for an alien to receive immigration benefits from the USCIS. These beneficiary aliens 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. For example, someone engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and who receives no salary from U.S. sources. |
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 certificate document that is issued to derivative citizens and to persons who acquired U.S. citizenship. |
Conditional Resident |
Any alien granted permanent resident status on a conditional basis, for example the spouse of a U.S. citizen or 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 Chargeability |
The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations. |
Country of 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 they are entitled to be protected. |
Deferred Inspection Parole |
Conferred by an immigration inspector when aliens arrive at a port of entry with documentation. After preliminary examinations, some question remains about their admissibility which can best be answered at their point of destination. |
Deportable Alien |
An alien in and admitted to the United States that is 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. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated deportation and exclusion 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. |
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 is currently 55,000. |
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 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 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge. |
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. Since 1987, an unallocated reserve was incorporated into the admission ceilings. |
Immigrant |
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 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 USCIS. |
Immigration Act of 1990 |
Public Law 101-649 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 Reform and Control Act of 1986 (IRCA) |
Public Law 99-603 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 (INA) |
The Act which relates to the immigration, temporary admission, naturalization, and removal of aliens. |
| Inter-company 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. This includes 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." |
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 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 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 USCIS. |
| 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 their naturalization application in any district instead of where they reside; 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. |
| 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. |
| Visa |
A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification such as: 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 admission on the applicant's Arrival/Departure Record (I-94 white or I-94W green) and in their 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. |