Services
About
Contact
The Immigration Glossary below explains terms of art in the US immigration and US visa processes. These terms tend to be very specialized and may not have the same meanings as they do in casual language.
Select the first letter of the word you want to find.
Accompanying: A type of visa family members use to travel with a principal visa applicant. In the immigrant visa context, this can occur within 6 months of principal applicant’s immigrant visa issuance.
Adjust Status or Adjustment of Status: (1) To change from nonimmigrant visa status (temporary status) or other status; or (2) To adjust the status of a permanent resident (green card holder). This is a USCIS process.
Administrative processing: Some visa applications require further administrative processing. This takes additional time after a visa applicant’s interview by a Consular Officer.
Admission: DHS Customs and Border Protection (CBP) officers authorize lawful entry to the US. When one arrives in the US, a visa allows travel to a port-of entry to request permission to enter the US. A CBP officer at the port-of-entry must authorize such entry. This CBP officer will determine whether an individual can enter and how long they can stay in the US on any particular visit.
If an officer allows entry, length of stay will appear as either a recorded date (“Date Certain”) or “Duration of Status” (D/S) on Form I-94, Arrival Departure Record. For more information. See CPB.gov. An individual who wants to stay in the US longer than the date authorized must request permission to do so from USCIS.
Adopted Child: An unmarried child under age 21 who was adopted while under the age of 16, and who has been in legal custody and lived with the adopting parent(s) for at least 2 years. These rules do not apply to orphans adopted by American Citizens. The adoption decree must give the child all the rights of a natural born child. For more adoption information visit DOS’s adoption.state.gov.
Advance Parole: Permission from USCIS to return to the US after travel abroad. USCIS grants this prior to an individual’s departure from the US.
The following may need advance parole:
If those requiring advance parole do not receive it before leaving the US, they may be unable to return.
Advisory Opinion: The Department of State’s Office of Visa Services in Washington, DCA issues advisory opinions. They provide these in response to a question from a US post about points of law. In addition, they may provide an advisory opinion in response to an applicant or their representative’s request for review of a visa refusal.
Advisory Opinion J-1 Waiver of Foreign Residence Requirement, INA 212(e): A J-1 Visa / DS-2019 or IAP-66 form may have a statement that notes whether Section 212(e) applies to the bearer. That is, they will state whether the two year rule applies.
This notation is a preliminary endorsement by a Consular Officer or Immigration Officer regarding Section 212(e) of the Immigration and Nationality Act. This provision subjects certain J-1 visa holders to a 2 year home residency requirement. When a J-1 visa holder or his/her attorney inquires about Section 212(e)’s application to a particular J-1 visa holder, they send a request for an Advisory Opinion to the DOS Waiver Review Division. See also J-1 Waivers.
Affidavit of Support: A document promising to financially support an applicant while that applicant is in the US. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support.
Affiliated: Associated or controlled by the same owner or authority.
Age Out: A child must be unmarried and legally under the age of 21. Children older than 21 are legally considered “sons or daughters” rather than “children.” A child beneficiary of an immigrant petition who will apply for an immigrant visa (IV) or adjustment of status will “age out” when they reach 21. They will no longer qualify for an immigrant visa (IV) or adjustment of status. The Child Status Protection Act (CSPA) enabled many beneficiaries to continue to qualify as children for immigrant visa purposes even after reaching age 21.
Agent: In immigrant visa (IV) processing an applicant selects some individual or entity to receive all correspondence regarding their case and to pay the immigrant visa (IV) application processing fee. An agent can be the applicant, the petitioner or another person that applicant selects who is listed on Form DS-3032, Agent of Choice and Address.
Alien: A foreign national who is not a US citizen.
Allotment: The allocation of an immigrant number to a consular office or to USCIS. This number may be used for immigrant visa issuance or adjustment of status as described in the Operation of the Immigrant Numerical Control System.
AOS: Affidavit of Support, Form I-864. A document promising to support an applicant financially while that applicant is in the US. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support.
Applicant (Visa): A foreign citizen applying for a nonimmigrant visa (temporary) or immigrant visa (permanent). For petition based visas, a visa applicant may also be referred as a beneficiary
Appointment Package: The letter and documents that inform an applicant of the date of an immigrant visa (IV) interview. This package includes forms the applicant must complete before the IV interview and instructions for how to prepare for the IV interview.
Approval Notice: A USCIS immigration form, Notice of Action, Form I-797, that indicates USCIS has approved a petition, or a request for extension of stay or change of status.
Asylee: A person who cannot return to his/her home country because of a well-founded fear of persecution. An application for asylum is made in the US to the DHS.
Beneficiary: An applicant for a US visa as named in a petition filed with USCIS.
Biometrics: Biologically unique information that identifies an individual. US government agencies can use this to verify identity or check against other entries in the database. The best known biometric is the fingerprint, but others include facial recognition and iris scans. See DOS biometrics.
Cancelled Without Prejudice: A stamp a US Embassy or US Consulate puts on a US visa if there is a mistake in the visa, or if the visa is a duplicate visa (two of the same kind). This stamp “cancelled without prejudice” does not affect the validity of other visas in a passport. This stamp does not mean that the passport holder will not get another US visa.
Case Number: The National Visa Center (NVC) gives each immigrant petition a case number. This number has three letters followed by ten digits (numbers). The three letters are an abbreviation for the overseas US Embassy or US Consulate that will process an immigrant visa case (for example, GUZ for Guangzhou, CDJ for Ciudad Juarez, etc.).
The digits tell exactly when NVC created the case. For example, a case with the number MNL2001747003 would be assigned to the US Embassy Manila, and 2001 is the year NVC received the case from USCIS. The Julian date is 747 plus 500, so this case was created September 4, 2001, the 247th day of the year. The 003 shows that it was the third case created for Manila on that day. This case number is not the same as the USCIS receipt number, which is written on the Notice of Action Form I-797 from USCIS. A consular section abroad cannot find a case if all you have is a USCIS receipt number.
Certificate of Citizenship: A DHS-issued document that serves as proof of US citizen by birth (when born abroad) or derivation (not from naturalization). The Child Citizenship Act of 2001 automatically grants US citizenship to certain foreign-born children of US citizens. These children can apply for certificates of citizenship.
Certificate of Naturalization: A DHS-issued document that serves as proof that an individual has become a US citizen (naturalized) after immigration to the US.
Change of Status: Changing from one nonimmigrant visa (temporary visa) status to another nonimmigrant visa status while in the US. This is permissible for some nonimmigrant visa holders, if approved by USCIS. A visa holder may file a request with USCIS before their authorized stay expires, which generally is the date on Form I-94, Arrival-Departure Record (except for visa holders admitted to the US for duration of status, stamped D/S).
Charge/Chargeable: The US has annual numerical limits on the number of immigrant visas granted to non-US individuals from any one foreign country. This limit is the same for all countries (currently 7%). The country limit is based on place of birth (also known as “nativity”), not on citizenship or nationality. The place where the immigrant is “charged” (“chargeability”) means that a person is counted towards a particular country’s numerical limit. For example, an immigrant born in Ethiopia would be “charged” to Ethiopia, and counted towards reaching the numerical limit for Ethiopia. They would be “charged” to Ethiopia even if born of Yemeni parents and holding a passport from Yemen.
Although immigrants are normally “charged” to country of birth, an immigrant can sometimes claim another country of chargeability (alternate chargeability) for the sake of immigration. This sometimes helps in reaching a “cut-off date” date more quickly. For example, suppose you were born in India, but your spouse was born in Sudan. The “cut-off date” for someone born in India is earlier in the family fourth preference (FB-4) immigration category than the “cut-off date” for a person born in Sudan. We can “charge” you to Sudan, rather than India, and you can use the more favorable cut-off date for Sudan. Therefore, you would be able to immigrate years earlier if you had a chargeability to Sudan rather than only a chargeability to India.
Child: Unmarried child under 21. A child may be natural born, step or adopted. If a stepchild, the marriage between the parent and US citizen must have occurred when the child was under 18. An adopted child must have had a full and final adoption while under 16, and must have lived with and been in the legal custody of the parent for at least 2 years. An orphan may qualify as a child if they were adopted abroad by an US citizen, or if the US citizen parent has filed an immediate-relative (IR) visa petition for them to go to the US for adoption by the US citizen.
In certain cases, the US may continue to classify someone as a child after they reach 21, if the petitioner files before the child turns 21. For example, an IR-2 child of a US citizen remains a child after age 21 if the parent files on or after August 6, 2002, when the child was still under 21. The child must meet other requirements of a child, as listed above.
Code of Federal Regulations: The Code of Federal Regulations contains useful information on the laws regulating US visa policy and US immigration.
Cohabit: To live together without a legal marriage ceremony.
Common-law marriage: An agreement between a man and woman to enter into marriage without a civil or religious ceremony. This may not be recognized as a marriage for US immigration purposes.
Conditional Residence (CR) Visa: If you have been married for less than 2 years when your spouse gets lawful permanent resident status (gets a green card), then your spouse will get US residence on a conditional basis. After 2 years, you and your spouse must apply together to USCIS to remove the condition to permanent residence.
The investor visa (EB5 or T5/C5) is also a conditional residence. It requires an application procedure after 2 years to remove the condition on lawful permanent residence.
Current/non-current: The US has numerical limits on the number of immigrant visas for individuals from any one foreign country. The basis for the limits is place of birth, not citizenship. In many cases, these annual limits create backlogs and a waiting time before the US can grant an immigrant visa. “Current” and “non-current” refer to the priority date of a petition in preference immigrant visa cases in relationship to the immigrant cut-off date. If your priority date is before the cut-off date according to the monthly Visa Bulletin, your case is current. This means the US can now process your immigrant visa. However, if your priority date is later than the cut-off date, you must wait until your priority date becomes current. To see priority dates, go to the most recent Visa Bulletin.
Immediate relative immigrant visa (IV) cases do not have annual country numerical limits or waiting times as a result of the annual country limits. The terms “priority date,” “cut-off date” and “current/non-current” do not apply to immediate relative cases.
Cut-off Date: The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa (IV) interview in any given month. When “C” (meaning Current) is listed instead of a specific date, that means all priority dates are eligible for processing. The cut-off date is the priority date of the first applicant who could not be scheduled for a visa interview for a given month. Applicants with a priority date earlier than the cut-off date can be scheduled. However, if your priority date is on or later than the cut-off date, you will need to wait until your priority date is reached (becomes current). To find out if a preference case can be scheduled, see the most recent Visa Bulletin.
Denomination/Sect: A religious group or community.
Department of Homeland Security (DHS): DHS is comprised of three main organizations responsible for immigration policies, procedures, implementation and enforcement of US laws, and more. These DHS organizations include United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Together these agencies provide the basic governmental framework for regulating the flow of visitors, workers and immigrants to the US. USCIS is responsible for the approval of all immigrant and nonimmigrant petitions, the authorization of permission to work in the US, the issuance of extensions of stay, change or adjustment of an applicant’s status while the applicant is in the US, and more. CBP is responsible for admission of all travelers seeking entry into the US, and determining the length of authorized stay, if the traveler is admitted. Once in the US a traveler falls under the jurisdiction of DHS.
Department of Labor: A cabinet level unit/ministry of US Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the US.
Derivative Status: Getting a status (visa) through another applicant, as provided under US immigration law for certain visa categories. For example, the spouse and children of an exchange visitor (J-1 Visa holder), would be granted derivative status as a J-2 Visa holder. Derivative status is only possible if the principal applicant is issued a visa.
Diversity Visa Program: The Department of State has an annual lottery for immigration to the US. Up to 55,000 immigrants can enter the US each year from countries with low rates of immigration to the US. See DV Green Card Lottery.
Documentarily Qualified: The applicant has obtained all documents specified by a US consular officer as sufficient to meet the formal US visa application requirements, and all necessary processing procedures of the US consular office have been completed.
DOL: US Department of Labor. Hiring foreign workers for employment in the US normally requires approval from several government agencies. First, employers must seek PERM labor certification through the DOL. Once the DOL certifies the PERM labor certification (Step 1), the employer must petition USCIS for approval of the I-140 petition (Step 2). Once they have a current priority date, they may apply for an immigrant visa or adjustment of status to permanent residence (green card–Step 3).
Domicile: Place of principal residence. An individual must intend to keep that residence for the foreseeable future. A sponsor must have domicile in the US before the US can issue a visa. This generally means that the sponsor must be living in the US. In certain circumstances, however, the US considers to have a domicile while living temporarily living overseas.
Duration of Status: In certain visa categories such as diplomats, students and exchange visitors, the US may admit an individual for as long as they are performing the activity their visa permits. This is unlike other categories whose status ends at a certain date. This is known as admission for “duration of status.”
For students, the time during which a student is in a full course of study plus any authorized practical training, and following that, authorized time to depart the country, is duration of status. The length of time depends upon the course of study. For an undergraduate degree this is commonly four years (eight semesters). Normally the immigration officer gives a student permission to stay in the US for “duration of status.” A border officer records “Duration of Status” (or “D/S”) in the I-94 Arrival-Departure Record.
The inspector at US ports-of-entry creates an Arrival-Departure Record for foreign visitors (non-US citizens) when they enter the US. In this record they place the visa classification and authorized period of stay in the US. They record this period of stay either as a date or as D/S, or duration of status. The I-94 shows the length of time DHS has authorized you to stay in the US.
DV: See Diversity Visa, above, and DV Green Card Lottery.
Educational and Cultural Affairs: The US Bureau of Educational and Cultural Affairs (ECA). The Department of State fosters mutual understanding between the people of the US and the people of other countries to promote friendly, sympathetic, and peaceful relations. ECA administers a variety of exchange programs for non-US secondary, undergraduate, graduate students and professionals, along with other duties.
ESTA: Electronic System for Travel Authorization (ESTA) is a free, automated system that determines the eligibility of visitors (nationals from 35 participating countries) to travel to the US without a visa under the Visa Waiver Program (VWP). A valid ESTA approval is required for all VWP travel to the US. ESTA applications may be submitted at any time prior to travel. But travelers should apply as soon as they begin preparing travel plans.
Exchange Visitor: A non-US citizen coming to participate in a particular program in education, training, research, or other authorized exchange visitor program. See Bureau of Educational and Cultural Affairs.
Extension of Stay: USCIS approval of a US visa holder’s authorized period of stay in the US. The visa holder may file a request with USCIS before their authorized stay expires, which generally is the date on Form I-94, Arrival-Departure Record (except for visa holders admitted to the US for duration of status, stamped D/S).
Family Preference Categories:
Federal Poverty Guidelines: The Department of Health and Human Services (HHS) publishes a Poverty Guidelines list annually providing the lowest acceptable income for a family of a particular size such that they are not considered impoverished. Consular officers use Poverty Guidelines figures in immigrant visa (IV) cases to determine if a sponsor’s income is sufficient to support a new immigrant.
Fiance(e): An individual who plans or is contracted to marry another person. The foreign fiance(e) of a US citizen may enter the US on a K-1 visa to marry a US citizen.
First Preference: First preference can be a category of family immigration (F1) for unmarried sons and daughters of US citizens and their children. It can also reference an employment-based US immigration category (EB-1) for individuals with extraordinary ability in their field of expertise; outstanding professors or researchers;or multinational executives or managers transferring to work in the US from a qualifying, related company overseas.
Fiscal Year: The US Government’s budget year. The Fiscal Year (FY) begins October 1 of each year, and ends September 30 of the following year.
Following to Join: A type of derivative visa status denoting an instance in which a family member obtains a visa after the principal applicant.
Foreign Affairs Manual (9 FAM): Foreign Affairs Manual Chapter 41 relates to nonimmigrant visas (temporary visas). Chapter 42 covers immigrant visas (permanent residence or green cards). 9 FAM Chapter 40 relates to visa ineligibilities and waivers.
Fourth Preference: A family immigration category (F4) for brothers and sisters of US citizens and their families. The US citizen must be 21 or older before they can file such a petition. Before 1992 this was known as fifth preference (P-5).
Full and Final Adoption: A legal adoption in which a child receives all the rights of a natural born, legitimate child. For more information visit DOS Adoptions.
Green card: Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as green card), is a wallet-sized card showing that the person is a lawful permanent resident (immigrant) in the US.
Homeless: Individuals from countries without a US Embassy or US Consulate where they can apply for immigrant visas are considered “homeless.” For example, the US Government does not have an Embassy in Iran. Residents of Iran are therefore considered “homeless” for US visa purposes.
Household Income: Income used to determine whether a sponsor meets the minimum income requirements for some immigrant visa (IV) cases.
I-94: The I-94 Arrival/Departure Record for nonimmigrant travelers. When you are admitted to the US, a CBP officer at the US port of entry will stamp your passport and complete an I-94 record for you. This shows how long the US has authorized your stay within the US.
I-551 (Green Card): Permanent residence card or alien registration receipt card or “green card.” See Lawful Permanent Resident, below.
Immediate Relative: Spouse, widow(er) and unmarried children under the age of 21 of a US citizen. A parent is an immediate relative if the US citizen is 21 years of age or older. There are no numerical limits to immigration of immediate relatives.
Immigrant Visa: A visa for a person who plans to live indefinitely and permanently in the US.
Immigration and Nationality Act (INA): The US immigration law. The Immigration and Nationality Act, or INA, was created in 1952, Public Law No. 82-414. The INA has been amended many times over the years, but is still the basic body of US immigration law. See INA.
Immigration and Naturalization Service (INS): A former branch of the Department of Justice (DOJ) that was responsible for immigration and naturalization. INS was renamed and became part of DHS on March 1, 2003.
INA: See Immigration and Nationality Act, above.
Ineligible/Ineligibility: US immigration law says that certain conditions and actions prevent a person from entering the US. These conditions and activities are called ineligibilities, and the applicant is ineligible for a visa. Examples are selling illegal drugs, infection with active tuberculosis, being a terrorist, or visa fraud.
In Status: Violation of status (being “out of status”) can have serious consequences. The US issues visas for a particular purpose and class of visitor. Each US visa classification has requirements the visa holder must follow and maintain. Those who follow the visa requirements maintain their status and ensure their ability to remain in the US. Those who do not violate their immigration status and are considered “out of status.” (See also “Out of Status,” below.)
“In Status” means you are in compliance with the requirements of your visa type. For example, you are a student who entered the US on a student visa. If you are a full time student pursuing your course of study, and you are not engaged in unauthorized employment, you are “in status”. If you work full time in your uncle’s convenience store and do not study, you are “out of status”.
IV (Immigrant Visa: A US visa for an individual who plans to live indefinitely and permanently in the US.
J-1 Skills List: The Exchange Visitor J-1 Skills List shows fields of specialized knowledge and skills a country deems necessary for the development of an exchange visitor’s home country. If you have a J-1, and your skill is on your country’s J-1 Skills List, you are subject to the two-year foreign residence (home-country physical presence) requirement (home-country physical presence). This requires you to return to your home country for two years at the end of your exchange visitor program under US law unless you obtain a waiver. Various types of waivers exist, and they vary in difficulty.
Joint Sponsor: An individual who accepts legal responsibility for supporting an immigrant with an I-864 Affidavit of Support along with the sponsor. A joint sponsor must be at least 18, a US citizen or lawful permanent resident, and have a US domicile. The joint sponsor, including in household size the person(s) being sponsored, must have income of 125% of the Federal Poverty Guidelines for that household size.
Jurisdiction: Authority to apply the law in a given territory or region. For example, the USCIS district office in the area where a person lives has jurisdiction or authority to decide on a fiance(e) petition.
Kentucky Consular Center (KCC): US Department of State facility in Williamsburg, Kentucky. It gives domestic (US) support to the worldwide operations of the Bureau of Consular Affairs Visa Office. The KCC manages the Diversity Visa DV Green Card Lottery Program.
Labor Certification (now known as PERM Labor Certification): Initial stage of a permanent resident process. A US employer can initiate a PERM labor certification from the US Department of Labor. PERM’s purpose is to ensure that the work of foreign workers in the US will not negatively affect US workers’ job opportunities, wages and working conditions.
Labor Condition Application (LCA): A request to the US Department of Labor for a foreign worker to work in the US. Employers file the LCA on Form 9035. It is a required part of certain temporary work visas, including the H-1B visa, H-1B1 visa and E-3 visa.
Lawful Permanent Resident (LPR): An individual who has immigrated to the US legally; has been admitted to the US as a US permanent resident; and has a wallet-sized Permanent Resident Card, Form I-551 (green card). Lawful permanent resident status is not the same as US citizenship. But a lawful permanent resident has authority to live and work in the US permanently. An LPR also has other rights and responsibilities.
Lawful Permanent Resident Alien (LPRA): Lawful permanent resident. See above.
Laws (Immigration and visa related laws): The Code of Federal Regulations (CFR) contains information on US immigration laws. You can find relevant Department of Homeland Security (DHS) regulations at 8 CFR; Department of State (DOS) regulations at 22 CFR; Department of Labor (DOL) regulations at 20 CFR; Department of Justice (DOJ) regulations at 28 CFR; and Department of Health and Human Services (HHS) regulations at 42 CFR.
Lay Worker: Someone who works in a religious organization, but is not a member of the formal clergy.
LEA: See local educational agency.
Legitimation: The legal process a natural father can use to legally acknowledge children born out of wedlock. A legitimated child qualifies as a “child” under immigration law under the following conditions:
LIFE Act: Legal Immigration Family Equity (LIFE) Act and amendments. This Act allows foreign spouses of US citizens, the children of those foreign spouses, and spouses and children of certain lawful permanent residents (LPR) to come to the US to complete US permanent residence. (Effective December 21, 2000.)
Lose Status: To stay in the US longer than term an agent gives someone when they enter the US. It can also mean that the visa holder did not meet requirements or violated the terms of a US visa. Such overstays and violations can cause someone to fall “out of status.” For example, you entered the US on a student visa to study at a US university. Instead, you work at your uncle’s convenience store without work authorization. You also do not study. Doing these things cause you to lose status or to be “out of status.”
Lottery: See diversity visa program, above, and DV Green Card Lottery.
LPR or LPRA: See lawful permanent resident (LPR), above.
Machine Readable Passport (MRP): A passport with biographic information on the data page in accordance with international specifications. Travelers must have a machine readable passport to enter the US through the Visa Waiver Program (WVP).
Machine Readable Visa (MRV): An MRV is a visa containing biometric information about a passport holder. Immigration officers can read this visa using special machines upon entry to the US. It provides biographic information about the passport holder and the visa.
Maintain Status: To follow the requirements of a US visa status and comply with any limitations on duration of stay.
Means-tested Public Benefits: Assistance from a government unit. Benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families, State Child Health Insurance Program and possibly others.
Missionary Work: Work for a religious organization to spread a faith (religion) and advance principles and doctrines of a religion. This may include religious instruction, help for the elderly and needy and proselytizing.
MRV: See Machine Readable Visa.
NAFTA: North American Free-Trade Agreement. See TN NAFTA.
National Interest Waiver (NIW): If they can show US National Interest, members of the professions holding an advanced degree or its equivalent, or those with Exceptional Ability in the Sciences, Arts or Business may qualify for a waiver of the PERM labor certification requirement and/or a waiver of a job offer, and may apply in the National Interest Waiver (NIW) green card category. The NIW does not require an employer sponsor.
The National Interest Waiver (NIW) category may also be for physicians (Physician NIW) who work in an area without adequate health care workers (a designated shortage area). It may also be for physicians who work in Veterans Affairs’ facilities. These physicians can file immigrant visa petitions without first applying for a PERM labor certification.
National Visa Center (NVC): A Department of State facility in Portsmouth, NH, supporting worldwide operations of the Bureau of Consular Affairs Visa Office. The NVC processes immigrant visa petitions from the DHS for immigrant visa applicants at US posts abroad. It also collects fees associated with immigrant visa processing.
Native: US Immigration law considers an individual born in a particular country a “native” of that country. See also “chargeability,” above.
Naturalization: A citizen who acquires a nationality through a legal procedure after birth and not by birth.
Nonimmigrant Visa (NIV): A US visa allows the bearer, a foreign citizen, to apply to enter the US temporarily for a specific purpose. The US primarily classifies nonimmigrant visas (temporary visas) according to the principal purpose of travel. With few exceptions, while in the US, the US restricts nonimmigrants to the activity or reason for which their visa was issued. Examples of individuals the US may issue nonimmigrant visas include tourists, student, diplomats, investors and temporary workers.
Notice of Action: A USCIS immigration form, Notice of Action, Form I-797 that confirms that USCIS has received a petition you submitted, taken action, approved a petition or denied a petition.
NSEERS: Effective April 28, 2011, the Department of Homeland Security (DHS) no longer required registration of foreign citizens entering and exiting the US under the National Security Entry-Exit Registration System (NSEERS), also known as Special Registration. More information is available in DHS’s Federal Register notice of April 28, 2011. See also NSEERS: Designated Countries Removed. This situation is now dynamic, however.
NVC: See National Visa Center, above.
Orphan: A child who has no parents because the parents have died, disappeared, or because they have deserted or abandoned the child. A child may also be considered an orphan if the child has an unwed mother, or has a single living parent who cannot care for the child and has released him/her irrevocably (permanently) for adoption and emigration. Adoptive parents must make sure that a child meets the legal definition of an “orphan” before adopting a child from another country. For more information visit our Adoptions website.
Orphan Petition: Form I-600.
Out of status: A US visa allows the bearer to apply for entry to the US in a certain classification, for a specific purpose. Examples include student (F), visitor (B), temporary worker (H) categories. A consular post issues every visa for a particular purpose and for a specific class of visitor. Each US visa classification has a set of requirements that the visa holder must follow and maintain.
A CBP inspector determines whether to admit you, for how long, and the conditions of your stay. Upon entry, an officer inputs your information in a I-94 Arrival/Departure Record. This tells you when you must leave the US. The I-94 date governs how long you may stay in the US. If you do not follow visa requirements, if you stay longer than that date, or if you engage in activities not permitted for your particular type of visa, you violate your status, and the US considers you “out of status.”
Failure to maintain status can result in arrest. The US may require violators to leave the US. Violation of status also can affect the possibility of readmission to the US for a period of time by making you ineligible for a visa. The US can bar some people who violate the terms of their statusfrom lawfully returning to the US for years.
Overstay: An “Overstay” occurs when a visitor stays longer than the date on their Arrival/Departure (I-94) record. Violating this period of admission may make you ineligible for a visa in the future. See also “Out of Status,” above.
Panel Physician: Only select physicians can perform the required medical examinations for immigrant visa (IV) applicants. See the DOS Medical Examination page to find your local Panel Physician. See also DOS Medical Examination FAQ.
PERM Labor Certification: The initial stage of one of the US permanent residence processes. PERM requires a job offer from a US employer. That US employer must sponsor the foreign worker. The employer is responsible for getting a PERM labor certification from the US Department of Labor. PERM’s purpose is to ensure that foreign workers in the US will not negatively affect US workers’ job opportunities, wages and working conditions.
Permanent Resident (Lawful Permanent Resident or LPR): See Lawful Permanent Resident (LPR).
Physical Presence: The place where an individual is physically, located.
Polygamy: Having more than one spouse at the same time. Polygamy is illegal under US law.
Port of Entry: Place (often an airport) where an individual requests admission to the US. See US Ports of Entry.
Post: US Embassy, US Consulate or other US diplomatic mission outside of the US. Note that not all US Embassies, US Consulates and US missions issue visas. See list of US Embassies, Consulates, and Missions.
Poverty Guidelines: The Department of Health and Human Services (HHS) publishes a Federal Poverty Guidelines list every year. This provides the lowest income acceptable for a family of a particular size such that the family are impoverished. Consular officers use these figures in immigrant visa (IV) cases to determine if a sponsor has sufficient income to support a new immigrant.
Preference Immigration: A system for determining who can immigrate to the US, and when they can do so, within the annual limits. In family immigration, the status of the petitioner (US citizen or lawful permanent resident) and their relationship to the applicant determines preference. Similarly, in employment immigration, the applicant’s qualifications and labor needs in the US determine preference.
Principal Applicant: The individual named in the petition. For example, a US citizen may file a petition for his married daughter to immigrate to the US. His daughter will be the principal applicant, and her family members will get visas from her position. They will get derivative status. Or a company may file a petition for a worker. The worker is the principal applicant. Family members will get derivative status.
Priority Date: A priority date determines an individual’s turn to apply for an immigrant visa (IV) or file for adjustment of status (I-485). In family immigration, a priority date is the date an individual submits a petition to the appropriate office or post. In employment immigration, a priority date could be the receipt date of a labor certification application. Or, it can be the an I-140 immigrant petition receipt date.
Public Charge: An individual who is dependent upon the government for basic living expenses (food, shelter, etc.). An applicant is ineligible for a visa if they will be a public charge. See USCIS Fact Sheet, How Receiving Public Benefits Might Impact the Public Charge Ground of Inadmissibility.
Qualifying date: The Visa Office uses this date to determine when to send an Instruction Package to an immigrant visa (IV) applicant. The Package tells an IV applicant what documents to prepare for the immigrant visa (IV) application.
Rank Order Number: The number that the US gives to entries of the DV Green Card Lottery Program as the computer selects them. The first entries chosen have the lowest numbers. Winning entries may apply for a green card according to their rank order number for their region.
Receipt Notice: A USCIS form, Notice of Action, Form I-797, that confirms that USCIS has received a petition.
Re-entry Permit: A USCIS travel document for lawful permanent residents (LPR’s) who want to stay outside of the US for between one and two years. An LPR who cannot get a passport from their country can also apply for a re-entry permit. Foreign countries can put visas in a US re-entry permit for an LPR.
Refugee: An individual with a well-founded fear of persecution if they return to their home country. If these individuals successfully apply to come to the US in another country, they may enter the US as a refugee.
Retrogression: Sometimes a case that is current one month will not be current the next month when numbers reach the annual numerical limit. This usually happens near the end of a fiscal year (October 1 to September 30 of the following year). When a new fiscal year begins, visa numbers reset. Then the Visa Office usually brings cut-off dates back to where they were before retrogression.
Returning Residents: Lawful permanent residents (green card holders) who want to return to the US after staying abroad more than one year or beyond the expiration of their re-entry permits.
Revalidation or Renewal of a Visa: Nonimmigrant visa (temporary visa) applicants who currently have a US visa, and are seeking renewal or revalidation of their US visa for future travel to the US must apply abroad, generally in their country of residence. The US processes some renewals or revalidation of certain A, G, and NATO diplomatic and official visas (except A-3, G-5 and NATO-7) domestically. Since domestic processing changes, it is wise to inquire when making future plans.
Revocation of a Visa: Cancellation of a US visa. Following cancellation, the visa is no longer good (valid) for travel to the US.
SAW: See Special Agricultural Worker, below.
Schedule “A” Occupations: The Department of Labor (DOL) has given USCIS authority to approve labor certifications for certain occupations including physical therapists, professional nurses and people of exceptional ability in the sciences or arts.
Second Preference: A category of family immigration (F2) for spouses, children and unmarried sons and daughters of lawful permanent residents.
Section 213A: A section of the Immigration and Nationality Act (INA) that establishes that sponsors have a legal duty to support immigrants they want to bring (sponsor) to the US. Sponsors must complete Form I-864 Affidavit of Support.
Sibling: Brother or sister.
Skills List: The Exchange Visitor Skills List (J-1 Skills List) lists fields of specialized knowledge and skills necessary to the development of an exchange visitor’s home country. If your skill is on your country’s Skills List, you must fulfill the two-year foreign residence (home-country physical presence) requirement. This requires you to return to your home country for two years at the end of your exchange visitor program.
Son/daughter: In US immigration law a “child” becomes a “son or daughter” when they turn 21 or marry. A son or daughter must have once met the definition of child in US immigration law.
Special Agricultural Worker: Farm workers in perishable products who worked for a specified period of time and were able to adjust status to lawful permanent resident according to the Immigration Reform and Control Act (IRCA) of 1986.
Special Immigrant: A special immigrant visa category for various types of cases. These include: (1) individuals who lost their citizenship by marriage; (2) individuals who lost citizenship by serving in foreign armed forces; (3) certain foreign medical school graduates; (4) Panama Canal immigrants; and (5) certain others.
Sponsor: (1) An individual who fills out and submits an immigration visa (IV) petition. Another name for sponsor is petitioner, or (2) an individual who completes an affidavit of support (I-864) for an immigrant visa (IV) applicant.
Sponsored Immigrant: An immigrant for whom someone has filed an affidavit of support.
Spouse: Legally married spouse. Co-habiting partners do not qualify as spouses for US immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.
State Workforce Agency: The agency or bureau in each State that deals with employment and labor issues.
Stepchild: A stepchild is a spouse’s child from a previous marriage or other relationship. The marriage creating the stepchild/stepparent relationship must have occurred before the stepchild was 18 to qualify that stepchild to immigrate as a “child.”
Surviving Parent: A child’s living parent when the child’s other parent is dead, and that living parent has not remarried.
SWA: See State Workforce Agency, above.
Tax-exempt: Organizations or individuals in certain kinds of work do not have to pay taxes that regular citizens or businesses must pay. Religious organizations and clergy are often tax-exempt, for example.
Temporary Worker: A foreign worker who will work in the US for a limited period of time. Temporary visa classes include H-1B, L-1, E-2 and O-1. Generally, a prospective employers must file a petition on behalf of a temporary worker. USCIS must approve this petition before you can apply for a visa at a US post.
Termination of a Case: If an applicant fails to reply to a US post inquiry, that post will begin termination of their visa application. The US post will first send the applicant a Follow-up Letter and Instruction Package. If the applicant does not answer within one year, they will send a termination letter. The applicant has one more year to activate their immigrant visa (IV) case. If the applicant does not answer in that one year, the US post terminates the case. You can stop termination of a case by notifying the US post before the prescribed time period has lapsed and requesting that the case remain open.
Third Country National: This is a non-US citizen who is also not a citizen of the country in which they apply for a US visa. Example: you are a Kenyan national visiting Mexico. You are a third country national (TCN) if you apply for a visa while you are in Mexico.
Third Preference: A family immigration category (F3) for married sons and daughters of US citizens and their spouses and children.
Two Year Home-Country Physical Presence Requirement (Section 212(e)): This attaches to (J) exchange visitors, requiring them to return to their home countries for two years at the end of their J-1 program. See Two Year Home Residency Requirement.
Upgrade a Petition: If you naturalize, you may ask USCIS to “upgrade” petitions you have filed for family while you were a lawful permanent resident (LPR) from one category to another. For example, a spousal petition may move from F2 to Immediate Relative (IR1). The petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. So the beneficiary no longer must wait for a “current” priority date.
Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. In that case, a petitioner must file separate petitions for each of their children.
Visa: Generally, a citizen of a foreign country who wants to enter the US must first obtain a US visa–either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visa applicants must apply at a US Embassy or US Consulate outside of the US, generally in their country of permanent residence. US immigration law defines the type of visa you must have. The US visa type is related to the purpose of your travel. A visa allows you to travel to a port-of entry and request permission to enter the US. However, a US visa does not guarantee your entry to the US. A CBP Officer at a US port-of-entry decides whether to admit you. They will also decide how long you can stay for any particular visit.
Visa Expiration Date: The visa expiration date appears on the face of a visa. This means it is valid, or that you can use it from issuance date until expiration date. When visa validity allows for multiple entries, you can use it to travel multiple times for the same purpose. The time from visa issuance date to visa expiration date as shown on its face is the visa validity period.
For example, if you travel frequently as a tourist with a multiple entry visa, you need not apply for a new US visa for each US visit. Travelers cannot use a visitor visa to enter at a later time for a different purpose. For that, they would need to obtain a visa in the relevant category.
Visa validity is the length of time you may travel to a US port-of-entry to request permission to enter the US. A visa does not guarantee entry. Moreover, a visa’s Expiration Date is not the same as the authorized length of stay in the US. A US immigration office at a port-of-entry gives you the latter. That person also puts this information on your I-94 Arrival-Departure Record if you enter on a US visa. Alternatively, the officer enters this in your travel record if you use the Visa Waiver Program (VWP). Visa expiration date has nothing to do with authorized length of stay in the US for any given visit.
Some circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the DHS’s US immigration officer at port of entry, or USCIS, then this action on your part generally will automatically void or cancel your visa. However, if you have filed a timely application for extension of stay or change of status; it is pending and not frivolous; and you did not engage in unauthorized employment, this generally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident (“green card” holder), you should contact USCIS about obtaining Advance Parole before leaving the US.
Visa Numbers: Congress establishes the amount of immigration to the US each year. Immigration for immediate relatives is unlimited; however, there are quotas on preference categories. To distribute the visas fairly among all US immigration categories, the Visa Office distributes them according to preference and priority date. To learn more on how the Visa Office creates visa numbers each month, review Immigrant Numerical Control System.
Visa Validity: This generally means a visa is valid from issuance until expiration to travel for the same purpose, and it is valid for multiple entries. The expiration date is on the visa itself. Depending on nationality, the US can issue visas for any number of entries, from one to multiple entries for the same travel purpose.
For example, if you travel frequently as a tourist with a multiple entry visa, you need not apply for a new visa each time you enter the US. Moreover, if you have a visitor visa, you cannot use that to enter the US to study. Visa validity is the length of time you may travel to a US port-of-entry to request entry to the US. But a visa does not guarantee entry. The visa expiration date is not the same as your authorized length of stay in the US for any particular visit.
Some circumstances can void or cancel a visa validity period. If you overstay the end date of your authorized stay, this is likely to automatically void or cancel your visa. However, if you have filed a timely application to extend or change status; it is pending and not frivolous; and you did not engage in unauthorized employment, this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a lawful permanent resident (LPR), you should contact USCIS about obtaining Advance Parole before leaving the US. See also Visa Expiration Date, above.
Visa Waiver Program (VWP): Citizens of Visa Waiver Program (VWP) countries may enter the US as visitors for pleasure or business without obtaining a visa. VWP Visitors can stay only 90 days and cannot extend their stay or change to another visa category. (Since the VWP waives the visa requirement for program participants, VWP participants have no underlying status to extend. Neither do they have status from to change to another visa category while in the US.)
Voluntary Service Program: A religious or nonprofit charitable organization project that helps the poor or furthers religious or charitable causes. Participants may be eligible for B visas.
Waiver of Ineligibility: In US immigration law certain foreign nationals are ineligible for US visas based upon certain medical conditions, criminal or security issues, or other conditions and activities. Some applicants may apply for a “waiver of ineligibility.” This waiver enables entry to the US despite ineligibility. See Classes of Aliens Ineligible to Receive Visas.
Work Authorization: If you are not a US citizen or lawful permanent resident (green card holder), you may need an Employment Authorization Document (EAD) to prove work authorization in the US. For example, those who have filed for adjustment of status may be eligible for an EAD. Certain G Visa dependents and possibly dependents in other categories may need an EAD to work legally in the US. If your dependent wishes to work, check to see if they need an EAD.