A

AC21 (also, ACTA) - The American Competitiveness in the Twenty-First Century Act. Enacted in October 2000, AC21 introduced many changes, including but not limited to (a) H1B portability allowing certain H1B workers to begin work for the new employer upon filing the petition, rather than waiting for approval; (b) ability to extend the H1B beyond 6 years if the employment-based green card process began at least a year before the end of the 6th year and is currently ongoing; (c) ability to have the I-485 approved for a new employer if job is similar and I-485 has been pending 180 days.

Acquired Citizenship - Citizenship conferred at birth on children born abroad to a U.S. citizen parent(s).

Adjustment to Immigrant Status (AOS or I-485) - Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at an INS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed before January 15, 1998. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Admission - Being allowed into the country in a particular status following inspection by a CBP inspector at a port of entry. Admission is one of two forms of legal entry to the U.S., the other being parole. For nonimmigrants, that status and the expiration date of one's authorized stay are indicated on the I-94 card. A person admitted as an immigrant (permanent resident) does not normally get an I-94 card but does get an entry stamp in his/her passport. (See also, parole and advance parole.).

Advance Parole (AP) - A travel document authorizing one, in certain situations, to return to the U.S. from a trip abroad - most commonly, when one has an AOS application pending. Advance parole can also be granted in some circumstances to a person who is going abroad to a third country in order to process an immigrant visa, and in other special situations. (See also, parole.).

Affidavit of Support - Term used to describe two USCIS forms that have the purpose of pledging financial support to the foreign national. Form I-864 is used in FB green card cases and those EB cases in which the company is owned by the beneficiary's relative. For other situations, Form I-134 is used; e.g. for the derivative spouse in an EB case or for a visitor visa 

Agricultural Worker - As a nonimmigrant class of admission, an alien coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor.

Alien - Any person not a citizen or national of the United States.

Allied Health Care Professional (AHCP) - Term used for the class of health care workers subject to the requirement of VisaScreen Certification. The USCIS, in consultation with the Department of Health and Human Services, has designated seven categories of such health care workers: nurses; physical therapists; occupational therapists; speech language pathologists & audiologists; medical technologists (also known as clinical laboratory scientists); medical technicians (also known as clinical laboratory technicians) and physician assistants.

Amerasian Act - Public Law 97-359 (Act of 10/22/82) provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.

Amerasian (Vietnam) - Immigrant visas are issued to Amerasians under Public Law 100-202 (Act of 12/22/87), which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien.

Amnesty - A relatively generous program to forgive a violation of law, in general legal terms. For example, tax amnesties enable persons who have failed to pay taxes to come forward and pay back taxes without penalty. In the immigration context, most resembling amnesty has been the 1986 legalization program. People qualified based upon specific eligibility criteria, including having been present in the U.S. as of a certain date. Note: Some opponents of immigration, have incorrectly characterized 245(i) as an amnesty. However, 245(i) does not protect one from removal. Instead, it provides an opportunity to cure a status problem after-the-fact. It requires one complete the usual, employment-based or family-based green card process. Conversely, an amnesty would only involve an application from the individual, similar to the legalization program.

Appeal - The official process of requesting one’s case be reviewed again if the application or petition is denied. An appeal may be of either an administrative or judicial decision. However, some administrative decisions are not eligible for appeal, although it may be possible to file a Motion to Reconsider or Motion to Reopen.

Asylee - An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of 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. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.

Asylum - A safe haven provided for one who cannot return to the home country because of a "well-founded fear of persecution" based upon race, religion, ethnicity, political opinion, or membership to a particular social group. While it is not permanent residency, a person who is granted asylum may be able to file for adjustment of status after one year. The asylum application process is complex, and there are time limits for applying.

AD - Approval Date.

A Number - A number (Alien number) assigned by INS to all Green Card (and some other) applicants.

B

Beneficiaries - Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Immigration and Naturalization Service. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.

Border Crosser - An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours.

Border Patrol Sector - Any one of 21 geographic areas into which the United States is divided for the Immigration and Naturalization Service’s Border Patrol activities.

Business Nonimmigrant - An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources.

C

Cancellation of Removal - A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.

Certificate of Citizenship - Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).

Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

Country of Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.

Country of Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.

Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.

Country of (Last) Residence: The country in which an alien habitually resided prior to entering the United States.

Country of Nationality: The country of a person’s citizenship or country in which the person is deemed a national.

Credentials Evaluation Service Report (CES) - A document required by some state boards of nursing in order to receive a state registered nursing license. The CES Report, prepared by the CGFNS, analyzes the academic credentials and licenses of foreign-born health care professionals.

Crewman - A foreign national serving in a capacity required for normal operations and service on board a vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he arrived.

Cuban/Haitian Entrant - Status accorded 1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to the INS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

D

Deferred Inspection - See Parolee.

Departure Under Safeguards - The departure of an illegal alien from the United States which is physically observed by an Immigration and Naturalization Service official.

Deportable Alien - An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

Deportation - The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability.

Derivative Citizenship - Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.