As with any complicated topic, immigration practitioners tend to speak in a short-hand that is understood by other practitioners, but sometimes leaves our clients feeling a little confused. If you are consulting with an immigration practitioner and feel like you are not fully understanding what they are saying, you should never feel uncomfortable asking them to slow down and explain a concept in greater detail. This is YOUR process and YOUR future. Following is a glossary of immigration terms, by no means comprehensive, that explains some of the “jargon” used by immigration lawyers.
If you are looking for an immigration attorney to assist with your needs, please contact Berardi Immigration Law today for a consultation.
| Adjustment of Status | The process that allows an eligible individual already in the United States to apply for lawful permanent residence (a green card) without returning to their home country for consular processing. |
| Advance Parole | A travel document that permits certain foreign nationals with pending immigration applications (such as adjustment of status) to reenter the U.S. after traveling abroad. |
| Affidavit of Support | A legally binding contract (Form I-864) in which a sponsor agrees to financially support an intending immigrant to prevent them from becoming a public charge. |
| Alien Registration Number (A-Number) | A unique identification number assigned by USCIS to non-citizens involved in immigration proceedings. |
| Alien/Foreign National | An individual, living in the United States, who is not a U.S. citizen. |
| Amendment | A petition or application filed to communicate changes to the government. May be filed with or without a request for extension. |
| Asylum | Protection granted to individuals already in the United States who cannot return to their home country due to persecution or a well-founded fear of persecution. |
| B-1 Visa | A non-immigrant visa for temporary business visitors attending meetings, conferences, or negotiations. |
| B-2 Visa | A non-immigrant visa for tourism, medical treatment, or visiting family. |
| Biometrics Appointment | An appointment where fingerprints, photographs, and a signature are collected for background and security checks. |
| Cap Gap | An extension of F-1 student work authorization (OPT) that bridges the period between the expiration of OPT and the start of approved H-1B employment. |
| CBP | Customs and Border Protection – U.S. Customs and Border Protection (CBP) is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs, and immigration. |
| CIR | Comprehensive Immigration Reform |
| CIS | United States Citizenship and Immigration Services (USCIS) is a component of the United States Department of Homeland Security (DHS). It performs many administrative functions formerly carried out by the former United States Immigration and Naturalization Service (INS), which was part of the Department of Justice. |
| Consular Processing | The process of applying for an immigrant visa at a U.S. embassy or consulate abroad. |
| Consulate | A U.S. government office located outside the United States that provides visa services, passport assistance for U.S. citizens, and other consular services. Consulates are typically located in major cities and operate under the supervision of a U.S. embassy. |
| Deferred Action for Childhood Arrivals (DACA) | A discretionary program providing temporary protection from removal and work authorization to certain individuals brought to the U.S. as children. |
| Deportation (Removal) | The formal process of expelling a non-citizen from the United States for violating immigration laws. |
| DHS | The United States Department of Homeland Security (DHS) is a cabinet department of the United States federal government, created in response to the September 11th attacks, and with the primary responsibilities of protecting the United States of America and U.S. territories (including Protectorates) from and responding to terrorist attacks, manmade accidents, and natural disasters. |
| DOS | The United States Department of State (DoS) often referred to as the State Department, is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries. |
| Dual Intent | A doctrine allowing certain visa holders (such as H-1B or L-1) to hold temporary non-immigrant status while also intending to pursue permanent residence. |
| E-Verify | E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. |
| EAD | Employment Authorization Document (Card) |
| EB-1 Green Card | An employment-based immigrant category for individuals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers. |
| EB-1 through EB-5 | Employment-based “preference” categories – defines requirements for filing and how a green card petition is categorized and prioritized. |
| EB-2 National Interest Waiver (NIW) | An employment-based green card category allowing qualified individuals to waive the job offer requirement if their work benefits the United States. |
| EB-3 Green Card | An employment-based immigrant category for skilled workers, professionals, and certain other workers. |
| Embassy | The primary diplomatic office of the United States in a foreign country, usually located in the capital city. An embassy oversees diplomatic relations and supervises consulates within that country. |
| Employment Authorization Document (EAD) | A work permit issued by USCIS that authorizes certain non-citizens to work legally in the United States. |
| Extension | A petition or application filed without changes after a status has already been granted but is due to expire. |
| F-1 Student Visa | A non-immigrant visa allowing international students to study at accredited U.S. institutions. |
| Green Card | Also known as a Permanent Resident Card. Grants lawful permanent resident (LPR) status and the right to live and work permanently in the United States. |
| H-1B Visa | A non-immigrant visa for specialty occupations requiring at least a bachelor’s degree or equivalent. |
| H-2A Visa | A temporary visa for agricultural workers. |
| H-2B Visa | A temporary visa for non-agricultural seasonal workers. |
| I-131 Application for Travel Document | The form used to apply for advance parole or a re-entry permit. |
| I-140 Immigrant Petition | A petition filed by an employer (or self-petitioning applicant in certain categories) to sponsor a foreign worker for permanent residence. |
| I-485 Application | The application filed to adjust status to lawful permanent resident. |
| I-797 | A USCIS notice sent to a customer in order to communicate information related to case status and processing such as: receipt, rejection, transfer, re-open, appointment scheduling, and approval. |
| I-9 | Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. |
| I-94 Card | A card previously given to all non-immigrants when they are granted entry to the United States. It serves as evidence that the person has entered the country legally. It also includes a stamp with a date indicating how long that person may stay here. This card is being phased out. Electronic versions of the card may be obtained at https://i94.cbp.dhs.gov/I94/request.html |
| ICE | U.S. Immigration and Customs Enforcement (ICE) is a United States federal law enforcement agency under the United States Department of Homeland Security (DHS), responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation’s border, economic, transportation, and infrastructure security. |
| Immigrant | An individual seeking to live in the United States on a permanent basis; green card holder. |
| Immigrant Visa | A visa issued to individuals intending to live permanently in the United States. |
| Immigration and Nationality Act (INA) | The primary body of U.S. immigration law governing visas, citizenship, enforcement, and eligibility. |
| Inadmissibility | Legal grounds that prevent an individual from entering or adjusting status in the United States. |
| KCC | Kentucky Counselor Center is a centralized processing facility for petition-based nonimmigrant visa programs and for the Diversity Visa program (also known as “green card lottery”). |
| L-1 Visa | A non-immigrant visa for intracompany transferees working in managerial, executive, or specialized knowledge roles. |
| Lawful Permanent Resident (LPR) | An individual authorized to live and work permanently in the United States. |
| NAFTA Treaty | The North American Free Trade Agreement (NAFTA) is an agreement signed by Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. The agreement came into force on January 1, 1994. Created TN and L visa categories. |
| Naturalization | The process taken by individuals, born in other countries, who are eligible to become U.S. citizens and who wish to do so. |
| NEXUS | Allows expedited travel via land, air or sea to approved members between the U.S. and Canada border. |
| Nonimmigrant | An individual entering the U.S. to live and work on a temporary basis. |
| O Visa | A non-immigrant visa for individuals with extraordinary ability in science, arts, business, education, athletics, or entertainment. |
| Passport | A document issued by a national government that certifies the identity and nationality of its holder for the purpose of international travel. It indicates the willingness of the country to “take the traveler back.” |
| PERM Labor Certification | A process through which an employer proves there are no qualified U.S. workers available for a job before sponsoring a foreign worker for permanent residence. |
| Permanent Resident | Also, LPR or green card holder – a person born in another country who has been granted permission to live and work permanently in the United States. |
| PIMS | Petition Information Management Service – Before a U.S. Consulate can issue certain petition-based visas, details of the approved petition must have been uploaded to the Petition Information Management Service. Information from the petition is transferred from USCIS to a State Department processing center in Kentucky, and uploaded to the PIMS system. |
| POE | Port of Entry |
| Priority Date | The priority date is used to determine an individual’s place in line in the visa queue. When the priority date becomes current, the individual will be eligible to apply for an immigrant visa. |
| Public Charge | A ground of inadmissibility relating to whether an individual is likely to depend primarily on government assistance. |
| Re-entry Permit | A travel document allowing permanent residents to remain outside the U.S. for extended periods without abandoning residency. |
| Refugee | An individual outside the United States who cannot return to their home country due to persecution and is admitted under humanitarian protections. |
| Removal Proceedings | Immigration court proceedings to determine whether a non-citizen should be removed from the United States. |
| Retrogression | Visa retrogression occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. |
| RFE | Request for Evidence – issued when USCIS needs more information to make a determination on an application or petition. |
| SEVIS | The Student and Exchange Visitor Information System used to track F-1 and J-1 visa holders. |
| Status | Status is classified under the category of admission (such as visitor, student, intra-company worker) and the duration of stay permitted. |
| Stay | The length of time for which an individual’s status is authorized. |
| STEM OPT Extension | A 24-month extension of Optional Practical Training for F-1 students in qualifying STEM fields. |
| Temporary Protected Status (TPS) | A temporary humanitarian protection granted to nationals of designated countries experiencing armed conflict or natural disasters. |
| TN | A nonimmigrant visa category. |
| TN Visa | A non-immigrant visa under the USMCA allowing qualified Canadian and Mexican professionals to work in the U.S. |
| Travel Ban | A presidential proclamation restricting entry from certain countries for security or policy reasons. |
| USCIS | U.S. Citizenship and Immigration Services — the federal agency that processes immigration benefits. |
| Vermont Service Center | One of several USCIS service centers that processes certain immigration petitions and applications. |
| Visa | An actual document issued to an individual and placed in their passport by an official at a U.S. Consulate or Embassy. |
| Visa Bulletin | A monthly publication by the U.S. Department of State showing immigrant visa availability and priority date cutoffs. |
| Visa Overstay | Remaining in the United States beyond the authorized period of admission. |
| Visa Waiver Program (VWP) | A program allowing nationals of certain countries to visit the U.S. for up to 90 days without obtaining a visa. |
| WHTI | Western Hemisphere Travel Initiative (WHTI) requires U.S. and Canadian travelers to present a passport or other document that denotes identity and citizenship when entering the U.S. It is a result of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). |
| Work Permit | A general term for employment authorization allowing a non-citizen to work legally in the United States. |
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