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 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.
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.
A document promising financial support by an American citizen for a foreign national upon the foreign national’s 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).
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').
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.
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.
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.
The person on whose behalf a petition is filed. For example, when a U.S.citizen wife 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.
An embassy or consular stamp of cancellation indicating 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 it prejudice future visa applications.
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.
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 U.S.during the change of status process.
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 an investor green card).
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.
Applying for a visa or a Green Card in a foreign country through the local U.S. consulate or embassy. 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.
In the DV lottery consular processing refers to the verification of details and identity done with the nearest U.S. consulate to the selected individuals’ geographic location.
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.
A request for an entry visa to the United States that is denied by a U.S. consulate. Please note that a consul has full authority to deny a visa request, in spite of its previous approval by the USCIS.
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.
The federal department that administers all matters relating to homeland security.
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.
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 visa or Green Card type as their eligible relative because of the familial relationship. Note: that under the Immediate Relative category (see below) there are no derivative beneficiaries allowed.
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 is a term recorded on certain I-94 cards issued to foreign nationals at American ports of entry by a U.S. Immigration Inspector. This stamp indicates the period that a foreign national may remain legally in the United States.
The Diversity Immigrant Visa Lottery (DV Lottery) is a lottery conducted annually that issues a minimum of 50,000 green cards to applicants from specifically selected countries worldwide The federal department that administers all matters relating to homeland security.
An employment based Green Card classification. The following are eligible to apply for this class 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 relating to homeland security.
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.
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.
The EB-5 classification is intended for those foreign nationals who have made or are making a significant and approved commercial investment in a new or existing enterprise and through this investment create and/or maintain a certain number of jobs for Americans.
Work permit available for spouses of principal visa holders of J-1, A-1, E-1, E-2 and L-1 status. It is considered almost as flexible as a Green Card. You must file a form I-765 in order to receive an EAD.
K-1 Fiancé Visa is a non-immigrant visa that allows fiancés who are engaged or contracted to be married to an American citizen to enter the U.S. The wedding ceremony must be held within a 90 day period from the date of entry.
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.
Certain potential immigrants are ruled inadmissible or undesirable by U.S. authorities due to their past history, health, financial situation or potential danger that they may pose to the public. In some cases inadmissibility can be overturned, usually through the help of an attorney.
Adhering to the terms of the status given upon entry to the U.S. 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 status.”
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 global US embassies and consulates.
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.
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.
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.
The port of entry is the 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.
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).
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.
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.
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.
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.
Legal Permanent Residents (Green Card holders) who know in advance that they will need to remain outside the U.S. for more than 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 U.S. 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.
Individual fleeing his or her country to escape persecution and who is seeking special immigration status in the United States. Unlike Asylum(see above), refugees can apply for their special status before coming to the U.S.
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 other religious service providing individuals.
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 or should be removed from the United States.
A 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.
A thorough investigation conducted by a CBP Officer when suspicions concerning the validity of a foreign national’s eligibility to enter the United States. The inspection may result in a decision to deny entry.
If a permanent resident (green card holder) remained outside the U.S. 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 U.S. 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 U.S. You must also prove that there was no intention of abandoning your residence in the U.S.
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
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.
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.
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 U.S. business.
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.
In March 2003, the U.S. Immigration and Naturalization Service (INS) joined the Department of Homeland Security (DHS) and was 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.
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.
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.
Alternative name for US Green Card Lottery program. The intention of the US Diversity Visa Lottery program is to diversify the population of the U.S., through immigration of individuals and their families from specifically selected countries.
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.