U.S. Immigration Terms Definitions
A...
- Accompanying Relative -
see'Derivative Beneficiary',below
- Adjustment of Status (AOS)
When one enters the U.S., he or she is given
a certain status based upon the reason for that
specific visit. Someone with a student visa, for
example, is given the status of a student that
allows him or her to study in the U.S
When a person who has nonimmigrant status wishes
to apply for a green card - this is called
adjustment of status. For example: someone who
entered the US in student status and thereafter,
weds a US citizen and applies for a green card
based upon that marriage.
Please note that changing from one type of
nonimmigrant status to another nonimmigrant
status is called change of status. For example:
changing from a student status to H-1B status
(temporary worker status).
- Admission -
Admission is defined as legal entry into the
United States of America as approved by a U.S.
Customs and Border Protection Officer (CBP). At
the port of entry, the CBP issues a Form I-94
(Arrival/Departure Card) stating both the legal
status and the duration for which you are
permitted to remain in the United States.
- Advance Parole -
Anytime you are adjusting status to a green
card and you wish to leave the country, special
permission is required to re-enter the US. This
is called Advance Parole. Green Card applicants
and their children under 21 must apply for
advance parole before leaving the United States
for any period of time (unless they are already
in specific temporary worker status i.e. H or L
status). If they do not, they risk having their
AOS applications cancelled by immigration
authorities.
- Affidavit of Support -
A document promising financial support by an
American citizen for a foreign national upon the
foreign nationals entry into the United States
in order to prevent him or her from requesting
US government financial assistance during the
stay in the US. A US citizen ("the sponsor") is
required to make this promise as part of a
family-based Immigration Visa application (and
in some limited employment situations).
- Alien -
Any person who is not a United States
citizen. In other words, a non-citizen.
Permanent residents are also aliens (they are,
however, considered legal
aliens).
- Alien Registration Receipt Card
The formal term for a "Green Card".
- Applicant -
A person making a formal request for a visa
or Green Card.In most cases, an applicant who
wishes to immigrate to the U.S. must be
supported by another person called a
'petitioner' (sometimes referred to as a
'sponsor').
- Application -
A formal request for a visa or a Green Card.
- Approval Notice
This gives notice that an applicant's request
for a temporary or permanent visa has been
examined and approved by the USCIS. The stage
during which a visa is issued begins following
the issuing of this notice.
- Arrival/Departure Card -
This is the formal name for Form I-94. This
card is issued at all US ports of entry by an
officer of the CBP. The card once issued by the
CBP Officer states the legal period of stay and
status by which the alien individual is
permitted to remain in the United States.This
card should be returned by the traveler upon his
departure from the United States.
- Asylum
Special status given to people who face
political persecution in their own countries.
Asylum seekers are called 'asylees' and, unlike
refugees, are required to be physically present
in the U.S. in order to file their application.

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B...
- Beneficiary
The person on whose behalf a petition is
filed. For example: when a U.S. citizen woman
files an application for her husband, she is the
petitioner, her husband is the beneficiary of
the petition who is eligible to apply for a
Green Card.
- Bona Fide Employer
This refers to an American employer
sponsoring a foreign employee who meets USCIS
requirements. Employers must prove financial
stability and regular company operations.
- Bona Fide Marriage
This refers to a genuine marriage and not one
entered into for the purpose of fraudulent entry
into the United States.
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C...
- Cancelled without Prejudice -
Embassy or consulate stamp of cancellation
that indicates an administrative mistake in the
visa or that the visa is a duplicate. It does
not affect the validity of other visas in the
passport nor does not prejudice future visa
applications
- Case Number
A number issued to immigrant visa
applications by the National Visa Center (NVC).
This number is issued to all permanent resident
applicants whether they are family-based or
employment-based as well as to winners of the DV
Lottery.
- Change of Status
Change of Status refers to an alien legally
entering the United States on a non-immigrant
visa (such as a student visa) and wishes to
change to another non-immigrant visa
classification (such as temporary skilled
employee status) without being required to exit
the US during the process.
- Conditional Residence
The USCIS provides two groups of immigrants
with conditional Green Cards valid for a period
of two years. Several months before the two year
period ends, the Green Card must be renewed
through a procedure called "Removal of
Conditional Status", using Form I-751 for
conditional residence based on marriage (form
I-829 to remove conditional status for investor
green card).
- Consular Officer
An employee of the United States government
assigned to handle consular affairs such as
issuing visas and passports. Consular officers
working for the Department of State decide who
is eligible to apply for a visa.
- Consular Processing
Applying for a visa or a Green Card in a
foreign country through the local US consulate.
For example, when a U.S. citizen marries a
non-citizen in a country other than the U.S.,
the non-citizen will need to apply for the Green
Card in that country using consular processing
- Consulate
An office belonging to the United States
government, usually located inside a U.S.
embassy, where consular affairs are handled.
- Customs & Border Protection (CBP) Officer -
Customs and Border Protection Officers are
stationed at all United States Ports of Entry to
provide the actual determination of a foreign
national's period of legal stay in the United
States, which will be noted upon a Form I-94
presented upon entry. CBP officers are
authorized to instigate a secondary
investigation to determine in a more detailed
manner a traveler's eligibility to enter the US.
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D...
- Denial of Admission
Entry to the United States may be denied by a
Customs and Border Protection Officer at a port
of entry due to one or more of a variety of
reasons e.g. suspicion of false pretenses,
suspicion regarding the intent to immigrate
illegally, etc.
- Denial of Visa
A request for an entry visa to the United
States that is denied by a US consul. Please
note that a consul has full authority to deny a
visa request, in spite of its previous approval
by the USCIS.
- Department of State
The branch of the U.S. government in charge
of U.S. embassies and consulates around the
world.
- Deportation
Also known as 'removal', it is the act of
removing an individual from the United States.
Removal proceedings usually require a hearing
conducted by an immigration judge. Persons
removed from the U.S. are generally barred from
reentering for five years unless a waiver is
granted.
- Derivative Beneficiary
Accompanying relatives; immediate family
members; the spouse or child (under 21 years
old) of a person eligible to receive a visa or a
Green Card. Derivative beneficiaries are usually
entitled to the same type of visa or Green Card
as their eligible relative because of the family
relationship. Note that under the
Immediate Relative category (see below) there
are no derivative beneficiaries allowed.
- Department of Homeland Security DHS
Created in 2002, the Department of Homeland
Security coordinates the internal security
agencies and bodies such as US Customs, the
Coast Guard, Citizenship and Immigration and
Ports of Entry, etc.
- Dual Intent
"Dual Intent" indicates an intention to
immigrate at some time in the future while
properly and currently maintaining nonimmigrant
status. Dual Intent is a doctrine recognized
within the framework of various visa
classifications such as H-1 and L-1.
- Duration of Status (D/S)
Duration of Status is a term recorded on
certain I-94 cards issued to foreign nationals
at American Ports of Entry by a US Immigration
Inspector. This stamp indicates the period
during which a foreign national may remain
legally in the United States
- DV Lottery
The Diversity Immigrant Visa Lottery (DV
Lottery) is a lottery conducted annually that
issues 50,000 green cards worldwide.
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E...
- EB-1 Employment Based Immigration
This is an employment based green card
classification. The following are eligible to
apply for this type of green card: (1) people
who possess extraordinary ability
in the sciences, arts, education, business, or
athletics; (2) outstanding professors or
researchers; and (3) multinational managers.
- EB-2
The EB-2 classification is open to those
foreign nationals who are professionals holding
advanced degrees or their equivalent or
exceptional ability in the sciences, arts, or
business who will substantially benefit American
interests or welfare.
- EB-3
This classification is open to professionals
with at least a Bachelors Degree; foreign
nationals who have two years of experience as
skilled workers; or unskilled workers who
perform labor for which qualified workers are
not available in the United States.
- EB-4
The EB-4 classification is intended for
special immigrant religious workers and other
special classifications such as battered women.
- EB-5 Immigration through Investment
The EB-5 classification is intended for those
foreign nationals who have made or are making a
significant commercial investment in a new or
existing enterprise and through this investment
create and/or maintain a certain number of jobs
for Americans.
- Employment Authorization Document (EAD)-
The EAD is a work permit available for
spouses of principal visa holders of J-1, A-1,
E-1, E-2 and L-1. It is considered almost as
flexible as a Green Card. You must file a form
I-765 in order to receive an EAD.
- Exchange Visitor (J-1)
A J-1 Exchange Visitor is a foreign national
participating in an educational, occupational
training or scientific research exchange program
- Extension
To extend a petitioner's status in the US.
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F...
- Family First Preference
Family First Preference is the track by which
an American citizen may obtain a LPR visa for
their foreign national unmarried children over
the age of 21.
- Family Second Preference
Family Second Preference is the track by
which an LPR may obtain a LPR visa for their
foreign national spouse and children under 21;
and unmarried children over the age of 21.
- Family Third Preference
Family Third Preference is the track by which
an American citizen may obtain a LPR visa for
their foreign national married children over the
age of 21.
- Family Fourth Preference
Family Fourth Preference is the track by
which an American citizen may obtain a LPR visa
for their foreign national siblings, their
spouses and children.
- Fiance Visa
K-1 Fiance Visa is a non-immigrant visa that
allows fiances who are engaged or contracted to
be married to an American citizen to enter the
US. The wedding ceremony must be held within a
90 day period from the date of entry.
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G...
- Green Card/GC
A Green Card is a special permit allowing its
holder to permanently live and work in the
United States.
I...
- Immediate Family Category
A spouse of a US citizen, An unmarried child
(under 21), or a parent of a US citizen over the
age of 21 may receive an immigrant visa without
having to wait for a priority number to become
available.
- Immigrant Visa
A visa intended for a person who wishes to
permanently stay in the United States. In order
to receive an immigrant visa a person needs to
meet certain requirements, usually in the area
of family ties or employment.
- Inadmissibility
Certain potential immigrants are ruled
inadmissible or undesirable by U.S. authorities
due to their past history, health, financial
situation or the danger that they pose to the
public. In some cases inadmissibility can be
overcome, usually through the help of an
attorney.
- Intra-Company Transferee Visa (L-1)
The L-1 Visa is intended to allow
multi-national corporations the opportunity to
transfer managers and experts to the United
States on a temporary basis.
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J...
- J-1 Designation
The J-1 Exchange Visitor Designation is the
accreditation in which an organization provides
J-1 sponsorship to a variety of specific
training programs.
- J-1 Sponsor
U.S. organization that sponsors foreign
nationals wishing to participate in an
occupational training program in the United
States.
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L...
- Labor Certification (LC)
Labor Certification is a process which
certain foreign nationals are obligated to
follow in order to receive permission to work in
specific fields in the United States.
- Labor Condition Application (LCA)
All H-1B visa petitioners must apply and
receive preliminary approval, called an LCA,
from the Department of Labor in order to receive
subsequent visa approval.
- Lawful Permanent Resident (LPR)
A Lawful Permanent Resident is any person not
a citizen of the United States legally and
lawfully residing the United States. All LPR's
are required to maintain and carry a Green Card.
- Legal Status (In Status/Out Status)
This is adhering to the terms of the status
given upon entry to the US. For example, you are
a foreign national on a student visa engaged in
fulltime study and not working, you are "in
status." If you work full time in your uncle's
shop and don't study, you are "out of status."
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N...
- National Visa Center (NVC)
Located in Portsmouth, New Hampshire, the
National Visa Center (NVC) processes immigrant
visa petitions from the Department of Homeland
Security (DHS) for those who will apply for
immigrant visas at US embassies and consulates.
- Naturalization
The process through which an alien
(non-citizen), becomes a U.S. citizen.
- Nonimmigrant Visa
A visa intended for people wishing to enter
the United States for a temporary period of
time. Nonimmigrant visa categories include
tourists, businessmen, workers, students, etc
- Nonimmigrant Visa Application (DS-156)
The form is an application to receive a visa
(permit of entry stamped in a foreign passport)
presented to a local US consulate.
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O...
- Overstay
"Overstay" is the term that describes the
situation in which a visitor to the United
States remains in the country after the date
approved and recorded on his I-94 form.
"Overstay" is grounds for sanctions to be
instituted against the foreign national ranging
from cancellation of the visa to denial of entry
based upon the duration of the "overstay"
period.
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P...
- Passport
A passport is an official document of a
nation that when issued to a citizen serves as
legal documentation of the holder's identity and
allows the individual to cross national borders
in accordance with the countries' laws and
statutes
- Permanent Resident/PR
A person with a Green Card who is allowed to
legally live and work in the U.S.
- Petition
A formal request made by either a U.S.
citizen or a permanent resident (PR) on behalf
of an applicant (the beneficiary), proving the
applicant is qualified to receive an immigrant
visa or a Green Card.
- Port of Entry
The port of entry is that point where a
foreign national enters the United States. It is
at this location where he will undergo an
examination of identity, verification of
biometric data, examination of the validity of
one's passport and where the attached visa will
be allocated and/or approved to enter the United
States.
- Port of Exit
The port of exit is that point where a
foreign national departs the United States. It
is at this location where he may undergo an
examination of identity, verification of
biometric data, examination of the validity of
one's passport and visa in order to verify that
the visitor was "in status" during the period
since the visitor entered the United States (See
Overstay).
- Premium Processing
Premium Processing Service, where available,
provides applicants with the opportunity to
obtain more rapid processing of their petition
with a payment of an additional $1,000. Premium
processing guarantees a response within 15
working days.
- Preference Categories
The categories in which relatives of U.S.
citizens and permanent residents apply for an
immigrant visa are ranked by preference from
highest to lowest. Each category is granted a
certain number of visas annually. The waiting
period for each category varies according to the
number of visas in the category.
- Preference Relative
A family member of a U.S. citizen or
permanent resident who belongs to one of the
preference categories.
- Prevailing Wage
Prevailing Wage is the hourly wage,
employment benefits and overtime, paid in a
specific field, in the county in which a foreign
national will be employed
- Priority Date
The date on which an application was filed
with the immigration authorities. By checking
the Visa Bulletin (see below) published by the
Department of State, an applicant can see which
priority dates are currently being processed,
and then can estimate how long he or she will
have to wait for their visa.
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Q...
- Quota
A specific number of immigrants who are
allowed to come to the United States in each
category every year. Immediate relatives are not
subjected to quotas. Quotas are set by the U.S.
Congress each year.
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R...
- Receipt Notice
This is an I-797 Notice of Action confirming
that Department of Homeland Security received a
petition or application.
- Re-entry Permit -
Legal Permanent Residents (Green Card
holders) who know in advance that they will need
to remain outside the US for over one year may
apply for a re-entry permit. A re-entry permit
preserves the green card and proves that you do
not intend to abandon permanent residence while
outside the US.
Re-entry permits are issued for a period of two
years and may be extended, under certain
circumstances, for an additional period of two
years. Re-entry permits are filed on form I-131.
- Religious Workers Visa (R-1)
The R-1 visa is issued to non-immigrant
foreign nationals engaged in religious work
within the framework of a recognized
denomination. This visa requires organizational
sponsorship by a non-profit organization. This
visa is applicable to priests, ministers and
religious instructors and others who provide
religious services.
- Refugee
A person fleeing his or her country to escape
persecution and who is seeking special
immigration status in the United States. Unlike
asylees (see above), refugees can apply for
their special status before coming to the U.S.
- Removal
The formal name for deportation, the act of
expelling a person from the US.
- Removal Proceedings
A legal procedure for removing a person from
the United States. Removal proceedings are held
in front of an immigration judge who decides
whether the person can/should be removed from
the United States.
- Request for Evidence (RFE)
The RFE is a written and detailed request
made by the USCIS to a visa applicant to provide
additional documentation in order to establish
and/or support visa eligibility. In such cases,
the applicant or petitioner is usually given no
more than 12 weeks to respond to a request for
evidence
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S...
- Secondary Inspection
A thorough investigation conducted by a CBP
Officer when questions arise concerning the
validity of a foreign national's eligibility to
enter the United States. The inspection may
result in a decision to deny entry.
- Security Checks
Background investigations conducted in order
to prevent certain individuals from entering the
US.
- Service Center
A USCIS office for handling immigration
issues for people in the U.S.
- Special Immigrant Visa -
If a permanent resident (green card holder)
remained outside the US for over a year without
first receiving special permission (re-entry
permit, see above), they may need to request a
special immigrant visa in order to return to the
US in LPR status.
You must apply for a special immigrant visa at
the local consulate with proof of the reason
that required the stay outside the US. You must
also prove that there was no intention of
abandoning your residence in the US
- Specialty Occupation Visa (H-1B)
H-1B visas are intended for persons in a
specialty occupation, which requires the
theoretical and practical application of
knowledge obtained with the completion of a
specific course of higher education
- Sponsor
The term 'sponsor' is often used to describe
the petitioner. In order to be a sponsor, you
must have minimum income or assets above a
certain level determined by the U.S. government.
- Spouse
A spouse is a legally married husband or wife
and considered eligible to receive a derivative
visa.
- Spouse of a US Citizen Visa (K-3)
K-3 visas were instituted to help foreign
spouses of US citizens to enter the US while
waiting for their green card to be approved.
- Student Visa (F-1)
The F-1 Student Visa is issued to foreign
nationals accepted to accredited US educational
programs. The visa is valid as long as the
student maintains a full-time program of study.
- Supplemental Nonimmigrant Visa Application
(DS-157)
The DS-157 is a supplemental visa application
for non-immigrant visas in which the petitioner
is requested to provide information that will
assist the relevant authorities in the conduct
of their security background investigations.
This form is presented to the consulate when
applying for an NIV. In most cases, this
information is requested of males between the
ages of 16-45.

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T...
- Technology Alert List (TAL)
The Technology Alert List provides a summary
of technologies and fields with potential
"dual-use" applications. The TAL list is a
comprehensive security check that includes every
technology or skill involving chemistry,
immunology and pharmacology, as well as
architecture, civil engineering, and urban
design.
- Temporary Visitor Visa (B-1/B-2)
This is the most common visa classifications
for short-term visits to the United States.
- Temporary Worker
A temporary worker is a nonimmigrant employee
legally permitted to work in the United States
for a limited period under certain
classifications
- Treaty Investor Visa (E-2)
This visa is intended for those citizens of
countries that have concluded a Bi-lateral
Investment Treaty with the United States and are
in the progress of or have made a substantial
capital investment in a bona fide US business.
- Treaty Trader Visa (E-1)
This visa is intended for those citizens of
countries that have concluded a Bi-lateral Trade
Agreement with the United States and carry on
trade of a substantial nature, which is
international in scope.
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U...
- United States Citizenship and Immigration
Services (USCIS)
In March 2003, the U.S. Immigration and
Naturalization Service (INS) was made part of
the Department of Homeland Security (DHS) and
renamed the U.S. Citizenship and Immigration
Services (USCIS). The USCIS is responsible for
the secure, efficient and improved
administration of immigration and naturalization
adjudication functions and establishing
immigration services policies and procedures.
- Undocumented Alien
An illegal alien. A person who entered the
United States without receiving permission from
the U.S. government and is therefore in the U.S.
illegally.
- US-VISIT
US-VISIT is a program to enhance border and
national security while easing legitimate travel
and trade. It makes use of biographic and
biometric technologies as well as high-speed
information transfers.
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V...
- Visa
A permit issued by a consulate of the United
States giving a person permission to seek
entrance to the U.S. at a port of entry.
- Visa Bulletin
A chart issued by the Department of State
showing which priority numbers are currently
being processed. The Visa Bulletin helps
applicants estimate how long they will have to
wait for their visas by listing the waiting
period other applicants had to go through
- Visa Interview
Conducted by a consular officer serves as an
important instrument in determining eligibility,
potential causes for denial and the need for any
special security checks (e.g. TAL).
- Visa Waiver Program (VWP)
The VWP allows citizens of some 27
participating countries to enter the United
States as visitors for pleasure or business
without first getting a visa. Visitors can stay
only 90 days and cannot extend their stay.
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W...
- Waiver (of Ineligibility)
Applicants who are inadmissible to enter the
US must request special permission to disregard
the reason for the inadmissibility and issue the
visa.