Glossary

A

Accommodation

A modification to an existing practice or procedure that allows an applicant with a disability to take part in the application process.

Accredited Representative

These are people who are affiliated with BIA-recognized organizations. These representatives may charge or accept only very low fees for their services. For a list of these BIA-accredited representatives, visit justice.gov/eoir/recognition-accreditation-roster-reports.

Adjournment

This is when a court case has been postponed to another time or place.

Adjudicate/Adjudication

USCIS’s review of a petition or application to determine whether the petitioner or applicant is eligible for the requested immigration benefit.

Adjustment of Status

This is the process you can use to apply for lawful permanent resident status (also known as applying for a Green Card) while you are present in the United States. This means you can obtain a permanent resident card without having to return to your home country to complete visa processing.

Admissibility

The eligibility of a foreign national to lawfully enter the United States after being inspected and authorized by an immigration officer.

Admission Number or I-94 Number

An 11-digit number found on Form I-94 or Form I-94A, Arrival-Departure Record.

Advance Parole

Advance parole allows you to travel back to the United States without having to apply for a visa. A transportation company (such as an airline) may accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport. In most cases, you must have your advance parole document before you leave the United States.

Affidavit of Support

An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility generally lasts until the relative or other person becomes a U.S. citizen or is credited with 40 quarters of work (usually 10 years).

Alien

Any person who is not a citizen or national of the United States. A “foreign national” is a synonym and is used outside of the statutes when referring to a person who is not a U.S. citizen.

Alien Registration Number or A-Number (A#)

A unique seven-, eight- or nine-digit number that the Department of Homeland Security assigns to a person who is not a U.S. citizen. See also “USCIS Number.”

Application Support Center (ASC)

These are the USCIS offices where applicants generally provide their biometrics (such as fingerprints, photograph and signature).

Arranged Marriage

This is a common tradition in many cultures and is not the same as a forced marriage. In an arranged marriage, families may play a role in choosing the spouse, but both people are free to choose whether and when they will marry. A forced marriage occurs when families or others arrange the marriage and deny the parties the choice of whether, when and whom to marry.

Arrival/Departure Record (Form I-94/I-94A)

The Arrival/Departure Record is the I-94, either paper or electronic, issued by a U.S. Customs and Border Protection (CBP) officer to visitors entering the United States. As of April 30, 2013, most Arrival and/or Departure records are created electronically upon arrival. For more information, see uscis.gov/i-94information.

Asylee

A foreign national who is in the United States or at a port of entry and is 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. The persecution or fear of persecution must be based on religion, nationality, membership in a particular social group, or political opinion.

Au Pair Program (Child Care Program)

A cultural exchange program (J-1 classification) of the Department of State that gives exchange visitors between 18 and 26 years of age the opportunity to take part in the daily life of a host family in the United States. All participants in this program provide child care services to their host family and attend a U.S. institution of higher education.

Authorized Provider

Someone who is authorized by the Department of Justice (DOJ) Office of Legal Access Programs (OLAP) to provide immigration services to the public. DOJ-recognized organizations and accredited representatives provide supporting materials to USCIS and the public. They provide educational materials and legal services to help immigrants navigate the immigration system. Authorized providers can help their clients prepare forms and are also permitted to attend USCIS interviews with their clients.

B

Beneficiary

A foreign national who is sponsored by a relative or an employer, or who has filed a petition on his or her own behalf (self-petitioner), for an immigration benefit. A “principal beneficiary” is a foreign national whose name is listed on an immigrant or nonimmigrant petition or application. A “derivative beneficiary” is an immediate family member of the principal beneficiary who may be eligible to receive the same immigration status as the principal beneficiary based on the family relationship.

Biometrics

The process used to identify people by their physical characteristics, including fingerprints, photograph and signature.

Blanket Waiver

A waiver issued by USCIS meaning that the applicant does not have to file a form or pay a fee. You can find a detailed explanation of the blanket waivers related to specific categories in each volume of the USCIS Policy Manual.

Burden of Proof

The obligation of a party to prove a fact by presenting evidence that supports that fact.

C

Cap-Gap Extension

Allows foreign students who have applied to change their status to H-1B to extend their stay and employment authorization until September 30 of the calendar year for which the H-1B petition was filed, but only if the H-1B employment start date is October 1. The extension is automatically terminated if the petition is rejected, denied or revoked.

Casual Domestic Employment

Sporadic, irregular or intermittent domestic service provided by a person in a private home.

CBP

Abbreviation for U.S. Customs and Border Protection, an agency that is part of the Department of Homeland Security.

Certificate of Citizenship

We issue this certificate to a person born outside the United States who derived or acquired U.S. citizenship through a U.S. citizen parent.

Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019)

A Department of State–controlled document required to support an exchange visitor (J-1) visa application. It is prepared by the program sponsor and can only be produced through the Student and Exchange Visitor Information System (SEVIS).

Certificate of Eligibility for Nonimmigrant Student Status (F-1)

For Academic and Language Schools (Form I-20) — A Department of Homeland Security document required to support a student visa application (F-1 or M-1). It is prepared by the sponsoring educational institution and can only be obtained through the Student and Exchange Visitor Information System (SEVIS).

Certificate of Naturalization

We issue this certificate to people who become U.S. citizens through the naturalization process after turning 18.

Child

The INA provides two definitions for the term “child.” One definition applies to immigration petitions and applications for lawful permanent residence. The other definition applies to citizenship and naturalization.

The significant difference between the two definitions is that a stepchild is not included in the definition related to citizenship and naturalization. Although a stepchild can be a “child” for purposes of visa issuance or adjustment of status, a stepchild is not the “child” of a stepparent for purposes of citizenship and naturalization. A stepchild is not eligible for citizenship or naturalization through a U.S. citizen stepparent unless the stepchild has been adopted and the adoption meets certain requirements.

Definition for Purposes of Immigration Petitions and Applications for Lawful Permanent Residence

Generally, for purposes of immigration petitions and applications for lawful permanent residence (Green Card), a child is an unmarried person under 21 years of age who is:

• A child born in wedlock (that is, born to parents who are married to each other);
• A child born through assisted reproductive technology to a non-genetic gestational mother who is also the legal mother under the law of the relevant jurisdiction at the time of birth;
• A stepchild, provided the child was under 18 years of age at the time the marriage that created the stepchild relationship took place;
• A legitimated child (a child born out of wedlock who has been placed on the same legal footing as a child born in wedlock);
• A child born out of wedlock, when the benefit is sought based on the relationship with his or her mother, or with his or her father if the father has or had a bona fide relationship with the child;
• A child adopted while under 16 years of age (or under 18 if the sibling exception applies) who has lived with the adoptive parent and been in the adoptive parent’s legal custody for at least two years (and meets the requirements of INA 101(b)(1)(E)); or
• An orphan who has been adopted abroad by a U.S. citizen or who will come to the United States to be adopted by a U.S. citizen (and meets the requirements of INA 101(b)(1)(F)); or
• A child adopted under the Hague Adoption Convention who has been adopted abroad by a U.S. citizen or will come to the United States to be adopted by a U.S. citizen (and meets the requirements of INA 101(b)(1)(G)).

Definition for Purposes of Citizenship and Naturalization

For the definition of a “child” for purposes of citizenship and naturalization, please consult the USCIS Policy Manual, Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section A, Definition of Child [12 USCIS-PM H.2(A)].

Civil Surgeon

A licensed physician with medical training and at least 4 years of experience who has been designated by USCIS to perform immigration medical examinations in a state where the physician is licensed and practices medicine. For medical examinations performed abroad, see “panel physician.”

IMPORTANT: Medical examinations will not be accepted if they are performed by a doctor in the United States who is not a civil surgeon. Please make sure your appointment is with a civil surgeon, or your documents will not be valid.

Conditional Resident

Any foreign national who has been granted permanent resident status on a conditional basis (for example, the spouse of a U.S. citizen or an immigrant investor) and who must request removal of the conditions on his or her status before the second anniversary of the date the conditional status was approved.

Continuous Residence

The period of time during which a person has maintained a permanent home in the United States after being admitted as a lawful permanent resident. See the Policy Manual for more information.

Curricular Practical Training

A program that allows students to accept alternate work/study, internships, cooperative education, or any other type of required internship or practicum offered by employers through cooperative agreements with the educational institution.

Cut-Off Date

The date the U.S. Department of State uses to determine whether an applicant in a visa preference category can be scheduled for a visa interview in a given month. When the letter “C” (meaning “current”) appears instead of a specific date, it means that 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 whose priority dates are earlier than the cut-off date can be scheduled for an interview. However, if your priority date is on or later than the cut-off date, you will have to wait until your priority date becomes current.

D

DACA

Deferred Action for Childhood Arrivals, a program launched in 2012. For more information, see the Deferred Action for Childhood Arrivals (DACA) page.

Defensive Asylum Application

This is an asylum application filed with an immigration judge during removal proceedings in immigration court as a defense against removal from the United States. Immigration courts are part of the Executive Office for Immigration Review (EOIR).

Deferred Action

A type of prosecutorial discretion that allows a person to remain in the United States for a set period of time, unless the deferred action is terminated for some reason. Deferred action is determined on a case-by-case basis and establishes lawful presence only. It does not provide immigration status or benefits of any kind. DACA is a type of deferred action.

Deferred Enforced Departure (DED)

The president may authorize DED as part of his power to conduct foreign relations; it is not a specific immigration status. People covered by DED are not subject to removal from the United States, usually for a set period of time.

Denial (as opposed to “Rejection”)

When USCIS notifies applicants or petitioners that the benefit will not be granted, or that they have not shown that they are eligible for the benefit they requested.

Department of Homeland Security

A department of the executive branch of the U.S. government in charge of national security. This includes:

• Preventing terrorism and reducing risks to critical infrastructure;
• Securing and managing the borders;
• Enforcing and administering the immigration laws;
• Safeguarding and securing cyberspace; and
• Ensuring resilience to disasters.

Department of Justice

A department of the executive branch of the U.S. government whose primary responsibilities are:

• Enforcing the law and defending the interests of the United States according to the law;
• Ensuring public safety against foreign and domestic threats;
• Providing federal leadership in preventing and controlling crime;
• Seeking just punishment for those guilty of unlawful behavior; and
• Ensuring the fair and impartial administration of justice for all Americans.

Department of Labor

A department of the executive branch of the U.S. government that fosters, promotes and develops the welfare of the wage earners, job seekers and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices and other national economic measurements. In carrying out this mission, the Department administers a variety of federal labor laws, including those that guarantee workers’ rights to safe and healthy working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

Derivatives

The spouse and/or children of a principal applicant who will obtain their status through the principal applicant.

Derived Citizenship

Citizenship conferred on minors through the naturalization of their parents or, under certain circumstances, on children adopted by U.S. citizens who were born abroad, provided they meet certain conditions.

Designated School Official (DSO)

The person designated by the director of the Student and Exchange Visitor Program (SEVP) of an approved educational institution to support the principal designated school official and maintain records in the Student and Exchange Visitor Information System (SEVIS).

Detained / Detention

When a person is held in the custody of an agency in a prison or similar facility.

DHS

Abbreviation for the Department of Homeland Security.

Disabilities, Employees/Persons with

People who have a physical or mental impairment that substantially limits one or more major life activities, who have a record of such an impairment, or who are regarded as having such an impairment.

Discretion

The ability of USCIS to decide the outcome of an application by weighing the positive and negative factors in the applicant’s case, based on the facts and circumstances the applicant describes in the benefit request.

Discrimination

Unfair treatment in the workplace because of your race, color, religion, sex (including pregnancy), citizenship or immigration status, national origin, disability, age (40 or older) or genetic information.

DOJ

Abbreviation for the U.S. Department of Justice.

DOL

Abbreviation for the U.S. Department of Labor.

Domestic Worker/Employee

People who perform child care, household tasks, or the maintenance of a home or surrounding yard on a regular basis in exchange for wages or other benefits, and who are not independent contractors or do not provide services sporadically or for independent contractors or individual businesses.

DS-2019

See Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019).

Duration of Status (D/S)

A notation on certain nonimmigrant Forms I-94 indicating that a person, such as a nonimmigrant F-1 student, is authorized to stay in the United States for as long as he or she maintains valid immigration status.

E

E-Verify

An internet-based system that compares information from an employee’s Form I-9 with Department of Homeland Security and Social Security Administration records to confirm employment authorization.

EB-5 Immigrant Investor

The Immigrant Investor Program, also known as the Regional Center Program, sets aside EB-5 visas for participants who invest in commercial enterprises based on proposals to promote economic growth.

EEOC

Abbreviation for the Equal Employment Opportunity Commission.

Employee

A person who provides services or labor for an employer in exchange for wages or other remuneration (does not include independent contractors or those engaged in casual domestic employment).

Employer

A person or entity, including an agent or anyone acting directly or indirectly in the interest of the employer, that engages the services or labor of an employee in exchange for wages or other remuneration to perform work in the United States. The term employer includes agricultural recruiters and people who refer for a fee. In the case of an independent contractor or a contract for labor or services, the term employer means the independent contractor or contractor, and not the person or entity using the labor under the contract.

Employer Sanctions

A series of civil fines or criminal penalties for violating the regulations that prohibit employers from hiring, recruiting or referring for a fee foreign nationals known to be unauthorized to work in the United States, from continuing to employ foreign nationals knowing they are unauthorized, or from hiring a person without completing Form I-9.

Employment

Any service or labor performed by an employee for an employer in the United States, not including casual domestic employment or duties performed by nonimmigrant crewmen (D-1 or D-2 classification).

Employment Authorization Document (Form I-766/EAD)

A general term used to describe the card that USCIS issues on Form I-766, Employment Authorization Document, to foreign nationals who are authorized to work in the United States. The card contains the person’s photograph and sometimes fingerprints. A foreign national who has an EAD usually has permission to work on the open market, although there are exceptions.

Equal Employment Opportunity Commission (EEOC)

An agency that enforces the federal laws prohibiting discrimination against a job applicant or employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Exchange Visitor

A foreign national temporarily admitted to the United States in J-1 status as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

Executive Action

Executive actions have the same effect as a law but are not subject to the legislative process. They include presidential proclamations, presidential directives, executive orders, and presidential memoranda.

F

F-1 Nonimmigrant Student

A person who has been admitted to the United States as a full-time academic student at a college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that leads to a degree, diploma or certificate, and the educational institution must be authorized by the U.S. government to accept international students.

Family Name

Last name or surname.

Female Genital Mutilation or Cutting (FGM/C)

FGM/C refers to cutting or other procedures that injure the female genital organs for non-medical reasons. The U.S. government opposes FGM/C regardless of its type, degree or severity, or the reasons for doing it. The U.S. government considers FGM/C a serious human rights abuse, a form of gender-based violence and, when performed on girls, a form of child abuse.

Field Office

Offices within a USCIS district that provide services and law enforcement functions for a particular portion of the district.

Forced Marriage

This is a marriage that takes place without the consent of one or both parties. Consent means that you have given your full, free and informed agreement to marry your spouse and to hold the marriage at the scheduled time. A forced marriage may occur when relatives or others use physical or emotional abuse, threats or deception to force you to marry without your consent.

The victims of forced marriage can be girls, boys, women or men. Forced marriage can affect people of any race, ethnicity, religion, sex, age or national origin, and from all economic and educational backgrounds.

Foreign National

A person without U.S. citizenship or nationality (may include a stateless person).

Foreign Student

Either:

F-1 Nonimmigrant Student — A foreign national who has been admitted to the United States as a full-time academic student at a college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that leads to a degree, diploma or certificate, and the school must be authorized by the U.S. government to accept international students; or

M-1 Nonimmigrant Student — A foreign national who has been admitted to the United States to take part in a vocational or other nonacademic program, other than language training.

Freedom of Information Act (FOIA)

The Freedom of Information Act (FOIA) is a federal law that:

• Says that people generally have the right to request access to federal agency records; and
• Creates a presumption that the records of agencies and departments of the executive branch of the U.S. government are accessible to the public, except where the records are protected from disclosure by any of the nine exemptions contained in the law or by one of three special law enforcement record exclusions.

G

Green Card

Also known as the Permanent Resident Card, Form I-551, or Alien Registration Receipt Card. USCIS grants the Green Card to foreign nationals as evidence of their lawful permanent resident status in the United States. It is accepted as proof of identity and employment authorization for Form I-9. Although some Green Cards have no expiration date, most are valid for 10 years. Cards issued to residents with conditional permanent resident status are valid for two years.

H

Headquarters and Program Offices

Groups of USCIS offices that carry out certain tasks to fulfill the USCIS mission.

Hiring

The actual start of employment of an employee in exchange for wages or other remuneration.

Human Trafficking

Human trafficking, also known as trafficking in persons, is a form of modern slavery in which traffickers deceive people with false promises of employment and a better life.

Humanitarian Parole

People who are outside the United States may request parole into the United States based on urgent humanitarian reasons or significant public benefit. See “Parole-in-Place.”

I

I-20

See Certificate of Eligibility for Nonimmigrant Student Status (F-1) — For Academic and Language Schools.

I-94

See Arrival/Departure Record.

ICE

Abbreviation for U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security.

Immigration Act of 1990

Public Law 101-649 (enacted November 29, 1990), which increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized Temporary Protected Status for nationals of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised the naturalization authority and requirements.

Immigration and Nationality Act (INA)

An act of Congress that, together with other immigration laws, treaties and conventions of the United States, relates to immigration, temporary admission, naturalization and the removal of aliens.

Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, 100 Stat. 3359 (enacted November 6, 1986)

An act of Congress created to control and deter illegal immigration to the United States. Its main provisions provide for the legalization of undocumented aliens who have been present unlawfully since 1982, the legalization of some agricultural workers, sanctions against employers who knowingly hire undocumented workers, and increased security on U.S. borders.

Immigration Scams

Immigration scams are fraudulent or deceptive practices aimed at immigrants. The most common scams include Temporary Protected Status re-registration scams, visa lotteries, and “notarios públicos.”

INA

Abbreviation for the Immigration and Nationality Act.

Inadmissibility

Not being permitted to lawfully enter the United States or obtain a visa abroad based on acts or conduct listed as grounds of inadmissibility in section 212 of the Immigration and Nationality Act.

INS

Abbreviation for the Immigration and Naturalization Service, which was abolished in 2003. Its functions are now carried out by three agencies of the Department of Homeland Security: U.S. Citizenship and Immigration Services; U.S. Immigration and Customs Enforcement; and U.S. Customs and Border Protection.

Intermittent

Something that comes and goes at intervals.

IRCA

Abbreviation for the Immigration Reform and Control Act of 1986, Public Law 99-603, 100 Stat. 3359 (enacted November 6, 1986).

Irregular

An event or activity that lacks continuity or regularity.

J

Jurisdiction

The authority of a government to rule on or enforce the law, in certain areas or over certain people.

K

Knowing False Statement

Knowingly making a statement or claim that is not consistent with the true facts.

L

L-1A Nonimmigrant Classification

This classification allows:

• A U.S. employer to transfer an executive or manager from one of its affiliated offices abroad to one of its offices in the United States; and
• A foreign company that does not yet have an affiliated office in the United States to send an executive or manager to the United States to establish one.

Labor Certification

A Department of Labor certification required for U.S. employers who wish to hire people who are immigrating to the United States based on their job skills, or temporary nonimmigrant workers who come to perform services for which qualified, authorized workers are not available in the United States.

The labor certification is issued by the Secretary of Labor and contains attestations from U.S. employers about the number of U.S. workers available to perform the employment the applicant seeks, and the effect that employing foreign nationals has on the wages and working conditions of U.S. workers employed under similar conditions. The determination of the availability of U.S. workers is made at the time of the visa application and in the location where the applicant wishes to work.

Lawful Permanent Resident

A person who is not a U.S. citizen and who lives in the United States as an immigrant under legally recognized and recorded permanent residence status. Also known as a “permanent resident alien,” a “lawfully admitted resident alien” and a “Green Card holder.”

Legalization Dependents

Refers to the maximum number of 55,000 visas issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, 100 Stat. 3359 (enacted November 6, 1986), in each of fiscal years 1992 through 1994.

Legalized Aliens

Certain aliens in unlawful status who are eligible to apply for lawful permanent resident status under the legalization provision of the Immigration Reform and Control Act of 1986.

LIFE

Abbreviation for the Legal Immigration Family Equity Act.

Lodged Not Filed (Lodging)

Lodging occurs when a complete asylum application is stamped “lodging not filed” by the immigration court clerk at the immigration court clerk’s office before it is presented at a hearing before an immigration judge.

EOIR uses the date the immigration judge accepts the application at a hearing as the date it is “filed.” However, we use the date the asylum application was stamped “lodged not filed” as the filing date for the purpose of calculating the 180-day asylum EAD clock.

LPR

Abbreviation for lawful permanent resident.

M

Maiden Name

A woman’s family name or surname at birth, before she married.

Mailing Address

The address where you would like to receive written correspondence from USCIS.

Middle Initial

The first letter of a person’s middle name.

N

NAICS

This is the North American Industry Classification System code. It is a sequence of digits that refers to an industry’s classification within the North American Industry Classification System.

Naturalization

The way in which a person who was not born in the United States voluntarily becomes a U.S. citizen.

Next Friend

A person who appears in a legal proceeding to act on behalf of a foreign national who is under 16 years of age, or who is incapacitated or incompetent, and who has suffered substantial physical or mental abuse as a result of being the victim of qualifying criminal activity. A “next friend” is not a party to the legal proceeding and is not appointed as a guardian.

Nonimmigrant

A foreign national who is admitted to the United States for a specific temporary period. There are clear conditions on the stay. There is a wide variety of nonimmigrant categories, and each exists for a specific purpose and has specific terms and conditions. Nonimmigrant classifications include:

• Foreign government officials;
• Visitors for business or pleasure;
• Aliens in transit through the United States;
• Treaty traders and investors;
• Students;
• International representatives;
• Temporary workers and trainees;
• Representatives of foreign information media;
• Exchange visitors;
• Fiancé(e)s of U.S. citizens;
• Intracompany transferees;
• NATO officials; and
• Religious workers.

Most nonimmigrants may be accompanied or joined by their spouses or unmarried minor children (or dependents).

North American Free Trade Agreement (NAFTA)

Public Law 103-182 (enacted December 8, 1993) created a special economic and trade relationship among the United States, Canada and Mexico. The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Accountants, engineers, lawyers, pharmacists, scientists and teachers fall into this category.

Notary Public (Notario Público)

In many Latin American countries, the term “notario público” means something very different from what it means in the United States. In many Spanish-speaking countries, “notarios” are powerful lawyers with special legal credentials. In the United States, however, notaries public are people appointed by state governments to witness the signing of important documents and administer oaths. A notary public is not authorized to provide you with immigration-related legal services. Only an attorney or an accredited representative working for an organization recognized by the Department of Justice (DOJ) can give you legal advice.

O

Office of the Special Counsel for Immigration-Related Unfair Employment Practices (OSC)

A section within the Civil Rights Division of the Department of Justice that enforces the anti-discrimination provisions of the Immigration and Nationality Act (8 U.S.C. § 1324b). This office protects U.S. citizens and people authorized to work from employment discrimination based on citizenship, immigration status or national origin with respect to hiring, firing, and recruitment or referral for a fee, as well as discrimination during the employment verification process.

Ombudsman

The Office of the Citizenship and Immigration Services Ombudsman is an impartial resource that makes recommendations to us on how to improve services, increase efficiency, and provide a more meaningful experience. We take these recommendations very seriously, review them thoroughly, and implement them to the extent possible.

OSC

Abbreviation for the Office of the Special Counsel.

Outside the United States

Outside the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38).

Please note that “outside the United States” includes the U.S. territory of American Samoa. American Samoa is considered foreign territory because it is not included in the definition of the United States in INA 101(a)(38).

P

Panel Physician

A licensed, experienced physician with medical training who practices medicine abroad and has been designated by the local U.S. embassy or consulate. These medical professionals receive focused training on U.S. immigration to provide medical examinations as required by the Centers for Disease Control and Prevention and U.S. Citizenship and Immigration Services. For medical examinations to be performed in the United States, please see civil surgeon.

Parole

A discretionary decision that allows inadmissible foreign nationals to be released from a place of inspection so that, although they have not been admitted to the United States, they are permitted to be physically present in the United States. Parole is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Parole is not an “admission” or “entry.” The foreign national is treated as an applicant for admission. Parole is covered by section 212(d)(5)(A) of the INA.

Parole-in-Place

A discretionary authority that gives foreign nationals who are already physically present in the United States without having been inspected or admitted an opportunity to remain in the United States for urgent humanitarian reasons or significant public benefit. Parole-in-place is covered by section 212(d)(5)(A) of the INA.

Parolee

A person who has been granted parole into the United States. See “Parole-in-Place.”

Pattern or Practice

Regular, repeated and intentional acts; does not include isolated, sporadic or accidental acts.

Pay

Wages or other remuneration.

Permanent Residence

See Lawful Permanent Resident.

Permanent Resident Alien

See Lawful Permanent Resident.

Permanent Resident Card (Form I-551)

Also known as a Green Card or Alien Registration Receipt Card, this is a card USCIS issues to foreign nationals as evidence of their lawful permanent resident status in the United States. Although some Permanent Resident Cards have no expiration date, most are valid for 10 years. Cards held by people with conditional permanent resident status are valid for two years.

Physical Address

The address where you physically live.

Port of Entry

Any location in the United States or its territories that has been designated as a point of entry for foreign nationals or U.S. citizens. All district offices and service centers are also considered ports of entry, since they become places of entry for foreign nationals who adjust their immigration status.

Preference System (Immigration Act of 1990)

The nine categories into which family-based and employment-based preference visas are distributed beginning in fiscal year 1992. The family-based preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, minor children and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; and 4) brothers and sisters of U.S. citizens. The employment-based preference categories are: 1) priority workers (people with extraordinary ability or achievement, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or foreign nationals of exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).

Principal Designated School Official (PDSO)

A person designated by the director of the Student and Exchange Visitor Program (SEVP) of an authorized educational institution who has primary responsibility for the students participating in that program and for maintaining records in the Student and Exchange Visitor Information System (SEVIS).

Priority Date

The priority date determines when it is a person’s turn to apply for an immigrant visa. In family-based immigration, the priority date is the date a petition is filed at a DHS office or at a U.S. embassy or consulate abroad. In employment-based immigration, the priority date may be the date the Department of Labor (DOL) receives a labor certification application.

Pro Bono Program

A list of local organizations that provide free legal services, usually available at every local USCIS office.

For more information on how to find legal services, please visit https://www.uscis.gov/es/encuentre-servicios-legales.

Processing Times

An estimate of how long it will take to process your case from start to finish. Every case is different, so some cases may take longer to process than others. You can find our average processing times on our website. If you use your receipt number to check the status of your case, please remember that we will only look into your case if it has been pending longer than the current processing times.

Prosecutorial Discretion

The legal authority to decide whether to take action against a person for having committed an offense.

Provisional Waiver

A waiver granted to people who are otherwise inadmissible because they have been unlawfully present in the United States for more than 180 days, based on a showing that they will cause extreme hardship to certain U.S. citizen or lawful permanent resident relatives. It allows the person to return after leaving the country for an immigrant visa interview at a U.S. embassy or consulate. For more information, visit the Provisional Unlawful Presence Waivers page.

Q

Qualified Representative

These are people who provide services free of charge. These representatives must know immigration law and the rules of practice in court. Law students and graduates, and people of good moral character who have a connection to you (a relative, neighbor, clergy member, co-worker or friend) are examples of qualified representatives.

R

Recognized Organization

These are organizations recognized by the Board of Immigration Appeals (BIA). To be recognized, an organization must have sufficient knowledge and experience providing services to immigrants. A recognized organization may charge or accept only very low fees for those services. For a list of organizations recognized by the BIA, visit justice.gov/eoir/recognition-accreditation-roster-reports.

Reentry Permit

Permanent or conditional residents must apply for a reentry permit if they will be outside the United States for one year or more. A valid reentry permit allows you to apply for admission to the United States without having to obtain a returning resident visa at a U.S. embassy or consulate.

Referral Date Confirmation

You must visit SSA or contact DHS about a Tentative Nonconfirmation (TNC) no later than this date.

Refugee

Usually a person who is outside his or her country of citizenship and who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. For the legal definition of refugee, see section 101(a)(42) of the INA.

Refugee Travel Document

We issue travel documents to people who have refugee or asylee status, and to lawful permanent residents who obtained their permanent resident cards (Green Cards) based on refugee or asylee status, so that they can reenter the United States.

Regulations

Rules created by an executive authority, such as a department or agency of the executive branch of the government, to put the intent of the law into practice. Regulations issued by the federal government are first published in the Federal Register and then codified in the Code of Federal Regulations (CFR). Immigration regulations issued by the Department of Homeland Security are codified in Title 8 of the CFR, Aliens and Nationality.

Rejection (as opposed to “Denial”)

When USCIS determines that an immigration petition or application cannot be accepted for entry, processing or adjudication because it does not meet a basic requirement (for example, the correct filing fee or a signature).

Remand

This means sending a case back to a lower court or tribunal to take an action ordered by a higher court or tribunal.

Remuneration

Anything of value given in exchange for labor or services, including food and lodging.

Request for Evidence (RFE)

We may send you a request for additional evidence if:

• You did not submit all of the required evidence;
• The evidence you submitted is no longer valid; or
• The immigration officer needs more information to determine your eligibility.

Responsible Officer (RO) or Alternate Responsible Officer (ARO)

An officer or official authorized to issue Form DS-2019.

S

Service Centers

USCIS has five service centers that process and adjudicate certain immigration applications and petitions. Service centers do not provide in-person services, conduct interviews, or accept walk-in applications or questions. They work only with applications that applicants mail, file online, or file at a secure USCIS location (Lockbox).

Special Immigrant Juvenile (SIJ) Status

Some children who are in the United States without lawful immigration status may need humanitarian protection because they have been abused, abandoned or neglected by a parent. SIJ status is an immigration classification that allows these vulnerable children to apply for lawful permanent resident status right away, commonly known as getting a Green Card or lawful permanent resident card.

Special Situations

These are natural disasters and other extreme situations. In these cases, you may be eligible for extensions and changes of status, fee waivers, employment authorization, replacement of documents, and expedited processing.

Special Student Relief

Special Student Relief occurs when the Secretary of Homeland Security suspends certain regulatory requirements for F-1 students from parts of the world experiencing emergent circumstances, such as a natural disaster, war or military conflict, or other national or international economic crises.

Specialty Occupation

An occupation that requires the theoretical and practical application of highly specialized knowledge in fields of human endeavor, including:

• Architecture;
• Engineering;
• Mathematics;
• Physical sciences;
• Social sciences;
• Medicine and health;
• Education;
• Business specialties;
• Accounting;
• Law;
• Theology; and
• The arts.

Specialty occupations require a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

Sporadic

Something that occurs occasionally.

Student and Exchange Visitor Information System (SEVIS)

A Department of Homeland Security database developed to collect information on F, M and J visa holders.

Student and Exchange Visitor Information System (SEVIS) Identification Number

An identifier printed in the upper right corner of every Form I-20 or Form DS-2019, consisting of an alphanumeric character (N) and up to 11 digits (for example, N0002123457).

Student and Exchange Visitor Program (SEVP)

A government program that collects, maintains and provides information that allows legitimate foreign students and exchange visitors to gain entry into the United States. SEVP uses a web-based technology, known as the Student and Exchange Visitor Information System, to track and monitor schools and programs, students, exchange visitors and their dependents throughout the duration of their approved participation within the U.S. education system.

T

T Nonimmigrant Status (T Visa)

T nonimmigrant status provides immigration protection to victims of human trafficking. The T visa allows victims to remain in the United States and assist law enforcement authorities in the investigation and prosecution of human trafficking cases.

Temporary Protected Status (TPS)

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) because of conditions that temporarily prevent the country’s nationals from returning safely, or, under certain circumstances, because the country is unable to adequately handle the return of its nationals.

We may grant TPS to eligible nationals of certain countries (or parts of countries) who are already in the United States. Eligible people without nationality (stateless persons) whose last habitual residence was in the designated country may also receive TPS. The Secretary may designate a country for TPS because of the following temporary conditions: ongoing armed conflict (such as a civil war); an environmental disaster (such as an earthquake or hurricane); or any other extraordinary and temporary condition. TPS is initially granted for periods of 6 to 18 months and may be extended.

Temporary Worker

A foreign national who comes to the United States to work for a temporary period.

Tentative Nonconfirmation (TNC)

A TNC from DHS or the Social Security Administration (SSA) means that the information your employer entered into E-Verify from your Form I-9, Employment Eligibility Verification, does not match the records available to DHS or SSA. Receiving a case result of TNC does not necessarily mean that you are not authorized to work in the United States.

Transportation Letter

A transportation letter allows an airline or other carrier to board permanent residents who have been temporarily outside the United States and people who have lost their permanent resident card (Green Card) or reentry permit, or had it stolen or destroyed.

Travel Documents

We issue the following four types of travel documents:

• Advance Parole;
• Refugee Travel Document;
• Reentry Permit; and
• Transportation Letter.

U

U Nonimmigrant Status (U Visa)

U nonimmigrant status provides immigration protection to victims of crimes who have suffered substantial mental or physical abuse as a result of the crime. The U visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of the criminal activity.

U.S. Citizenship and Immigration Services

A federal agency that is part of the Department of Homeland Security and oversees lawful immigration to the United States. Its functions include:

• Granting employment authorization to eligible foreign nationals;
• Issuing employment authorization documents to foreign nationals;
• Administering Forms I-9; and
• Administering the E-Verify employment eligibility verification program.

U.S. Customs and Border Protection (CBP)

An agency of the Department of Homeland Security that is responsible for securing the nation by preventing the illegal entry of people and goods while facilitating legitimate travel and trade.

U.S. Immigration and Customs Enforcement (ICE)

The principal investigative arm of the U.S. Department of Homeland Security. ICE’s primary mission is to promote homeland security and public safety by enforcing the federal laws governing border control, customs, trade and immigration.

U.S. National

A person who, although not a U.S. citizen, owes permanent allegiance to the United States (for example, a person born in American Samoa or on Swains Island).

Unauthorized Practice of Immigration Law (UPIL)

The unauthorized practice of immigration law occurs when people who are not attorneys or accredited representatives:

• Claim to be qualified in legal matters;
• Provide legal assistance to applicants or petitioners in immigration matters; and
• Charge more than a nominal fee.

United States

The continental United States (including the District of Columbia), Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

USCIS

Abbreviation for U.S. Citizenship and Immigration Services, an agency of the Department of Homeland Security.

USCIS Immigrant Fee

The USCIS Immigrant Fee recovers USCIS costs related to immigrant visas issued by the Department of State at U.S. embassies and consulates abroad. The fee covers the cost of USCIS processing, filing and maintaining immigrant visa packages, plus the cost of producing Permanent Resident Cards.

USCIS Number

A unique seven-, eight- or nine-digit number that the Department of Homeland Security assigns to a person who is not a U.S. citizen, and which appears on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010. See also “Alien Registration Number” or “A-Number.”

USCIS Online Account Number

The unique identification number issued by the USCIS online filing system.

V

Visa

A U.S. visa allows the holder to apply for entry to the United States under a particular classification, such as student (F), visitor (B) or temporary worker (H). A visa does not grant the holder the right to enter the United States. The Department of State is responsible for adjudicating visas at U.S. embassies or consulates abroad.

Inspectors from U.S. Customs and Border Protection (CBP) determine whether you will be admitted, the length of your stay, and the conditions of your stay at the port of entry. The information on a nonimmigrant visa only refers to when a person may apply for entry to the United States. DHS immigration inspectors will record the terms of your admission on the Arrival/Departure Record (I-94 (white document) or I-94W (green document)) and in your passport.

Visa Bulletin

The Visa Bulletin summarizes the availability of visa numbers and indicates when immigrant visa applicants will be notified to gather and submit the required documentation to the National Visa Center.

Visa Lottery

The U.S. Department of State (DOS) administers the Diversity Immigrant Visa Program (DV), also known as the visa lottery or diversity visa lottery. The DV Program is free, and DOS will never send you an email telling you that you have been selected.

Visa Retrogression

This occurs when more people apply for a visa in a particular category or from a particular country than there are visas available for that month. Retrogression usually occurs toward the end of the fiscal year as visa issuance approaches the annual limits per category or country.