|
Term |
Definition |
|
'A'
number |
A
unique 8- or 9-digit identification number preceded by the letter
“A.” Assigned to most non-citizens during on application for
immigrant status. |
|
Adjustment of status
AOS |
The
process through which certain non-citizens apply for permanent
residency. The process is completed while the non-citizen is
within U.S. borders and does not require non-citizens to return to
their country of nationality.
Prior immigration violations,
such as unlawful entry, and certain criminal acts may make an
applicant ineligible to apply from within the United States, though
waivers (exceptions) may be available in some instances.
|
|
Admissible |
A
non-citizen who is eligible to enter the U.S.
Immigration law bars certain individuals from entering the U.S.,
mostly on health, economic or crime-related grounds.
|
|
Admission |
The
decision of the Department of Homeland Security (DHS) whether to
allow a non-citizen at a United States border or port-of-entry to
enter the United States.
Whether a person is admitted to legally come into the U.S. and on
what date may determine whether that person will be eligible for
immigration applications that he/she might file in the future.
Persons who
are not admitted are not legally present in the U.S.
Technically, a DHS immigration official conducts an “inspection” and
then makes a decision about “admission” of each person wanting to
enter the U.S. in separate steps. But because the two steps happen
essentially at the same time, these two terms are used almost
interchangeably. |
|
Affidavit of support |
A
form filed by a United States citizen or lawful permanent resident
sponsor on behalf of a non-citizen seeking lawful permanent
residence in the U.S. The affidavit verifies that the sponsor has
sufficient income to support the persons intending to immigrate to
the U.S. and will provide the non-citizen with financial support
should the non-citizen be unable to work.
The
affidavit of support
is a
legally enforceable contract against the sponsor.
The sponsor must prove that he
or she has income equal to at least 125% of the federal poverty
level. The amount of income required depends on the sponsor's
household size. The household size is calculated based on the
number of dependents a sponsor has plus the sponsor plus any
previous persons sponsored for immigration plus the applicant and
his or her dependents. |
|
Affirmative asylum |
The
process in which asylum-seekers in the U.S. voluntarily present
themselves to the U.S. Government to ask for asylum.
Applications must be filed within 1 year after entering the U.S.
unless there is proof of changed circumstances.
The
affirmative application for asylum is made to the Asylum Office.
An asylum
application can also be made after apprehension by DHS. The
application is filed when the non-citizen appears in Immigration
Court. Such an asylum application is defensive asylum. |
|
Aggravated felony |
A
term created by statute to refer to a list of specific crimes and
categories of crimes. The
list of aggravated felonies have been vastly expanded over the years
by Congress and by court decisions.
Aggravated felonies
include crimes of violence, almost all drug-related offenses, sex
offenses and many property crimes.
In some circumstances, the
length of sentence defines a crime as an aggravated
felony even if the crime is classed as a misdemeanor under State
law.
Severe legal consequences attach to non-citizens that the government
determines to be aggravated felons.
Persons designated as aggravated felons also become much more
vulnerable to removal (deportation) from the U.S., resulting in a
lifetime disqualification from returning to the country.
|
|
Alien |
A
person who is not a citizen of the United States and who is in any
immigration status. |
|
Amnesty |
A
commonly-used term for programs that make it possible for illegal
aliens to legalize their immigration status. |
|
Apprehension |
The
capture of an alien suspected of violating immigration laws.
|
|
Asylee |
A
person who has been granted asylum status in the U.S.
Asylees are given certain legal rights, such as to be able to remain
indefinitely in this country, to bring spouses and minor children to
the U.S. as asylees, and to work legally.
Asylees
are eligible for some public benefits and to apply
for lawful permanent residence (green card) after a one-year waiting
period. |
|
Asylum |
A
legal immigration status sought by non-citizens who claims to be
afraid of harm in their home country.
Decisions on asylum
applications are made by the Department of Homeland Security and the
Department of Justice. Illegal entry into the U.S. does not
necessarily make one ineligible for asylum status.
Asylum applicants have the same
legal requirements to win their case as refugees. However, whereas
an asylum applicant applies for his/her status while in the U.S., a
refugee applies while abroad in a third country. |
|
Beneficiary |
A
non-citizen on whose behalf a U.S. or a lawful permanent resident,
or a U.S. employer has filed a immigration petition.
|
|
Board of Immigration Appeals
BIA |
The
highest U.S. administrative body for interpreting and applying
immigration laws.
The
BIA has nationwide jurisdiction to hear appeals from certain
decisions rendered by Immigration Judges and by some officials of
the Department of Homeland Security.
Many
BIA decisions can be appealed to the federal circuit courts of
appeal. |
|
Cancellation of removal |
A
form of legal relief that allows the non-citizen to avoid removal
(deportation).
It
cannot be obtained by direct application, but only during a removal
hearing in Immigration Court.
There are different types of cancellation of removal for different
violations of immigration law. General requirements include:
(1) long-term residence in the
U.S., generally 7 or 10 years;
(2) presence of “positive”
factors such as family ties in the U.S., stable employment history,
service in the armed forces, property ownership, value and service
to the community, and proof of genuine rehabilitation in the event
of a criminal history;
(3) absence of such “negative”
factors as a background of criminal and immigration violations or
bad character.
(4) “Exceptional hardship” to a
spouse, parent, or child who is a U.S. citizen or green card holder
if the applicant is deported from the U.S. |
|
Convention Against Torture
CAT |
The
common abbreviation for the Convention Against Torture. An
international treaty that bars torture. The U.S. is a
signatory of the treaty.
Under U.S. law, an
application for asylum also includes an application for relief under
CAT. Because a grant of asylum provides greater benefits than a
grant under CAT and with lower legal requirements, the asylum
application is considered first and, if granted, the CAT application
is not decided.
Individuals
in removal proceedings may use the CAT to avoid removal
(deportation) through a claim that returning them to their country
of nationality puts them at risk for torture. |
|
CBP |
The
abbreviation for the Customs and Border Protection. |
|
CIS |
The
abbreviation for the Citizenship and Immigration Services. Also
referred to as USCIS. |
|
CMT |
Abbreviation for a "crime of moral turpitude."
The
term "moral turpitude" is not defined in the immigration statute.
The courts have interpreted "moral turpitude" to involve dishonesty,
immorality, or violence. Crimes of moral turpitude often include
sexual offenses, fraud, weapons violations, drug offenses, and
crimes against individuals, property, and the government.
|
|
Conditional resident |
A
non-citizen granted permanent resident status on a conditional basis
due to a relationship with a qualified person, generally a United
States citizen spouse.
Conditional residents must file a second petition within a
designated time frame in order to retain United States residency. |
|
Consular processing |
The
process through which certain non-citizens apply for permanent
resident status while outside the United States, at a United States
embassy or consulate.
A person who
enters the U.S. illegally and subsequently marries a U.S. citizen
must do consular processing to obtain a green card.
This
is distinct from applying from within the Unites States, which is
referred to as “adjustment of status.” The illegal alien is
required to return to their country of nationality to get the green
card.
A
successful applicant enters the United States as a lawful permanent
resident. |
|
Credible fear interview |
An
abbreviated interview of a non-citizen who arrives in the United
States with false or no documents (and is therefore subject to
Expedited Removal) and who expresses a fear of persecution in one’s
own country or a desire to apply for asylum.
The
interview is conducted by an Asylum Officer (of the United States
Citizenship and Immigration Services of the Department of Homeland
Security).
A
successful non-citizen is entitled to a full asylum hearing before
an Immigration Judge. |
|
Customs and Border Protection |
The
agency that has responsibility for protecting U.S. borders.
CBP is part of Immigration and Customs Enforcement (ICE), which is
part of the Department of Homeland Security in 2003. |
|
Defensive asylum |
The
process in which asylum-seekers who are in removal (deportation)
proceedings submit an application for asylum to the Immigration
Court. |
|
Department of Homeland Security
DHS |
An
agency created by the Homeland Security Act of 2002 and which began
operations in 2003. One of its primary responsibilities is the
implementation and enforcement of immigration laws and policies. DHS
absorbed the functions of many different agencies within the U.S.
government, including the immigration responsibilities of the
Immigration and Naturalization Service. These immigration activities
are administered by the DHS division of Customs and Border
Protection (CBP), Immigration and Customs Enforcement (ICE), and
Citizenship and Immigration Service (CIS). |
|
Deportable |
A
commonly-used term to describe an alien who is no longer eligible to
live in the U.S. because of violating immigration laws.
The
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
of 1996 replaced the terms "deportable" with the term "removable." |
|
Deportation |
The
administrative process involving the removal of a person from the
U.S. who is not a U.S. citizen.
Under the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, the formal term for deportation was changed to
“removal”. |
|
Diversity visa |
An
immigrant visa lottery program established by the Immigration Act of
1990. It makes up to 55,000 immigrant visas per year available to
persons from countries with low admission rates to the United
States, in an attempt to diversify the immigrant pool to the U.S.
The
US Department of State administers the program. It is also known as
the "visa lottery" and "green card lottery". |
|
D/S |
Abbreviation
for "duration of status." Used on the immigration stamp in a
passport when an individual enters the U.S on certain non-immigrant
visas. It means that the individual is authorized to remain in the
U.S. until an immigration judge declares that the individual must
leave.
|
|
EAD |
The
abbreviation for an Employment Authorization Document. |
|
Employer sanctions |
A
series of civil fines for violations or criminal penalities levied
against employers who knowingly hiring, recruiting, or referring for
a fee aliens known to be unauthorized to work in the U.S.
|
|
Employment Authorization Document |
A
card verifying the legal authorization for an alien to work in the
U.S.
Also known
as a work permit.
U.S. citizens and lawful
permanent residents (green card holders) are eligible to work
without an EAD. |
|
Executive Office for Immigration Review
EOIR |
The
government office with oversight responsibilities for the
immigration court and the Board of Immigration Appeals. It is within
the Department of Justice and is abbreviated as EOIR. |
|
Expedited Removal |
A
process in which the U.S. government immediately removes
non-citizens seeking to enter the U.S. who are not authorized to so
enter.
Administered by officials of the Customs and Border Protection (CBP)
division of the Department of Homeland Security (DHS), the procedure
targets individuals who lack travel documents or who fraudulently
obtained their documents.
Before removing these persons, however, CBP officials are required
to ask a series of questions designed to identify potential
asylum-seekers. Those who are so identified must be allowed to
remain in the U.S. in order to undergo further screening for asylum.
|
|
EWI |
An acronym for "entered without inspection."
An individual who has entered without
inspection is an illegal alien and has not been legally admitted to
the U.S. |
|
Good moral character
GMC |
A term used to describe desirable character
traits of potential immigrants to the U.S. within the five years
prior to applying for an immigration benefit. Beyond the five year
time frame, the term is not defined by statue.
Absence of good moral character can be a
basis for denying an immigration benefit.
Typically, the prior five years of an
applicant's life are critical to the good moral character
determination. USCIS may look beyond the five years only if
there is evidence of lack of good moral character during the five
year statutory period. |
|
Green Card |
A
card given to lawful permanent residents of the U.S. The card serves
as an entry document, enabling lawful permanent residents to return
to the U.S. from abroad. It is also a generally-accepted form of
identification in the U.S.
Originally, the card was green
in color, but is now pink.
The official name of the green
card is Alien Registration Receipt Card.
Legal permanent residents are
often known as green card holders. |
|
I-94
Card |
A
card placed in the passport of most non-citizens at a port-of-entry
when entering the U.S. The card provides the identifying number and
includes name, date of birth, and country of nationality of its
holder.
The
card is stamped at the time of entry with information showing the
date and manner of entry and the expiration date of authorized stay
in the U.S.
The
I-94 is the primary proof of lawful admission into the country.
|
|
ICE |
The
abbreviation for the Immigration and Customs Enforcement. |
|
IJ |
The
abbreviation for Immigration Judge.
Immigration
judges are administrative law judges that preside in Immigration
Courts and also render decisions on appeals to the BIA. They
are appointed by the U.S. government for 7 year terms. |
|
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) |
Federal law passed in 1996 that substantially revised the
Immigration and Nationality Act.
|
|
IMFA |
The
abbreviation for the Immigration Marriage Fraud Amendments of 1986.
|
|
Immediate relative
IR |
Immediate relatives, if they meet certain legal requirements,
include spouses of citizens, children and stepchildren of citizens
who are under 21 years of age and unmarried, and parents of adult
citizens.
U.S.
immigration law limits the number of immigrant visas that can be
issued each year to individuals other than immediate relatives.
There are no limits on the number of immediate relative visas.
Under certain circumstances, an alien continues to be classed as an
immediate relative even if the family relationship ends, such as due
to death or domestic violence. |
|
Immigration and Customs Enforcement |
The
agency with responsibility for the enforcement of immigration laws
within the U.S. borders. These responsibilities include
apprehension, detention, and removal of aliens. |
|
Immigration and Nationality Act
INA |
The
primary statute relating to the immigration, temporary admission,
removal, and naturalization of aliens.
Congress
passed the INA in 1952 and has amended several times since,
including in 1965, 1980, 1986, 1990, and 1996.
The
Act is found in Section 8 of the United States Code.
|
|
Immigration and Naturalization Service (INS) |
The
former name of USCIS. The INS ceased to exist in 2003. |
|
Immigration Court |
An
administrative court responsible for adjudicating immigration cases.
Cases involve non-citizens who generally have been charged by the
Department of Homeland Security (DHS) with being in violation of
immigration law.
There are 53 immigration courts
in the U.S. Typically, the U.S. government is represented in court
hearings by a DHS attorney.
An immigration court is not a
criminal law court, which means that individuals ordered to appear
in immigration court do not have all the rights of an individual
ordered to appeal in a criminal law court. Non-citizens have
the right to their own attorney if it is at no expense to the
government.
The court is part of the
Executive Office for Immigration Review (EOIR), which is within the
Department of Justice.
Appeals of Immigration Judge
decisions can be made to the Board of Immigration Appeals (BIA),
which is also part of EOIR. Some BIA decisions can be appealed
further, to the federal courts. |
|
Immigration Judge |
An
attorney appointed by the Attorney General to act as an
administrative judge . Immigration Judges conduct formal court
proceedings in determining whether an alien should be allowed to
enter or remain in the U.S., in considering bond amounts in certain
situations, and in considering various forms of relief from removal.
|
|
Immigration Marriage Fraud Amendments of 1986
IMFA |
Federal law passed in 1986 passed in order to prevent and/or
discover immigration-related marriage fraud.
Under IMFA, an alien, who gets legal permanent resident status
through marriage to a U.S. citizen or legal permanent resident
spouse, is classified as a "conditional resident" if the marriage is
less than two years old at the time the green card is approved.
Two years after entry to the U.S., the conditional resident applies
for a permanent green card.
The government's main concern
is to ensure that short-term marriages are valid and not entered
into for immigration purposes. |
|
Immigration Reform and Control Act of 1986
IRCA |
Federal law
passed in 1986.
The law established a mechanism to allow two groups of illegal
aliens to legalize their immigration status. These groups were:
(1) persons who had lived in
the U.S. without lawful status since before 1982.
(2) farm workers who had
performed agricultural work for at least 90 days in 1985 and 1986.
These workers were known in the law as Special Agricultural Workers
(SAWs).
Applicants in these two
categories were required to document their length of residence or
periods of employment in the U.S. |
|
INA |
The
abbreviation for the Immigration and Nationality Act. |
|
Inadmissible |
The
immigration status of an alien who does not qualify to enter or
remain in the U.S. because of a prohibited status or activity.
An
inadmissible person would likely be unsuccessful in any of these
situations: when applying for an immigrant or non-immigrant visa at
a U.S. consulate abroad; requesting to enter or re-enter the U.S. at
a U.S. port of entry; or applying to an Immigration Judge for
adjustment of status (green card) or for the right to remain in the
U.S. after having entered illegally.
U.S. law contains a list of
“grounds of inadmissibility”, including those based on:
(1) health, such as
communicable diseases, lack of vaccinations, physical or mental
disorders, and drug abuse or addiction;
(2) economics, primarily
relating to likeliness to become a “public charge;
(3) criminal convictions or
activities, including many crimes against persons and property, sex
offenses, and drug crimes; (4) violations of immigration laws, such
as seeking to re-enter the U.S. after previously being removed,
being unlawfully present in the U.S., or fraudulently seeking to
enter the U.S. or obtaining documentation to enter the U.S.; (5)
national security, including terrorist activities and affiliations
with terrorist organizations.
Waivers (exceptions) to these
restrictions are available in some situations. |
|
INS |
The
abbreviation for the former agency, the Immigration and
Naturalization Service. |
|
Inspection |
The
process by which U.S. immigration officials determine whether people
can enter the U.S. It usually occurs at a port-of-entry at a land
border or international airport.
Inspectors review travelers’
documents, such as passports and visas to determine whether the
documents are genuine and authorize the person to enter the country.
Inspectors may also extensively question the traveler and examine
his/her luggage or vehicle in order to determine whether their
reasons for the visa are legitimate. |
|
IRCA |
The
abbreviation commonly used for the Immigration Reform and Control
Act of 1986. |
|
Labor Certification |
The
process of proving that there are no qualified American workers
available for a position at a specific time and place. U.S.
employers interested in recruiting and employing an alien must
complete a labor certification.
The Department of Labor reviews
and certifies applications. It is officially known as an application
for Alien Employment Certification. |
|
Lawful Permanent Resident |
An
immigrant who has been granted a status allowing him/her to live and
work permanently in the U.S.
LPR
status allows the holder to travel abroad and return to the U.S.
However, the status does not mean the individual will be
automatically allowed to re-enter the U.S. LPRs who travel abroad
will be inspected each time the return to the U.S. and may be found
inadmissible if they have committed crimes since obtaining the green
card.
Most
LPRs are eligible to apply to naturalize after five years, though
shorter waiting periods apply to certain categories of LPRs.
Though the status is
“permanent”, it can be lost if "abandoned" (such as, by long-term
absences from the U.S.) or by committing certain criminal acts.
An LPR receives a “green card”
as physical evidence of this status and is also known as a
“Permanent Resident Alien.” |
|
LPR |
The
abbreviation for a Lawful Permanent Resident. |
|
Moral turpitude |
A
classification of crimes committed by non-citizens which might
justify their deportation from the U.S. or denial of certain
immigration benefits.
The
term "moral turpitude" is not defined in the immigration statute.
The courts have interpreted "moral turpitude" to involve dishonesty,
immorality, or violence. Crimes of moral turpitude often include
sexual offenses, fraud, weapons violations, drug offenses, and
crimes against individuals, property, and the government.
Admitting to
acts of moral turpitude (e.g. adultery) may be a basis for denying
an immigration benefit, including citizenship, even if there has not
been a conviction. |
|
NACARA |
The
abbreviation for the Nicaraguan Adjustment and Central American
Relief Act. |
|
Naturalization |
The
process by which immigrants become U.S. citizens. To be naturalized
under U.S. laws, a person generally must have been a green card
holder for at least five years (though there are some categories of
persons with shorter waiting periods) and possess an acceptable
background with regard to criminal and national security concerns.
Other legal requirements include demonstrating one’s ability to read
and speak English and a grasp of basic knowledge of U.S. history and
government.
Naturalized persons acquire the
legal rights possessed by all U.S. citizens, including the right to
a U.S. passport, to vote, to leave and enter the U.S., and to
sponsor family members for green card status. Many naturalized U.S.
citizens retain dual citizenship with their country of origin. |
|
Non-immigrant |
An
alien who wants to enter the U.S. for a temporary period of time and
for a specific purpose.
In
order to demonstrate to the U.S. government that they do not intend
to remain in the U.S. beyond the visa period, applicants must show
strong economic, social, and cultural ties to their home countries.
In addition, they must show that they are not “inadmissible”, though
waivers, or exceptions, are often available. |
|
Non-immigrant visa |
A
visa issued to a person who has qualified for non-immigrant status.
It is issued for a specific temporary period of time and for a
specified purpose.
Non-immigrant visas are generally issued by U.S. consulates or
embassies abroad.
Being issued
a non-immigrant visa is not a guarantee that an alien will be
admitted to the U.S. An immigration inspector may still deny
admission.
The
Visa Waiver Program applies to nationals of certain designated
countries. |
|
Notice to Appear |
A
document which alleges that a particular alien has violated certain
immigration laws and should be removed (deported) from the U.S. as a
result.
In
most cases, the Department of Homeland Security (DHS) prepares this
document, serves it on the alien and files it with the Immigration
Court that has jurisdiction over where the alien lives.
The
filing of this document commences removal proceedings against the
individual. This document is also known as an "NTA". |
|
NTA |
An
abbreviation for a Notice to Appear. |
|
Parole |
Permission granted to an alien to enter the United States who is or
may be legally ineligible to enter. A person paroled is known as a
“parolee.”
Parole is not a formal invitation to enter (“be admitted to” the
U.S. with the legal benefits that this would entail.) Parolees are
given temporary status, requiring them to depart the U.S. when the
conditions supporting their parole status cease or the designated
time period expires.
There are different types of
parole. The most common are humanitarian parole (usually
granted to allow medical treatment) or parole to take part in legal
proceedings. |
|
Parolee |
The
term for a person granted parole. |
|
Persecution |
The
type of harm that would be inflicted on an individual if they
returned to their country of nationality. The term is not
defined in the U.S. statute. However, it has been defined by U.S.
courts to mean "a threat to the life or freedom of, or the
infliction of suffering or harm upon, those who differ in a way
regarded as offensive." Generally, such severe forms of harm as
imprisonment, torture, and rape as well as death threats are thought
of as constituting persecution. Whether less serious actions, such
as those thought of as harassment or discrimination, should be
considered to be persecution are decided on a case-by-case basis.
To prevail on their
applications, asylum-seekers are generally required to prove that
they have a "well-founded", or reasonable, chance of suffering
persecution if they are forced to return to their home country. |
|
Port
of entry |
Any
location in the U.S. or its territories that is designated as a
point of entry into the U.S. for aliens and U.S. citizens. They are
staffed by Customs and Border Protection of the Department of
Homeland Security. At the present time, there are about 300 ports of
entry. |
|
Refugee |
A
person who is outside his or her country of nationality and who is
unable or unwilling to return to that country due to past
persecution or a “well-founded” fear of (future) persecution in that
country. The past or feared future persecution must be due to the
applicant’s race, religion, nationality, membership in a particular
social group, or political opinion.
This legal standard is the same
one that is applied to applicants for asylum. However, whereas an
asylum applicant applies for his/her status while in the U.S., a
refugee applies when they are located abroad, usually in a third
country.
Refugees who are “resettled” in
the U.S. from this third country are subject to ceilings by
geographic area set annually by the President, in consultation with
Congress. A refugee is granted the right to live and work in the
U.S. He/she may also apply for lawful permanent resident status
after a one-year period in the U.S. |
|
RFE |
Abbreviation for "Request for Further
Evidence." A document issued by USCIS
when additional evidence is required to make a decision on an
immigration application. The requests typically have a 60 day
deadline. Failure to comply with an RFE may result in USCIS
denying the application or declaring the application abandoned. |
|
Removable |
The
status of a non-citizen who is determined to be in violation of any
immigration law and
no longer eligible to remain in the U.S.
Grounds for removal include certain immigration violations, criminal
offenses, and national security activities and affiliations. A
non-citizen may be found to be removable by either the Department of
Justice or the Department of Homeland Security, either while
physically in, or seeking entry into, the U.S.
A determination of removability
makes an alient subject to removal (deportation) from the U.S.,
though waivers (exceptions) are available in some situations.
The Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA) of 1996 replaced the terms
“excludable” with the term “removable.” |
|
Removal |
The
expulsion of a person from the U.S. who is not a U.S. citizen. The
more common term for this is “deportation.”
The
process often involves a hearing before an Immigration Judge who
also may determine whether any exceptions to deportation should be
applied. |
|
Removal Hearing |
A
court hearing to determine whether certain aliens are subject to
removal (deportation) from the U.S. The hearings take place in an
Immigration Court.
The hearing or series of
hearings are conducted to determine whether (1) the alien is
eligible for removable from the U.S. (that is, has no legal basis to
be or remain in the U.S.) and, if so, (2) any waivers (exceptions)
exist to being removed. |
|
Resettlement |
Permanent relocation of refugees to a country other than their own
country to provide protection from danger of persecution should they
be forced to return to that country. |
|
Temporary Protected Status
TPS |
A
legal grant of permission for the nationals of particular countries
temporarily to remain in the U.S.
Countries are selected where unstable or dangerous conditions would
pose a temporary threat to returning persons such as ongoing armed
conflict within the country, environmental disasters (e.g.
earthquake, flood, drought, or epidemic) and other “extraordinary”
conditions which prevent the safe return of nationals.
Nationals of designated TPS countries typically must have been in
the U.S. since before an established cut-off date. Eligible persons
who register for TPS can obtain employment authorization and are
generally protected from removal (deportation) during the TPS period
(and any extensions) for their country.
Grants of TPS are initially made for periods of 6 to 18 months and
can be extended as long as a country remains designated for TPS.
Once the government lifts TPS
status for a country, nationals exempted from departure under TPS
are expected to return to their country of nationality. |
|
TPS |
Abbreviation for Temporary Protected Status. |
|
Undocumented Immigrant |
A
person who is not a citizen of the U.S. and who does not have lawful
immigration status in the U.S.
Most
undocumented immigrants either entered the U.S. "without inspection"
(i.e., they did not enter the U.S. at a designated port of entry
with valid documents) or they were "inspected and admitted" with
valid documents but violated the terms of that status (e.g. they
overstayed a non-immigrant visa).
Persons who are unlawfully
present for more than a year and then depart the U.S. are ineligible
to return to the U.S. for a period of ten years.
Undocumented immigrants are
often referred to as “illegal aliens.” |
|
UNHCR |
The
abbreviation
for United Nations High Commissioner for Refugees, a branch of the
United Nations (U.N.).
UNHCR's primary purpose is to safeguard the rights and well-being of
refugees by leading and co-ordinating international action to
protect refugees and resolve refugee problems worldwide. UNHCR's
headquarters are in Geneva. |
|
USC |
Abbreviation for United States Citizen. |
|
Visa |
Evidence of official permission for an alien to enter the U.S. and
to remain there for a certain period of time and for a specific
purpose. The form of an approved visa is either a piece of paper
attached to the person’s passport or a stamp in the passport. The
passport and visa are then presented to U.S. officials at the time
of entering the U.S.
“Non-immigrant” visas are
issued to temporary visitors to the U.S., such as students,
tourists, and temporary workers. “Immigrant” visas are issued to
lawful permanent residents (green-card holders).
Possession of a visa is not a
guarantee that an alien will be admitted to the U.S. |
|
Violence
Against Women Act
VAWA |
Federal
legislation that allows abused spouses of US citizens or legal
permanent residents to petition for legal ermanent residence
independent of their abusive spouse.
Abused
children and abused parents of
f US citizens
or legal permanent residents to petition for legal ermanent
residence independent of their abusive spouse.
The
legislation does not preclude men from seeking a VAWA petition if
they have been abused by a U.S. citizen or LPR spouse. |
|
Voluntary Departure |
Permission granted to an alien to leave the U.S. voluntarily, at
his/her own expense, by a designated date. The permission is offered
by the Department of Homeland Security either before or during a
removal (deportation) hearing in Immigration Court.
Aliens often request voluntary
departure as an alternative to receiving a formal order of
deportation from the U.S. Voluntary departure preserves the alien's
opportunity to re-enter the U.S. at a later date without
restrictions.
Failure to depart from the U.S.
within the time granted results in an order of removal and all
related consequences, including a bar on return to the U.S. for a
specified number of years.
Voluntary departure is not
available to persons who have engaged in certain criminal or
terrorist activities. In addition, DHS authorities can attach
certain conditions to an offer of Voluntary Departure, such as the
posting of a bond or continued detention until departure. |
|
VWP |
The
abbreviation for the Visa Waiver Program. |