Immigration Law Terminology

Adjustment of status - The process in which someone who holds nonimmigrant, refugee, or parolee status, is allowed to apply for immigrant or lawful permanent status while they are in the United States.

Alien - A person who is not a national or citizen of the United States.

Alien Labor Certification - Certification by the U.S. Department of Labor that there is an insufficient number of U.S. workers who are able, willing, qualified, and immediately available at the place of proposed employment. The certification also provides that employment of the alien seeking certification will not adversely affect the wages and working conditions of U.S. workers similarly employed.

Alien Registration Receipt Card - The official name used in immigration law for a green card.

Asylum - The status sought by a person physically present in the United States. The individual must have a well-founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion, if made to return to his or her country of nationality. If the person does not have a country of nationality, then they must fear these grounds upon returning to their last place of habitual residence. One of these five grounds of asylum must be proven in order for the individual to win an asylum claim. Asylees differ from refugees in that the asylee has already entered the country when they are trying to obtain status.

Attestation - Sworn statements that employers must make to the U.S. Department of Labor before being able to bring foreign workers to the United States. These statements may be that the employer is trying to hire more Americans, or simply be that foreign workers will be paid the same as U.S. workers.

Conditional Permanent Resident Status - A status conferred on an alien spouse and children at the time of obtaining lawful permanent residence, such status having been obtained: (1) on the basis of a marriage to a U.S. citizen or permanent resident spouse entered into less than two years prior to obtaining said status, or (2) as an immigrant investor, in which case it applies to the investor and the members of his or her family.

Deportation - When an alien who has violated immigration laws is found to be removable from the United States.

Diversity Visa (the "green card lottery") - Generic name given to the immigrant visa lottery program established by the Immigration Act of 1990 that makes available up to 50,000 immigrant visas per federal fiscal year to persons from low-admission states and low-admission regions. The Diversity USA (DV) program is administered by the U.S. Department of State, which established the rules for the lottery and tracks the available visa numbers.

Dual Nationality - Possessing two citizenships simultaneously. Dual nationality can occur by birth in one country to citizens of another country, by marriage to a foreign national, or by foreign naturalization. While the U.S. government does not endorse dual nationality, it does recognize its existence and does not require a foreign citizen to give up his or her other nationality in order to become a U.S. citizen. Some countries, such as Germany, do not allow dual nationality and require relinquishment of any other nationality.

Green Card - The popular name for the Alien Registration Receipt Card, which is given to individuals who become legal permanent residents of the United States. While the card was once green, hence earning the nickname, it is presently pink. The card serves as a U.S. entry document, enabling permanent residences to return to the U.S. after temporary absences. You can apply for the green card anywhere, but you can only actually receive the green card inside U.S. borders. In addition, the card and the benefits that come along with it are permanent, therefore you cannot lose it unless you abandon your U.S. residence or commit certain types of crimes. However, a new, updated green card must be applied for every ten years.

I-94 card - A card given to all nonimmigrants when they enter the U.S to serve as evidence that a nonimmigrant has entered the country legally. Before the I-94 card is handed out, it is stamped with a date indicating how long the nonimmigrant may stay for that trip. It is this date, not the expiration date of the visa, that controls how long a nonimmigrant can remain in the U.S. Each time a nonimmigrant legally enters the U.S., he or she receives a new I-94 card with a new date.

Inadmissible - Potential immigrants who are disqualified from obtaining visas or green cards because they are judged by the U.S. government to be in some way undesirable are called inadmissible (formerly "excludable"). Most of these individuals are inadmissible because they have criminal records, certain health problems, commit certain criminal acts, are thought to be subversive, or are unable to support themselves financially.

Immigrant - Any person who is residing in the United States as a legally recognized and lawfully recorded permanent resident. This is what every alien seeking entry to the United States is presumed to be unless they prove they want entry on a nonimmigrant basis.

National - A person owing permanent allegiance to a state.

National of the United States - A citizen of the United States or a person who, though not a citizen of the United States, owes permanent allegiance to the United States. Presently, the only noncitizen nationals of the United States are residents of the American Samoa and Swains Island.

Naturalization - When a person acquires nationality of a state after birth. Citizenship of a foreign state acquired after birth is not naturalization.

Nonimmigrant - A person coming to the United States temporarily for a specific purpose.

Parole - Under certain circumstances, a person may be allowed to enter the U.S. for humanitarian purposes, even when he or she does not meet the technical visa requirements. Those who are allowed to come to the U.S. without a visa in this manner are granted parole, and are known as parolees. Advance Parole may be granted to a person who is already in the U.S. but needs to leave temporarily, and return without a visa. This is the most common when someone has a green card application in process and must leave the U.S. for an emergency or on business.

Passport - A travel document that allows a person to gain admission into a foreign country. The document should show the bearer's origin, identity, and nationality.

Permanent Resident - A permanent resident is a non-U.S. citizen who has been given permission to live permanently in the U.S. If you acquire permanent residence, you will be issued a green card; therefore, the terms permanent resident and green card holder are synonymous. As a permanent resident, you may travel as much as you like, but your place of residence must be in the U.S. and you must keep that resident on a permanent basis.

Priority Date -The date on which you first entered the immigration application process is called the Priority Date. Since only a limited number of green cards are issued each year, you must wait your turn behind the others who have filed ahead of you. Your Priority Date marks your place in the waiting line. Each month the U.S. Department of State makes green cards available to all those who applied on or before a certain priority date. You can get a green card only when your date comes up on the DOS list.

Refugee – A person that is unable or unwilling to return to their country of nationality because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. These individuals apply for status before coming to the United States.

Residence – An individual's one principal, actual dwelling place.

Special Immigrant - Common categories of special immigrants are workers for recognized religions, former U.S. government workers, and foreign doctors who have been practicing medicine in the United States for many years. There is an annual quota of 10,000 green cards that can be given to special immigrants.

Status - The name for the group of privileges you are given when you receive immigration benefits, either as a permanent resident or a nonimmigrant. A person holds their status as long as they are on American soil. Once they leave American soil, they may lose that status. Permanent resident status is not lost by a temporary absence from the United States.

Visa - A stamp placed in your passport by a U.S. consulate outside of the United States. All visas, which can be either immigrant or nonimmigrant, serve as entry documents. Except for a few types of visa renewals, visas cannot be issued inside American borders; therefore, you must be outside the U.S. to get a visa.

Quota - Certain categories of qualified green card applicants are allowed into the U.S. in unlimited numbers. Certain other categories are restricted by a quota. Approximately 400,000 green cards can be issued each year under the quota, with no more than 25,000 going to applicants from any one country. If there are more green card applicants than there are green cards allocated under the quota each year, a backlog is created and applicants must wait their turns. It is because of the quota that it can often take years to get a green card.

Removal Proceedings - Removal (formerly "deportation") Proceedings are carried on before a special immigration judge to decide whether or not an immigrant will be allowed to enter or remain in the country. While a person typically cannot be expelled without first going through a removal hearing, someone arriving at the border or a port of entry can be forced to leave without a hearing or ever seeing a judge.

Temporary Protected Status (TPS) – A temporary protected status is for persons already in the U.S. who came from certain countries experiencing conditions of war or natural disasters. TPS allows someone to live and work in the U.S. for a period of not less than six months or no more than 18 months, but it does not lead to a green card. TPS is presently available to persons from Burundi, Nicaragua, El Salvador, Sierra Leone, Honduras, Somalia, Liberia, Sudan, and Montserrat.

Visa Waiver Program - The Visa Waiver Program (VWP) allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The VWP permits nationals from designated countries to apply for admission to the United States for ninety (90) days or less as nonimmigrant visitors for business or pleasure without first obtaining a nonimmigrant visa. The following countries are presently participants in this program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and The United Kingdom.