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Fiance(e)s of US
Citizen - A
nonimmigrant alien coming to the United States to
conclude a valid marriage with a US citizen within
ninety days after entry.
Files Control Office
- An Immigration and
Naturalization Service field office--either a
district (including INS overseas offices) or a sub
office 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.
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.
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.
Immediate Relatives
- Certain immigrants who
because of their close relationship to US 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 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.
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 Immigration and
Naturalization Service 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 US 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.
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.
Labor Certification
- Requirement for US
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 US employers as to the
numbers of US 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 US 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.
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 US 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
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 US 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.
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 US citizenship. The application is filed with
the Immigration and Naturalization Service 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 US 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 US
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.
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.
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 US Government in
the Panama Canal Zone who are Panamanian nationals,
their spouses and children; and 3) certain former
employees of the Panama Canal Company or Canal Zone
Government on April 1, 1979, their spouses and
children. The Act provides for admission of a
maximum of 15,000 immigrants, at a rate of no more
than 5,000 each year.
Parolee
- A parolee is an alien, appearing to be
inadmissible to the inspecting officer, allowed into
the United States for urgent humanitarian reasons or
when that alien's entry is determined to be for
significant public benefit. Parole does not
constitute a formal admission to the United States
and confers temporary status only, requiring
parolees to leave when the conditions supporting
their parole cease to exist. Types of parolees
include:
1) Deferred
inspection: authorized at the port upon alien's
arrival; may be conferred by an immigration
inspector when aliens appear at a port of entry with
documentation, but after preliminary examination,
some question remains about their admissibility
which can best be answered at their point of
destination.
2) Advance parole:
authorized at an INS District office in advance of
alien's arrival; may be issued to aliens residing in
the United States in other than lawful permanent
resident status who have an unexpected need to
travel and return, and whose conditions of stay do
not otherwise allow for readmission to the United
States if they depart.
3) Port-of-entry parole:
authorized at the port upon alien's arrival; applies
to a wide variety of situations and is used at the
discretion of the supervisory immigration inspector,
usually to allow short periods of entry. Examples
include allowing aliens who could not be issued the
necessary documentation within the required time
period, or who were otherwise inadmissible, to
attend a funeral and permitting the entry of
emergency workers, such as fire fighters, to assist
with an emergency.
4) Humanitarian parole:
authorized at INS headquarters 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 INS headquarters
for "significant public benefit" specified in the
law. It is generally used for aliens who enter to
take part in legal proceedings.
6) Overseas parole:
authorized at an INS District or suboffice while the
alien is still overseas; designed to constitute
long-term admission to the United States. In recent
years, most of the aliens the INS has processed
through overseas parole have arrived under special
legislation or international migration agreements.
Per-Country Limit
- The maximum number of
family-sponsored and employment-based preference
visas that can be issued to citizens of any country
in a fiscal year. The limits are calculated each
fiscal year depending on the total number of
family-sponsored and employment-based visas
available. No more than 7 percent of the visas may
be issued to natives of any one independent country
in a fiscal year; no more than 2 percent may issued
to any one dependency of any independent country.
The per-country limit does not indicate, however,
that a country is entitled to the maximum number of
visas each year, just that it cannot receive more
than that number. Because of the combined workings
of the preference system and per-country limits,
most countries do not reach this level of visa
issuance.
Permanent Resident
Alien - an alien
admitted to the United States as a lawful permanent
resident. Permanent residents are also commonly
referred to as immigrants; however, the Immigration
and Nationality Act (INA) broadly defines an
immigrant as any alien in the United States, except
one legally admitted under specific nonimmigrant
categories (INA section 101(a)(15)). An illegal
alien who entered the United States without
inspection, for example, would be strictly defined
as an immigrant under the INA but is not a permanent
resident alien. Lawful permanent residents are
legally accorded the privilege of residing
permanently in the United States. They may be issued
immigrant visas by the Department of State overseas
or adjusted to permanent resident status by the
Immigration and Naturalization Service in the United
States.
Port of Entry
- Any location in the
United States or its territories that is designated
as a point of entry for aliens and US citizens. All
district and files control offices are also
considered ports, since they become locations of
entry for aliens adjusting to immigrant status.
Pre-inspection
- Complete immigration
inspection of airport passengers before departure
from a foreign country. No further immigration
inspection is required upon arrival in the United
States other than submission of INS Form I-94 for
nonimmigrant aliens.
Preference System
(prior to fiscal year 1992)
- The six categories among
which 270,000 immigrant visa numbers were
distributed each year during the period 1981-91.
This preference system was amended by the
Immigration Act of 1990, effective fiscal year 1992.
(see Preference System - Immigration Act of 1990).
The six categories were: 1) unmarried sons and
daughters (over 21 years of age) of US 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 US citizens (10 percent); 5) brothers
and sisters of US 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 US citizens; 2)
spouses, children, and unmarried sons and daughters
of permanent resident aliens; 3) married sons and
daughters of US citizens; 4) brothers and sisters of
US 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 INS 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.
Refugee Approvals
- The number of refugees
approved for admission to the United States during a
fiscal year. Immigration and Naturalization Service
officers in overseas offices make refugee approvals.
Refugee Arrivals
- The number of refugees
the Immigration and Naturalization Service initially
admits to the United States through ports of entry
during a fiscal year.
Refugee Authorized
Admissions - The
maximum number of refugees allowed to enter the
United States in a given fiscal year. As set forth
in the Refugee Act of 1980 (Public Law 96-212) the
President determines the annual figure after
consultations with Congress.
Refugee-Parolee
- A qualified applicant for
conditional entry, between February 1970 and April
1980, whose application for admission to the United
States could not be approved because of inadequate
numbers of seventh preference visas. As a result,
the applicant was paroled into the United States
under the parole authority granted the Attorney
General.
Regional Offices
- The three INS Regional
Offices that supervise the work of INS Districts and
Border Patrol Sectors. The Regional Directors report
to the Executive Associate Commissioner for Field
Operations in INS Headquarters, Washington, DC. The
three Regional Offices are located in (Eastern
Region) Burlington, VT, (Central Region) Dallas, TX,
and (Western Region) Laguna Nigel, CA.
Registry Date
- Aliens who have
continuously resided in the United States since
January 1, 1972, are of good moral character, and
are not inadmissible, are eligible to adjust to
legal permanent resident status under the registry
provision. Before the Immigration Reform and Control
Act of 1986 amended the date, aliens had to have
been in the country continuously since June 30,
1948, to qualify.
Removal
- The expulsion of an alien
from the United States. This expulsion may be based
on grounds of inadmissibility or deportability.
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.
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 US
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
US 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 US
citizens to file for naturalization after three
years of lawful permanent residence instead of the
prescribed five years; 2) a surviving spouse of a US
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
US 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 US citizens, servicemen, seamen, and
employees of organizations promoting US interests
abroad.
Stateless
- Having no nationality.
Stowaway
- An alien coming to the
United States surreptitiously on an airplane or
vessel without legal status of admission. Such an
alien is subject to denial of formal admission and
return to the point of embarkation by the
transportation carrier.
Student
- As a nonimmigrant class
of admission, an alien coming temporarily to the
United States to pursue a full course of study in an
approved program in either an academic (college,
university, seminary, conservatory, academic high
school, elementary school, other institution, or
language training program) or a vocational or other
recognized nonacademic institution.
Suboffices
- Offices found in some
Districts that serve a portion of the District's
jurisdiction. A Suboffice, headed by an
Officer-in-Charge, provides many services and
enforcement functions. Their locations are
determined, in part, to increase convenience to INS'
customers.
Subject to the
Numerical Limit -
Categories of legal immigrants subject to annual
limits under the provisions of the flexible
numerical limit of 675,000 set by the Immigration
Act of 1990. The largest categories are:
family-sponsored preferences; employment-based
preferences; and diversity immigrants.
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.
Transit Alien
- An alien in immediate and continuous transit
through the United States, with or without a visa,
including, 1) aliens who qualify as persons entitled
to pass in transit to and from the United Nations
Headquarters District and foreign countries and 2)
foreign government officials and their spouses and
unmarried minor (or dependent) children in transit.
Transition Quarter
- The three-month
period--July 1 through September 30, 1976--between
fiscal year 1976 and fiscal year 1977. At that time,
the fiscal year definition shifted from July 1-June
30 to October 1-September 30.
Transit Without Visa (TWOV)
- A transit alien traveling
without a nonimmigrant visa under section 233 of the
INA. An alien admitted under agreements with a
transportation line, which guarantees his immediate
and continuous passage to a foreign destination.
Treaty Trader or
Investor - As a
nonimmigrant class of admission, an alien coming to
the United States, under the provisions of a treaty
of commerce and navigation between the United States
and the foreign state of such alien, to carry on
substantial trade or to direct the operations of an
enterprise in which he/she has invested a
substantial amount of capital, and the alien's
spouse and unmarried minor children.
Underrepresented
Countries - 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.
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
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