Underrepresented Countries, Natives of - The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/88) allowed for 10,000 visas to be issue.

United States Citizen (USC) - One who is born in or naturalized to the United States of America (U.S.) and is subject to U.S. jurisdiction, owes allegiance to the U.S., and is entitled to full civil rights under U.S. law. Significant examples of those rights include the right to vote, the right to be a candidate in elections, the right to hold a U.S. passport, and eligibility to be considered for U.S. government jobs that may require U.S. citizenship. Note: One born in the U.S. to parents holding diplomatic status as representatives of a foreign government is not subject to U.S. jurisdiction. Such a person would not be a USC at birth.

United States Citizenship and Immigration Services (USCIS) - It is a government agency under the U.S. Department of Homeland Security, resulting from the Homeland Security Act of 2002, responsible for the processing of all immigration-related benefits.

United States Customs and Border Patrol (CBP) - Office under the U.S. Department of Homeland Security, that assumed Legacy INS's Port of Entry (POE) duties on March 1, 2003. (formerly, Bureau of Customs and Border Patrol or BCBP)

U.S. Department of Homeland Security (DHS) - Agency created to protect the United States against terrorism. The DHS encompasses the U.S. Citizenship and Immigration Services (USCIS), the U.S. Immigration and Customs Enforcement (ICE), and the U.S. Customs and Border Patrol (CBP).

United States Department of Labor (USDOL or DOL) - It is the government agency (at both the federal and state levels) in charge of the Labor Certification process for the green card, which also processes the LCA form for the H1B.

United States Department of State (DOS) - the federal agency in charge of the U.S. Embassies and Consulates worldwide. overseas, DOS issues visas to foreign nationals, and assists U.S. citizens abroad. The DOS can reissue visas within the U.S. in some instances. Also, in the U.S., the DOS is in charge of administering J-1 programs, including HRR issues and waivers.

U.S. Immigration and Customs Enforcement (ICE) - The government agency under the U.S. Department of Homeland Security that began on March 1, 2003, to perform the functions of the former U.S. Customs Service, Federal Protective Service, and enforcement duties of Legacy INS.

Unlawful Presence - To be present in the U.S. after entering without inspection or after staying past the expiration date on an I-94 card, though there are other, special situations of unlawful presence as well. As defined under the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996, unlawful presence is very complex with at least two Legacy INS memos about it. It is also known as a period of stay not authorized by the Attorney General. (See also, overstay.) Note: One who was unlawfully present for 180 days and then leaves voluntarily, before being placed into removal proceedings, is subject to a three-year bar on returning to the U.S. If the period of unlawful presence is a year or more, then the bar is for ten years. A Duration of Status overstay does not qualify as unlawful presence unless an actual determination is made by the USCIS or IJ.

USC - See U.S. Citizen.

USCIS  - See United States Citizenship and Immigration Services.

V

Visa - A stamp in one's passport indicating authorization to come to the U.S., either in a particular nonimmigrant status or as an immigrant (LPR). Note: A visa is not a guarantee that one will be permitted to enter.

Visa Bulletin - It is published monthly by the U.S. Department of State (DOS) Visa Bulletin to show the movement of priority dates for the various family and employment preferences. When a case that is current one month is not current the next month, this is said to have retrogressed.

Visa Lottery - See Diversity Visa Lottery.

VisaScreen Certificate - Itis a document that can be presented to a consular office or, in the case of adjustment of status, the attorney general, as part of a visa application. The VisaScreen Certificate evidences that the holder has completed a required screening program for health care professionals, other than physicians, in order to qualify for certain occupational visas. Screening includes an assessment of the applicant's education to ensure it is comparable to a U.S. graduate in that same profession; verification that licenses are valid and unencumbered; English language proficiency; and, in the case of nurses, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® Examination.

Visa Waiver Program (VWP) - program enabling travelers from certain countries to visit the U.S. for business or pleasure for up to 90 days without a Visa. The list of countries changes from time to time. A VWP traveler is not allowed to extend her/his stay or change statuses in the U.S.

Voluntary Departure - 1) as granted in removal / deportation proceedings, the lowest level form of relief, allowing one to leave the U.S. voluntarily, at his/her own expense, by a particular date. If a person fails to depart by the date specified, then the voluntary departure order would generally become a removal order. Leaving, or being expelled, after a removal order has been issued carries a bar on returning to the U.S., and it is difficult to have that bar waived. In contrast, leaving under a grant of voluntary departure is more favorable, though there may still be legal and practical problems in returning to the U.S. Each case is different, depending upon the particular facts. 2) administrative voluntary departure is a second type, which can be applied for in appropriate circumstances for a person who has not been placed into proceedings from the local District Director at USCIS.

W

Waiver - an exception to a rule, granted on a case-by-case basis. Waivers are discretionary and most types are very difficult to obtain. Particular waivers are set forth in various sections of the immigration law and each has its own criteria. An example of a complex waiver is if a person would otherwise be inadmissible to the U.S. but requests an exception to avoid family hardship. In contrast, the Visa Waiver is quite simple.

Withdrawal - the process of reversing a filed application when the applicant changes his/her mind. Generally withdrawal requires only a letter requesting that the case be withdrawn from consideration. Note that the government filing fees are not returned.

Work Permit - an informal term for what is more properly known as an Employment Authorization Document (EAD).