A To Z Of US Immigration

A TO Z OF US IMMIGRATION

A#

Alien Registration Number. An A# is issued to all foreign nationals applying for a Green Card.

A-1 Visa

Foreign government officials, ambassadors, public ministers, career diplomats, consular officers or other high level government officials.

A-2 Visa

For other officials or employees of foreign governments in lesser ranks.

A-3 Visa

Attendants, servants or other personal employees of foreign government officials.

Accompanying Relative

Foreign nationals who are eligible to receive a nonimmigrant visa or a green cards may also obtain a nonimmigrant visa or Green Card for their immediate family members. Accompanying relatives may only include spouse and unmarried children under the age of 21 who will be traveling with the foreign national.

Acquired Citizenship

Citizenship conferred at birth on children born abroad to a US citizen parent(s).

Adjudicate

Legally judge a document or case.

Adjustment to Immigrant Status

Procedure allowing certain aliens already in the U.S. to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time.

Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at an INS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A) , filed before January 15, 1998. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Advance Parole

Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return.

Affidavit of Support (I-134)

A promise with the Immigration and Naturalization Service to support an alien entering the United States and that the alien will not become a public charge.

Affidavit of Support

(I-864)

If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an Affidavit of Support. This legally enforceable responsibility lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years.)

Agricultural Worker

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

Alien

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

Alien Labor Certification

Alien labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.

Alternate Chargeability Foreign national born in an ineligible country may participate in the Green Card Lottery by alternatively claiming chargeability to the country of birth of a spouse or a parent.

Claiming chargeability to spouse's country of birth: You can claim your spouse's country of birth as your native country provided your spouse was born in an eligible country.

Claiming chargeability to parent's country of birth: You can claim your parent's country of birth as your native country provided neither of your parents was a permanent resident in the country of your birth when you were born.

Amerasian (Vietnam)

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

Amerasian Act

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

Applicant

The person who formally requests a Green Card or nonimmigrant visa is an applicant. In cases where the Green Card or Nonimmigrant visa requires the filing of a petition, unless the petition is approved, foreign nationals may not become applicants.

Application

Application is a formal request made for a green card or a nonimmigrant visa. In most cases, an application for a Green Card or a nonimmigrant visa cannot be made unless the foreign national obtains proof that he/she is qualified through an approved petition. In certain cases, only an application is needed and the petition is not required to obtain a visa.

Application Support Centers

INS Offices fingerprint applicants for immigration benefits. Some INS applications, such as the Application for Naturalization or the Application to Register Permanent Residence or Adjust Status, require the INS to conduct a FBI fingerprint background check on the applicant. Most applicants that require a background check will be scheduled to appear at a specific Application Support Center (ASC) or Designated Law Enforcement Agency (DLEA) for fingerprinting.

Apprehension

The arrest of a removable alien by the Immigration and Naturalization Service. Each apprehension of the same alien in a fiscal year is counted separately.

Approval Notice

The INS issues an Approval Notice (Form I-797) if it approves the petition or form filed with it.

AR-11

Change of Address Form to report the change of address of an alien in the United States.

Arrival-Departure Record

(I-94) An INS Form I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the "Admitted Until" date, the date when your authorized period of stay expires.

You will receive an INS Form I-94 from an INS inspector when arriving in the United States at a land border port-of-entry or from an airline or ship representative when arriving at an air or sea port-of-entry by aircraft or ship. The form must be completed and presented to an INS inspector who may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad.

When you leave the country, you should give the INS Form I-94 to your airline or ship representative, or, if you are departing over a land border, give it to a Mexican or Canadian immigration inspector. An INS Form I-94 that has been approved by an INS inspector can prove that you arrived in the country legally and that you have not stayed beyond the period of stay authorized. In addition, turning in INS Form I-94 to the proper authorities when you leave the country can prove that you did not violate U.S. laws by staying in the country too long. Proof that you are willing to obey U.S. immigration laws will be very important if you again want to travel to the U.S. as an immigrant or nonimmigrant in the future.

Asylee

An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.

Attestation

A sworn statement made by employers to the Department of Labor before being able to bring foreign workers to the U.S. for work. The attestation may include statements that the employer is making an effort to hire more U.S. citizens, or it will pay foreign workers the same wages as paid to U.S. workers.

B-1 Visa

Temporary Visa for Business Visitors.

B-1/B-2 Visa

Temporary Visitor for Business and Pleasure.

B-2 Visa

Temporary Visa for Tourists.

Beneficiaries

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

Border Crosser

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

Border Patrol Sector

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

Business Nonimmigrant

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

C-1 Visa

Alien in Transit.

C-2 Visa

Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), 4), or (5) of the Headquarters Agreement.

C-3 Visa

Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit. 212(d)(8).

Cancellation of Removal

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

Certificate of Citizenship

Identity document proving US citizenship. Certificates of citizenship is issued to derivative citizens and to persons who acquired US citizenship.

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

CJA-24

Authorization and Voucher for Payment of Transcript.

CJA-24 INST

Authorization and Voucher for Payment of Transcript INSTRUCTIONS.

Country of Last Residence

The country in which an alien habitually resided prior to entering the United States.

Country of Birth

The country in which a person is born.

Country of Chargeability

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

Country of Citizenship

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

Country of Former Allegiance

The previous country of citizenship of a naturalized US citizen or of a person who derived US citizenship.

Country of Nationality

The country of a person's citizenship or country in which the person is deemed a national.

Crewman

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

Crewman's Landing Permit (I-95)

An INS Form I-95 (Crewman's Landing Permit) shows the date you arrived in the United States and the "Admitted Until" date, the date when your authorized period of stay expires.

You will receive an INS Form I-95 from an INS inspector when arriving in the United States at a land border port-of-entry or from an airline or ship representative when arriving at an air or sea port-of-entry by aircraft or ship. The form must be completed and presented to an INS inspector who may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad.

When you leave the country, you should give the INS Form I-95 to your airline or ship representative, or, if you are departing over a land border, give it to a Mexican or Canadian immigration inspector. An INS Form I-95 that has been approved by an INS inspector can prove that you arrived in the country legally and that you have not stayed beyond the period of stay authorized. In addition, turning in INS Form I-95 to the proper authorities when you leave the country can prove that you did not violate U.S. laws by staying in the country too long. Proof that you are willing to obey U.S. immigration laws will be very important if you again want to travel to the U.S. as an immigrant or nonimmigrant in the future.

Criminal Removal

The deportation, exclusion, or removal of an alien who has 1) been charged under a section of the Immigration and Nationality Act that requires a criminal conviction and that charge is the basis for the removal or 2) a criminal conviction noted in the Deportable Alien Control System (DACS) for a crime that renders the alien removable. An alien with an appropriate criminal conviction is considered a criminal alien regardless of the section of law under which the alien was removed.

Cross Chargeability

When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

Cuban/Haitian Entrant Status accorded:

1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and

2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to the INS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

D Visa

Crewmember (Sea or Air).

Deferred Inspection

A procedure in which a person arriving at an airport is allowed to come into the United States for purposes of resolving a complicated immigration issue. This usually occurs when it is not clear to the officer at the airport that the alien is eligible to be admitted or refused entry.

Department of Labor (DOL)

It is the government agency, which receives applications for Labor Certifications and decides whether a shortage of American workers available to fill a particular position in a U.S. company exists.

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, 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.

Department of State

(DOS) The Department of State is the lead U.S. foreign affairs agency, and the Secretary of State is the President's principal foreign policy adviser. The Department advances U.S. objectives and interests in shaping a freer, more secure, and more prosperous world through its primary role in developing and implementing the President's foreign policy. The Department also supports the foreign affairs activities of other U.S. Government entities including the Department of Commerce and the Agency for International Development. It also provides an array of important services to U.S. citizens and to foreigners seeking to visit or immigrate to the U.S.

Departure Under Safeguards

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

Dependent

Spouse, and unmarried children under the age of 21.

Deportable Alien

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

Deportation

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

Derivative Citizenship

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

District

Geographic areas into which the United States and its territories are divided for the Immigration and Naturalization Service's field operations or one of three overseas offices located in Rome, Bangkok, and Mexico City.

Each District Office, headed by a District Director, has a specified service area that may include part of a state, an entire state, or many states. District Offices are where most INS field staff are located. District Offices are responsible for providing certain immigration services and benefits to people resident in their service area, and for enforcing immigration laws in that jurisdiction. Certain applications are filed directly with District Offices, many kinds of interviews are conducted at these Offices, and INS staff is available to answer questions, provide forms, etc.

Diversity

A category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program.

Docket Control

The INS mechanism for tracking the case status of potentially removable aliens.

DS-117

Application to Determine Returning Resident Status.

DS-156

Nonimmigrant Visa Application. This form is required for each person traveling to U.S. - even children and babies listed in parents' passports.

DS-156E

Nonimmigrant Treaty Trader or Treaty Investor Visa Application.

DS-156K

Nonimmigrant Fiance(e) Visa Application Supplement to Form DS-156.

DS-157

Nonimmigrant Visa Application. All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a DS-157 in addition to the Nonimmigrant Visa Application DS-156.

DS-169

Instructions for Immigrant Visa Applicants.

DS-1858

Sponsor's Financial Responsibility Under The Social Security Act.

DS-230

Application for Immigrant Visa and Alien Registration.

DS-3032

Choice of Address and Agent for Immigrant Visa Purposes.

DS-3052

Nonimmigrant V Visa Application.

DS-11

Application for Passport.

DSP-122

Supplemental Registration for the Diversity Immigrant Visa Program.

DS-19

Passport Amendment/Validatio n Application.

DS-64

Statement Regarding Lost or Stolen Passport.

DS-82

Application for Passport by Mail.

Dual Citizenship

The concept of dual citizenship means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

E Visas

The visas are for treaty traders and treaty investors. These are specialized nonimmigrant working visas that are only available to citizens of countries that have bilateral treaties with the U.S.

E-1 Visa

Treaty Trader, Spouse and Child.

E-2 Visa

Treaty Investor, Spouse and Child.

Employee

An employee, for immigration purposes, is a term used to describe a foreign national seeking U.S. immigration privileges through a job offer from a U.S. employer. Green Card and several nonimmigrant visas may be obtained if you have such a job offer.

Employer

An employer, for immigration purposes, is a U.S. company or individual who has made a firm job offer to a foreign national and is acting on behalf of that person in an attempt to acquire a Green Card or nonimmigrant visa.

Employer Sanctions

The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.

Employment Authorization Document (EAD)

Employment Authorization Document (EAD) proves that a person is allowed to work in the United States.

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Individuals who are not citizens or lawful permanent residents, may need to apply for an Employment Authorization Document (EAD) to prove that they may work in the United States.

Employment First Preference

Priority workers, including persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers.

Employment Second Preference

Persons with advanced degrees and persons of exceptional ability, coming to the U.S. to accept jobs with U.S. employers for which U.S. workers are in short supply or where it would serve the national interest.

Employment Third Preference

Skilled and unskilled workers coming to the U.S. to accept jobs with U.S. employers for which U.S. workers are in short supply.

Employment Fourth Preference

Religious workers and various miscellaneous categories or workers and other individuals.

Employment Fifth Preference

Individual investors willing to invest $1,000,000 in a U.S. business (or $500,000 in economically depressed areas).

EOIR-26

Notice of Appeal to BIA of Decision of Immigration Judge.

EOIR-26A

Appeal Fee Waiver Request.

EOIR-27

Notice of Entry of Appearance as Attorney or Representative before BIA.

EOIR-28

Notice of Entry of Appearance as Attorney or Representative before Immigration Judge.

EOIR-29

Notice of Appeal to BIA of Decision of District Director.

EOIR-30

OCAHO Subpoena Form.

EOIR-31

Request for Recognition as a Nonprofit Religious, Charitable, Social Service, or Similar Organization Established in the United States.

EOIR-33/BIA

Change of Address Form.

EOIR-33/IJ

Change of Address Form.

EOIR-40

Application for Suspension of Deportation.

EOIR-41

Written Notice of Appeal Rights.

EOIR-42A

Application for Cancellation of Removal for Certain Permanent Residents.

EOIR-42B

Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.

EOIR-44

Immigration Practitioner Complaint Form.

EOIR-45

Notice of Appeal to the Board of Immigration Appeals of Decision of Adjudicating Official in Practitioner Discipline Case.

ETA 9033-A

Attestation by Employers using Alien Crewmembers for Longshore Activities at Locations in the State of Alaska.

ETA-750

Applications For Alien Labor Certification (Statement of Qualifications) . The application describes in detail the job duties, educational requirements, training, experience and other special capabilities the applicant must possess to do the work, and a statement of the prospective immigrant's qualifications.

ETA-790

Agricultural and Food Processing Clearance Order (H-2A).

ETA-9035

Labor Condition Application (LCA) for H-1B Nonimmigrant.

ETA-9081

Attestation for H-1C Nonimmigrant Nurses.

Exchange Visitor

An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

Exclusion

Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.

Executive Office of Immigration Review (EOIR)

The EOIR is an office within the U.S. Department of Justice. Its primary mission is to adjudicate immigration cases in a careful and timely manner, including cases involving detained aliens, criminal aliens, and aliens seeking asylum as a form of relief from removal, while ensuring the standards of due process and fair treatment for all parties involved.

Expatriation

Expatriation, also known as loss of nationality, is the act of renouncing nationality of one country to become citizens of another.

Expedited Removal

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the INS to quickly remove certain inadmissible aliens from the United States. The authority covers aliens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. The authority covers aliens who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled by an immigration officer at a port-of-entry.

The INS has the authority to order the removal, and the alien is not referred to an immigration judge except under certain circumstances after an alien makes a claim to legal status in the United States or demonstrates a credible fear of persecution if returned to his or her home country.

F-1 Visa

Student.

F-2 Visa

Spouse or Child of F-1.

Family First Preference

Family First Preference Green Cards are issued to:

Unmarried children (age 21 or older) who have at least one U.S. citizen parent

Unmarried stepchildren (age 21 or older), if the marriage creating the stepchild relationship took place before the child's 18th birthday

U.S. citizens to sponsor the Green Card application of their unmarried foreign born children (age 21 or older)

Family Second Preference

Family Second Preference Green Cards are issued to:

Foreign nationals married to U.S. Permanent Residents (Green Card holders)

Unmarried children (any age) of U.S. Permanent Residents (Green Card holders)

Unmarried stepchildren of lawful permanent residents, if the marriage creating the stepchild relationship took place before the child's 18th birthday

Family Third Preference

Family Third Preference Green Cards are issued to:

Married children (any age) of U.S. citizens

Married step children of U.S. citizens, if the marriage creating the stepchild relationship took place before the child's 18th birthday

Family Fourth Preference

Family Fourth Preference Green Cards are issued to brothers and sisters of U.S. citizens.

Fiance(e) of US Citizen

A nonimmigrant alien coming to the United States to conclude a valid marriage with a US citizen within ninety days after entry.

Files Control Office

An Immigration and Naturalization Service field office - either a district (including INS overseas offices) or a sub-office of that district - where alien case files are maintained and controlled.

Fiscal Year

Currently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976.

Foreign Government Official

As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens' spouses and unmarried minor (or dependent) children.

Foreign Information Media Representative

As a nonimmigrant class of admission, an alien coming temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign information media and the alien's spouse and unmarried minor (or dependent) children.

Foreign State of Chargeability

The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences.

Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.

G-1 Visa

Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family.

G-2 Visa

Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family.

G-3 Visa

Representative of Nonrecognized Nonmember Foreign Government to International Organization, or Immediate Family.

G-4 Visa

International Organization Officer or Employee, or Immediate Family.

G-5 Visa

Attendant, Servant, or Personal Employee of G-1 through G-4 or Immediate Family.

G-1020

H-1B Specialty Occupation Data Collection.

G-14

Information Form. This form is used to provide additional identifying information so that the INS may act upon or reply to a communication.

G-28

Notice of Entry of Appearance as Attorney or Representative.

G-325

Biographic Information. This form is to provide biographic information on an alien.

G-639

Freedom of Information/ Privacy Act Request. This form is used to request access to INS information under the Freedom of Information and Privacy Acts.

G-731

Inquiry About Status of I-551 Alien Registration Card. This form is used to inquire as to the status of an I-551, Alien Registration Card, for an alien who has adjusted status.

G-845

Verification Request (Non-SAVE Agencies). This form is to verify the status of an alien for official purposes of a government agency which does not participate in the SAVE program.

G-845S

Verification Request (SAVE Agencies).

G-942

Application Survey (for INS Employment). INS requests that all applicants for employment with the Service fill out this form, to ensure compliance with Federal laws and regulations, which mandate equal opportunity in the recruitment of applicants for Federal employment.

General Naturalization Provisions

The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period.

Geographic Area of Chargeability

Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.

Green Card

The Green Card, also known as Immigrant Visa, Alien Registration Receipt Card, Form I-151 or I-551, is issued to lawful permanent residents.

H-1B Beneficiary

1) the approved petition associated with a specialty worker admitted on the basis of professional education, skills, and/or equivalent experience (the H-1B subsection uses this definition); 2) a specialty worker whose petition to work temporarily in the United States has been approved by the Immigration and Naturalization Service.

H-1B Petition

An application form used by employers seeking permission for an alien to work temporarily in the United States. An H-1B petition must be approved by the Immigration and Naturalization Service before an alien specialty worker is authorized to begin or continue working in the United States. This requirement is true regardless of whether the alien is residing overseas or within the United States at the time of application. After a petition is approved, an H-1B worker is said to be a beneficiary.

H-1B Visa

Alien in a Specialty Occupation.

H-1C Visa

Nurses in health professional shortage areas.

H-2A Visa

Temporary Worker Performing Agricultural Services Unavailable In the United States (Petition filed on or After June 1, 1987).

H-2B Visa

Temporary Worker Performing Other Services Unavailable in the United States (Petition filed on or After June 1, 1987).

H-3 Visa

Trainee.

H-4 Visa

Spouse or Child of Alien Classified H-1B,

H-1C, H-2A, H-2B, or H-3.

HA-501

Request for Hearing by Administrative Law Judge.

Hemispheric Ceilings

Statutory limits on immigration to the United States in effect from 1968 to October 1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.

I Visa

Representative of Foreign Information Media, Spouse and Child.

I-102

Application for Replacement/ Initial Nonimmigrant Arrival-Departure Record. For a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

I-129

Petition for A Nonimmigrant Worker. Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2B, H-3, L-1, O-1, P-1, P-2, P-3, or Q-1 nonimmigrant worker. Employers may also use this form to petition for an extension of stay or change of status for an alien as an E-1, E-2, R-1 or TN nonimmigrant.

I-129 Supplement 1

Supplement to Petition for a Nonimmigrant Visa.

I-129E

E Supplement to I-129.

I-129F

Petition for Alien Fiance(e). This form is used to petition to bring fiance(e) and that person's children to the United States for marriage or to bring spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status.

I-129S

Nonimmigrant Petition Based on Blanket L Petition. For employers to classify employees as L-1 nonimmigrant intra-company transferees (executives, managers, or specialized knowledge professionals) under a blanket L petition.

I-129W

Petition for Nonimmigrant Worker Filing Fee Exemption. This form is an addendum to Form I-129, Petition for a Nonimmigrant Worker. It is used to collect information about the H-1B nonimmigrant worker and the H-1B petitioner (U.S. employer). It is also used to determine whether the H-1B petitioner is exempt from the additional filing fee of $1000 imposed by the American Competitiveness and Workforce Improvement Act.

I-130

Petition for Alien Relative.

I-131

Application for Travel Document. This form is used to apply for an INS Travel Document, reentry permit, refugee travel document or advance parole.

I-134

Affidavit of Support. This form is to file a promise with the Service to support an alien entering the United States and that the alien will not become a public charge. A separate affidavit must be filed by the sponsor for each person.

I-140

Immigrant Petition for Alien Worker. This form is to petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

I-17

Petition for Approval of School for Attendance by Nonimmigrant Student.

I-175

Application for Nonresident Alien's Canadian Border Crossing Card.

I-190

Application for Nonresident Alien Mexican Border Crossing Card.

I-191

Application for Permission to Return to an Unrelinquished Domicile. For a legal permanent resident of the United States to apply for permission to return to their home in the United States after time spent outside the United States.

I-192

Application for Advance Permission to Enter as Nonimmigrant. For an alien who is otherwise not permitted to enter the United States to apply for permission to temporarily enter the United States.

I-193

Application for Waiver of Passport and/or Visa. For an alien who is a legal resident of the United States to reenter the United States without the alien's passport and/or visa.

I-212

Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualifications.

I-246

Application for Stay of Deportation or Removal. This form is to obtain a stay of deportation or removal if you have been ordered deported or removed from the United States.

I-290B

Notice of Appeal to the Administrative Appeals Unit (AAU). This form is used to notify the INS that you are appealing an adverse decision regarding your case to the Administrative Appeals Unit.

I-352

Immigration Bond. This form is used to contract with an individual who has guaranteed that an alien will either (1) appear as required at a specified location, (2) will voluntarily depart the United States by a certain date, or (3) will not become a "public charge".

I-360

Petition for Amerasian, Widow(er), or Special Immigrant.

I-361

Affidavit of Financial Support and Intent to Petition for Legal Custody. The form is filed as an agreement to provide financial support for a five year period for an Amerasian or to petition a court for legal custody of an Amerasian under 18 years of age.

I-408

Application to Pay Off or Discharge Alien Crew. This form is used by the owner, agent, master or commanding officer of a vessel or aircraft seeking authorization to pay off or discharge crewmembers in the United States. No alien crewmember on a vessel or aircraft, except for those admitted for lawful permanent residence, may be discharged or paid off in the United States without prior authorization.

I-485

Application to Register Permanent Residence or to Adjust Status.

I-485 Supplement A

Supplement A to Form I-485.This form is to provide supplemental information to the INS on persons seeking to adjust status under the provisions of section 245(i) of the Immigration and Nationality Act.

I-485 Supplement B

Form I-485 Instructions for NACARA. This form provides additional instructions to the form I-485 as it relates to certain nationals of Nicaragua and Cuba.

I-485 Supplement C

Instructions to Supplement C to

Form I-485 (HRIFA). Provides additional information and instructions to nationals of Haiti who are seeking lawful permanent resident status pursuant to HRIFA.

I-485 Supplement D

LIFE Legalization Supplement to the

Form I-485 Instructions. This form provides additional instructions to the Form I-485 as it relates to certain class action applicants applying for adjustment of status pursuant to section 1104 of the LIFE Act and section 1503 of the LIFE Act Amendments.

I-526

Immigrant Petition By Alien Entrepreneur. For use by an entrepreneur who wishes to immigrate to the United States.

I-538

Certification by Designated School Official. This form is used to certify aliens seeking off-campus employment as a student and that the employment is related to the student alien's field of study.

I-539

Application to Extend or Change Nonimmigrant Status. This form is used by some nonimmigrants to request extensions of stay or changes from one nonimmigrant category to another nonimmigrant category.

I-539 Supplement A

Filing Instructions for V Nonimmigrant Status. These instructions are used by persons seeking V nonimmigrant status while in the United States or extension of V status.

I-566

Interagency Record of individual Requesting Change/Adjustment to or from A or G Status. This form is used to apply for dependent employment authorization as an eligible A-1, A-2, G-1, G-3, G-4, or NATO dependent; or applying for a change or adjustment of status to, or from, A or G status.

I-589

Application for Asylum. This form is used to apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation" ).

I-600

Petition to Classify Orphan as an Immediate Relative. This form is to classify an alien orphan who either is, or will be, adopted by a U.S. citizen as an immediate relative of the U.S. citizen to allow the child to enter the U.S. The petition is filed by the U.S. citizen who is adopting the child.

I-600A

Application for Advance Processing of Orphan Petition. To speed part of the processing for an orphan petition relating to the petitioner before an orphan (who will be adopted by the U.S. citizen filing the application) is located.

I-601

Application for Waiver of Grounds of Excludability. For an alien who is ineligible to enter the United States to apply for a waiver of excludability.

I-602

Application By Refugee For Waiver of Grounds of Excludability. For a refugee who has been found inadmissable to the United States for reasons such as felony conviction or health conditions to apply for a waiver of such inadmissability on grounds of humanitarian reasons, family unity or national interest.

I-612

Application for Waiver of the Foreign Residence Requirement. For certain exchange workers ( J-1 and J-2 visas) and their families to apply for a waiver of the requirement that they reside outside the United States for at least two years prior to returning or leaving the United States.

I-643

Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status. This form is used to provide statistical data to the Department of Health and Human Services regarding refugees or asylees who wish to adjust to immigrant status in the United States.

I-68

Canadian Border Boat Landing Permit.

I-690

Application for Waiver of Excludability. Individuals who are inadmissable to the United States but have applied for legal residency under Sections 245A or 210 of the Immigration and Nationality Act may request a waiver of the grounds of excludability for humanitarian, family unity, or national interest reasons.

I-693

Medical Examination of Aliens Seeking Adjustment of Status. This form is used to certify the health of an alien seeking to adjust status as a visitor or immigrant to the United States.

I-694

Notice of Appeal of Decision. This form is used to notify the Immigration and Naturalization Service that an alien denied permanent residence, temporary residence or a waiver of grounds of excludability under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA) is appealing the decision to the Commissioner of INS.

I-695

Application for Replacement Employment Authorization or Temporary Residence Card. This form is used to apply for a replacement employment authorization card or temporary residence card under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA).

I-698

Application to Adjust Status From Temporary to Permanent Resident. This form is used to apply for adjustment to permanent resident status under the amnesty program provisions of the Immigration Reform and Control Act of 1986 (IRCA).

I-730

Refugee/Asylee Relative Petition. If you have been admitted to the United States as a refugee or if you were granted status in the United States as an asylee within the previous two years, you may request follow-to-join benefits for your spouse and/or unmarried children under 21 years of age.

I-751

Petition to Remove the Conditions on Residence. This form is used by a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

I-765

Application for Employment Authorization. Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens who are authorized to work in the United States without restrictions should also used this form to apply to the INS for a document evidencing such authorization.

I-765D

Liberian Deferred Enforced Departure Supplement to I-765.

I-817

Application for Family Unity Benefits. This form is for requesting initial benefits under the Family Unity Program, or to request an extension of such benefits.

I-821

Application for Temporary Protected Status. This form is to apply for a temporary immigration status granted to eligible nationals of designated countries.

I-821A Package

Forms and Instructions for TPS for Nicaraguans and Hondurans. This form is to apply for a temporary immigration status granted to eligible nationals of Nicaragua and Honduras.

I-823

Application - Inspections Facilitation Program.

I-824

Application for Action on an Approved Application or Petition. This form will be used to request a duplicate approval notice, to request approval notice to another U.S. Consulate; and to request notice to a U.S. Consulate for derivative visas to family members.

I-829

Petition by Entrepreneur to Remove Conditions. This form is used by a conditional permanent resident who obtained such status through entrepreneurship to remove the conditions on his or her residence.

I-847

Report of Complaint.

I-855

ABC Change of Address. This is a change of address form for people who have applied for TPS or for benefits under American Baptist Churches and have a different address from the address on their registration application.

I-864

Affidavit of Support Under Section 213A of the Act. This form is used to show that an intending immigrant has adequate means of financial support and is not likely to become a public charge.

I-864 Package

Affidavit of Support Package (Forms I-864, I-864A, I-864P and I-865).

I-864A

Affidavit of Support Contract Between Sponsor and Household Member. This contract is intended to benefit the sponsored immigrant(s) and any agency of the Federal Government, any agency of a State or local government, or any private entity to which the sponsor has an obligation under the affidavit of support to reimburse for benefits granted to the sponsored immigrant. This contract may be enforced in any court with appropriate jurisdiction.

By signing this form, a household member who is not a sponsored immigrant, agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support.

I-864P

Poverty Guidelines. This form is used to determine the minimum income requirement needed to complete Form I-864, Affidavit of Support under Section 213A of the Immigration and Nationality Act.

I-865

Sponsor's Notice of Change of Address. This form is to report a sponsor's new address and/or residence.

I-866

Application Checkpoint Pre-enrolled Access Lane. To permit individuals to apply to participate in the Pre-enrolled Access Lane (PAL) program for the Immigration and Naturalization Service checkpoints.

I-876

Election Form to Participate in Employment Eligibility Confirmation Pilot Programs. This form is required if an employer wish to be considered for participation in a pilot, but does not obligate the employer to participate, nor does it obligate INS to select the employer for participation.

I-881

NACARA - Suspension of Deportation or Application for Special Rule Cancellation of Removal.

I-9

Employment Eligibility Verification. All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. Acceptable documents are listed on the back of the form, and detailed below under "Special Instructions. "

I-90

Application to Replace Permanent Resident Card. This form is to renew an expiring or expired green card or replace a lost or damaged card.

I-907

Request for Premium Processing Service. Employers may use this form to request faster processing of certain employment-based petitions. Currently, those eligible to request this service are the following categories: E-1, E-2, H-1B, H-2A; H-2B, H-3, L-1, O-1, O-2, P-1, P-3, Q-1, R-1, and TN.

I-914

Application for T Nonimmigrant Status. This form is to provide temporary immigration benefits to aliens who are victims of severe forms of trafficking in persons, and to their immediate family members, as appropriate.

I-94

Arrival-Departure Record.

I-94W

Nonimmigrant Visa Waiver Arrival-Departure Record.

IAP-66

Certificate of Eligibility for Exchange Visitor (J-1) Status.

Immediate Relatives

Certain immigrants who because of their close relationship to US citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.

Immigrant See Permanent Resident Alien

Immigrant Visa

The Immigrant Visa, also known as Green card, Alien Registration Receipt Card, Form I-151 or I-551, is issued to lawful permanent residents.

Immigration Act of 1990

Public Law 101-649 (Act of 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 to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements.

Immigration and Nationality Act

The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens.

Immigration and Naturalization Service (INS)

See U.S. Citizenship and Immigration Services (USCIS)

Immigration Judge

An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removal proceedings.

Immigration Marriage Fraud Amendments of 1986

Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration- related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than two years are conditional immigrants. To remove their conditional status the immigrants must apply at an Immigration and Naturalization Service office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable.

Immigration Reform and Control Act (IRCA) of 1986

Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States.

Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at US borders.

Inadmissible

An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission.

International Representative

As a nonimmigrant class of admission, an alien coming temporarily to the United States as a principal or other accredited representative of a foreign government (whether officially recognized or not recognized by the United States) to an international organization, an international organization officer or employee, and all above aliens' spouses and unmarried minor (or dependent) children.

Intracompany Transferee

An alien, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien's spouse and minor unmarried children.

IRCA

See Immigration Reform and Control Act of 1986.

J-1 Visa

Exchange Visitor.

J-2 Visa

Spouse or Child of J-1.

JS-44

Civil Cover Sheet (required when filing a new civil case with the Clerk of Court).

K-1 Visa

Fiancee or Fiance of United States Citizen.

K-2 Visa

Child of Fiance(e) of U.S. Citizen.

K-3 Visa

Spouse of a U.S. Citizen.

K-4 Visa

Children of K-3 visa holders.

L-1 Visa

Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation) .

L-2 Visa

Spouse or Child of Intracompany Transferee.

Labor Certification

Requirement for US employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States.

Labor certification is issued by the Secretary of Labor and contains attestations by US employers as to the numbers of US workers available to undertake the employment sought by an applicant, and the effect of the alien's employment on the wages and working conditions of US workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.

Legalization Dependents

A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.

Legalized Aliens

Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government's knowledge of their unlawful status before that date.

Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and US history and government.

Legitimated

Most countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless:

1. only one of the parents is living, or

2. both of the parents have abandoned the child

M-1 Visa

Vocational Student or Other Nonacademic Student.

M-2 Visa

Spouse or Child of M-1.

Metropolitan Statistical Areas (MSAs)

MSAs consist of a core area with a large population and adjacent communities having a high degree of social and economic integration with the core. They are defined by the US Office of Management and Budget (OMB).

MSAs are generally counties (cities and towns in New England) containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000 (75,000 in New England).

MSAs of one million or more population may be recognized as Consolidated Metropolitan Statistical Areas (CMSAs). Primary Metropolitan Statistical Areas (PSMAs) are component areas within MSAs. New England County Metropolitan Areas (NECMAs) are the county based metropolitan alternative of the New England states for the city and town based MSAs and CMSAs.

Migrant

A person who leaves his/her country of origin to seek residence in another country.

N-25

Request for Verification of Naturalization. This form is for INS to request verification of an individual's naturalization from the court where the oath of naturalization was administered. It is completed by the clerk of the court where the oath was administered.

N-300

Application to File Declaration of Intention. This form is for a permanent resident to apply for a Declaration of Intention to become a U.S. citizen. This form is not required for naturalization, but may be required by some States if you wish to conduct certain business with that State.

N-336

Request for Hearing on a Decision in Naturalization Proceedings.

N-4

Monthly Report Naturalization Papers.

N-400

Application for Naturalization.

N-410

Application for Motion for Amendment of Petition.

N-426

Request for Certification of Military or Naval Service. This form is used by an applicant for naturalization to request that the Department of Defense verify the applicant's military or naval service.

N-455

Application for Transfer of Petition for Naturalization.

N-470

Application to Preserve Residence for Naturalization Purposes. This form is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization.

N-565

Application for Replacement Naturalization Citizenship Document. This form is used to apply for a replacement Declaration of Intention, Naturalization Certificate, Certificate of Citizenship, or Repatriation Certificate, or to apply for a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country.

N-600

Application for Certification of Citizenship. This form is for an individual to claim U.S. citizenship based on parentage or marriage.

N-600/N-643 Supp. A

Application for Transmission of Citizenship Through A Grandparent.

N-643

Application for Certificate of Citizenship on Behalf of an Adopted Child.

N-644

Application for Posthumous Citizenship. Public Law 101-249 provides for the granting of United States citizenship to an alien or non-citizen national whose death resulted from injury or disease incurred on active duty with the United States Armed Forces during specified periods of military hostilities.

N-648

Medical Certification for Disability Exceptions. The Immigration and Naturalization Service's (INS) regulations require that applicants seeking an exception from the English and U.S. history and government (civics) requirements for naturalization based on physical or developmental disability or mental impairment submit this certification form, completed by a licensed medical doctor or a licensed clinical psychologist, along with a completed application for naturalization ( Form N-400). This certification form will be used by the INS to determine whether applicants for naturalization are entitled to an exception to the requirements.

N-8 Visa

Parent of an Alien Classified SK-3 Special Immigrant.

N-9 Visa

Child of N-8 or of an SK-1, SK-2, or SK-4 Special Immigrant.

NACARA

Nicaraguan Adjustment and Central American Relief Act.

National

A person owing permanent allegiance to a state.

NATO Official

As a nonimmigrant class of admission, an alien coming temporarily to the United States as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO (North Atlantic Treaty Organization) , and the alien's spouse and unmarried minor (or dependent) children.

NATO-1 Visa

Principal Permanent Representative of Member State to NATO (including any of its Subsidiary Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, Assistant Secretary General, and Executive Secretary of NATO; Other Permanent NATO Officials of Similar Rank, or Immediate Family.

NATO-2 Visa

Other Representative of member state to NATO (including any of Subsidiary Bodies) including Representatives, its Advisers and Technical Experts of Delegations, Members of Immediate Art. 3, 4 UST 1796 Family; Dependents of Member of a Force Entering in Accordance with the Provisions Status-of-Forces Agreement or in Accordance with the provisions of the Protocol on the Status of International Military Headquarters; Members of Such a Force or Immediate Family if Issued Visas.

NATO-3 Visa

Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies) or Immediate Family.

NATO-4 Visa

Official of NATO (Other Than Those Classifiable as NATO-1) or Immediate Family.

NATO-5 Visa

Expert, Other Than NATO Officials Classifiable Under the NATO-4, Employed in Missions on Behalf of NATO, and their Dependents.

NATO-6 Visa

Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied Headquarters Under the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty; and their Dependents.

NATO-7 Visa

Attendant, Servant, or Personal Employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6 Classes, or Immediate Family.

Naturalization

The conferring, by any means, of citizenship upon a person after birth.

Naturalization Application

The form used by a lawful permanent resident to apply for US citizenship. The application is filed with the Immigration and Naturalization Service at the Service Center with jurisdiction over the applicant's place of residence.

Nonimmigrant

An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought.

The nonimmigrant classifications include: foreign government officials, visitors for business and for 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, fiance(e) of US citizens, intra-company transferees, NATO officials, religious workers, and some others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Nonimmigrant Visa

A nonimmigrant visa is given to someone who lives in another country and wishes to come temporarily to the United States for a specific purpose. Nonimmigrant visas are given to people such as tourists, business people, students, temporary workers, and diplomats.

Nonpreference Category

Nonpreference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Nonpreference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 nonpreference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Aliens born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special nonpreference visas.

North American

Free-Trade Agreement

(NAFTA)

Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.

Numerical Limit, Exempt from

Those aliens accorded lawful permanent residence who are exempt from the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt categories include immediate relatives of US citizens, refugees, asylees (limited to 10,000 per year by section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina.

Nursing Relief Act of 1989

Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.

O-1 Visa

Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics.

O-2 Visa

Accompanying Alien.

O-3 Visa

Spouse or Child of O-1 or O-2.

Occupation

For an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last legal residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued.

Orphan

The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States.

A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child's having a stepfather) and as long as the child's biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child's having a stepfather or stepmother).

In order to qualify as an immediate relative, the orphan must be under the age of sixteen at the time a petition is filed on his or her behalf. To enter the United States, an orphan must have been adopted abroad by a U.S. citizen (and spouse, if married) or be coming to the United States for adoption by a citizen.

Note: Prospective adoptive parents should be sure that a child fits the definition of "orphan" before adopting a child from another country, because not all children adopted abroad meet the definition of "orphan," and therefore may not be eligible to immigrate to the United States.

Out of Wedlock (born out of wedlock)

A child born of parents who were not legally married to each other at that time.

Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated.

P-1 Visa

Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group.

P-2 Visa

Artist or Entertainer in a Reciprocal Exchange Program.

P-3 Visa

Artist or Entertainer in a Culturally Unique Program.

P-4 Visa

Spouse or Child of P-1, P-2, or P-3.

Panama Canal Act Immigrants

Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the US Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year.

Parolee

A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:

1) Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.

2) Advance parole: authorized at an INS District office in advance of alien's arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.

3) Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.

4) Humanitarian parole: authorized at INS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.

5) Significant Public Benefit Parole: authorized at INS headquarters for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings.

6) Overseas parole: authorized at an INS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens the INS has processed through overseas parole have arrived under special legislation or international migration agreements.

Per-Country Limit

The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.

Permanent Resident Alien

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by the Immigration and Naturalization Service in the United States.

Petition

A petition, for immigration purposes, is a formal request made to the INS to legally recognize a foreign national as qualified for a Green Card or a nonimmigrant visa category.

Petitioner

Petitioner is a person or business who makes the formal request that the foreign national be legally recognized as qualified for a Green Card or nonimmigrant visa category. For family based petitions, the petitioning relative must be a U.S. citizen or a Green Card holder. For employment based petitions, the petitioner must be a U.S. employer.

Port of Entry

Any location in the United States or its territories that is designated as a point of entry for aliens and US citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.

Preference Categories

The categories among which the family-sponsored and employment-based immigrant preference visas are distributed are:

1. The family-sponsored preferences are:

a) Unmarried sons and daughters of U.S. citizens

b) Spouses, children, and unmarried sons and daughters of

permanent resident aliens

c) Married sons and daughters of U.S. citizens

d) Brothers and sisters of U.S. citizens

2. The employment-based preferences are:

a) Priority workers (persons of extraordinary ability, outstanding

professors and researchers, and certain multinational

executives and managers)

b) Professionals with advanced degrees or aliens with

exceptional ability

c) Skilled workers, professionals (without advanced degrees),

and needed unskilled workers

d) Special immigrants

e) Employment creation immigrants (investors)

Preference Relatives

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the INS. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

o First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

o Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

o Third Preference: Married sons and daughters of U.S. citizens.

o Fourth Preference: Brothers and sisters of adult U.S. citizens.

Preference System (Immigration Act of 1990)

The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of US citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of US citizens; 4) brothers and sisters of US citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).

Preference System (prior to fiscal year 1992)

The six categories among which 270,000 immigrant visa numbers were distributed each year during the period 1981-91. This preference system was amended by the Immigration Act of 1990, effective fiscal year 1992. (see Preference System - Immigration Act of 1990). The six categories were: 1) unmarried sons and daughters (over 21 years of age) of US citizens (20 percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); 4) married sons and daughters of US citizens (10 percent); 5) brothers and sisters of US citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent). A nonpreference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, had no numbers available beginning in September 1978.

Pre-inspection

Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of INS Form I-94 for nonimmigrant aliens.

Principal Alien

The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).

Priority Date

In the INS Immigrant visa petition application process, the priority date is the date the petition was filed. If the alien relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa.

PWR2-Virginia

Prevailing Wage Request Form - H-1B Nonimmigrants.

PWR-Arizona

Prevailing Wage Request Form - Arizona.

PWR-California

Prevailing Wage Request Form - California.

PWR-Florida

Prevailing Wage Request Form - Florida.

PWR-Illinois

Prevailing Wage Request Form - Illinois.

PWR-Maryland

Prevailing Wage Request Form - Maryland.

PWR-Massachusetts

Prevailing Wage Request Form - Massachusetts.

PWR-New York

Prevailing Wage Request Form - New York.

PWR-Texas

Prevailing Wage Request Form - Texas.

PWR-Virginia

Prevailing Wage Request Form - Alien Employment Certification.

Q-1 Visa

Participant in an International Cultural Exchange Program.

Q-2 Visa

Irish Peace Process Program Participant.

Q-3 Visa

Spouse or child of Q-2.

Qualifying Relative

Qualifying relative is a general term for a sponsor and may include the intending immigrant's: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in- law, sister-in-law, brother-in-law, grandparent, or grandchild.

R-1 Visa

Alien in a Religious Occupation.

R-2 Visa

Spouse or Child of R-1.

Refugee

Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

Refugee Approvals

The number of refugees approved for admission to the United States during a fiscal year. Immigration and Naturalization Service officers in overseas offices make refugee approvals.

Refugee Arrivals

The number of refugees the Immigration and Naturalization Service initially admits to the United States through ports of entry during a fiscal year.

Refugee Authorized Admissions

The maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines the annual figure after consultations with Congress.

Refugee-Parolee

A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted the Attorney General.

Regional Offices

The three INS Regional Offices that supervise the work of INS Districts and Border Patrol Sectors. The Regional Directors report to the Executive Associate Commissioner for Field Operations in INS Headquarters, Washington, DC. The three Regional Offices are located in (Eastern Region) Burlington, VT, (Central Region) Dallas, TX, and (Western Region) Laguna Nigel, CA.

Registry Date

Aliens who have continuously resided in the United States since January 1, 1972, are of good moral character, and are not inadmissible, are eligible to adjust to legal permanent resident status under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date, aliens had to have been in the country continuously since June 30, 1948, to qualify.

Removal

The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.

Resettlement

Permanent relocation of refugees in a place outside their country of origin to allow them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.

S-5 Visa

Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise.

S-6 Visa

Certain Aliens Supplying Critical Information Relating to Terrorism.

S-7 Visa

Qualified Family Member of S-5 or S-6.

Safe Haven

Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.

Service Centers

Five offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits. The applications are mailed to INS Service Centers -- Service Centers are not staffed to receive walk-in applications or questions.

Special Agricultural Workers (SAW)

Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status. Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens who performed labor in perishable agricultural commodities for at least 90 days during the year ending May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1, 1989 and those in Group II were eligible one year later on December 1, 1990.

Special Immigrants

Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the US Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the US Armed Forces, their spouses and children.

Special Naturalization Provisions

Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of US citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a US citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of US citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former US citizens, servicemen, seamen, and employees of organizations promoting US interests abroad.

Sponsor

The word sponsor does not appear anywhere in the U.S. immigration laws. When people refer to a sponsor for immigration purposes, they usually mean a petitioner. A sponsor can be a U.S. citizen, U.S. permanent resident or U.S. employer who undertakes to bring an immigrant legally into the U.S. Close U.S. relative or U.S. employers who need your services in their businesses are the only ones with the legal ability to act as sponsors. When they do so, they are called petitioners. Years ago, any willing U.S. citizen could bring any foreigner into the U.S. simply by vouching for his or her character and guaranteeing his or her financial support. Under the present U.S. Immigration laws, this type of sponsorship is no longer possible.

SS-5

Application for a Social Security Card.

SS-5SP

Solicitud Para una Tarjeta de Seguro Social.

Stateless

Having no nationality.

Status

When a foreign national enters the U.S., they acquire a status. This term refers to the condition of legal presence within the U.S.

Stowaway

An alien coming to the United States surreptitiously on an airplane or vessel without legal status of admission. Such an alien is subject to denial of formal admission and return to the point of embarkation by the transportation carrier.

Student

As a nonimmigrant class of admission, an alien coming temporarily to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.

Subject to the Numerical Limit

Categories of legal immigrants subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences, employment-based preferences, and diversity immigrants.

Sub offices

Offices found in some Districts that serve a portion of the District's jurisdiction. A Sub-office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS' customers.

T-1 Visa

Victims of trafficking such as sex trade or forced labor.

T-2 Visa

Spouses of T1 visa holders.

T-3 Visa

Children of T1 visa holders.

T-4 Visa

Parents of T1 visa holders.

TD Visa

Spouse or Child of NAFTA Professional.

Temporary Protected Status

(TPS) Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation. Removal proceedings are suspended against aliens while they are in Temporary Protected Status.

Temporary Resident

An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought.

The nonimmigrant classifications include: foreign government officials, visitors for business and for 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, fiance(e) of US citizens, intra-company transferees, NATO officials, religious workers, and some others. Most non-immigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Temporary Worker

An alien coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised existing classes and created new classes of nonimmigrant admission. Nonimmigrant temporary worker classes of admission are as follows:

1) H-1A - registered nurses (valid from 10/1/1990 through 9/30/1995);

2) H-1B - workers with "specialty occupations" admitted on the basis of professional education, skills, and/or equivalent experience;

3) H-1C - registered nurses to work in areas with a shortage of health professionals under the Nursing Relief for Disadvantaged Areas Act of 1999;

4) H-2A - temporary agricultural workers coming to the United States to perform agricultural services or labor of a temporary or seasonal nature when authorized workers are unavailable in the United States;

5) H-2B - temporary non-agricultural workers coming to the United States to perform temporary services or labor if unemployed persons capable of performing the service or labor cannot be found in the United States;

6) H-3 - aliens coming temporarily to the United States as trainees, other than to receive graduate medical education or training;

7) O-1, O-2, O-3 - temporary workers with extraordinary ability or achievement in the sciences, arts, education, business, or athletics; those entering solely for the purpose of accompanying and assisting such workers; and their spouses and children;

8) P-1, P-2, P-3, P-4 - athletes and entertainers at an internationally recognized level of performance; artists and entertainers under a reciprocal exchange program; artists and entertainers under a program that is "culturally unique"; and their spouses and children;

9) Q-1, Q-2, Q-3 - participants in international cultural exchange programs; participants in the Irish Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process participants;

10) R-1, R-2 - temporary workers to perform work in religious occupations and their spouses and children.

TN Visa

NAFTA Professional.

Transit Alien An alien in immediate and continuous transit through the United States, with or without a visa, including,

1) aliens who qualify as persons entitled to pass in transit to and from the United Nations Headquarters District and foreign countries and

2) foreign government officials and their spouses and unmarried minor (or dependent) children in transit.

Transit Without Visa (TWOV)

A transit alien traveling without a nonimmigrant visa under section 233 of the INA. An alien admitted under agreements with a transportation line, which guarantees his immediate and continuous passage to a foreign destination.

Transition Quarter

The three-month period July 1 through September 30, 1976 between fiscal year 1976 and fiscal year 1977. At that time, the fiscal year definition shifted from July 1-June 30 to October 1-September 30.

Treaty Trader or Investor

As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children.

U.S. Citizenship and Immigration Services (USCIS)

The U.S. Citizenship and Immigration Services (USCIS) is a part of the Department of Homeland Security. On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) under Bureau of Citizenship and Immigration Services (BCIS), presently known as U.S. Citizenship & Immigration Services (USCIS).

In support of the DHS overall mission, the priorities of the USCIS are to:

promote national security

continue to eliminate immigration case backlogs, and

improve customer services.

Created as a separate bureau by the Homeland Security Act of 2002, USCIS allows the DHS to improve the administration of benefits and immigration services for applicants by exclusively focusing on immigration and citizenship services.

U.S. Embassies

U.S. Embassies are agencies representing the U.S. Government and its interests in foreign countries. Most U.S. embassies accept and process non-immigrant visas and green card applications.

U.S. Consulates

U.S. consulates are diplomatic posts maintained by the U.S. in foreign countries. Consular officers accept and process non-immigrant visas and green card applications.

U-1 Visa

Victims of crime such as rape, domestic abuse or torture.

U-2 Visa

Spouses of U1 visa holders.

U-3 Visa

Children of U1 visa holders.

U-4 Visa

Parents of U1 visa holders.

Underrepresented Countries

The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/88) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than 25 percent of the maximum allowed under the country limitations (20,000 for independent countries and 5,000 for dependencies) in fiscal year 1988.

United States-Canada Free-Trade Agreement

Public Law 100-449 (Act of 9/28/88) established a special, reciprocal trading relationship between the United States and Canada. It provided two new classes of nonimmigrant admission for temporary visitors to the United States-Canadian citizen business persons and their spouses and unmarried minor children. Entry is facilitated for visitors seeking classification as visitors for business, treaty traders or investors, intracompany transferees, or other business people engaging in activities at a professional level.

Such visitors are not required to obtain nonimmigrant visas, prior petitions, labor certifications, or prior approval but must satisfy the inspecting officer they are seeking entry to engage in activities at a professional level and that they are so qualified. The United States-Canada Free-Trade Agreement was superseded by the North American Free-Trade Agreement (NAFTA) as of 1/1/94.

V-1 Visa

Spouses of Green Card holders waiting at least 3 years to immigrate.

V-2 Visa

Children of Green Card holders waiting at least 3 years to immigrate.

V-3 Visa

Children of V-1 or V-2 visa holders.

Victims of Trafficking and Violence Protection Act of 2000

Public Law 106-386 (Act of 10/28/2000), enacted to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, and to reauthorize certain Federal programs to prevent violence against immigrant women and children. Created nonimmigrant classes of admission allowing temporary status to individuals (and spouses, children, and parents) in the United States who are or have been victims of a severe form of trafficking or who have suffered substantial physical or mental abuse as victims of criminal activity. Afforded the same immigrant benefits as refugees, with allowance for adjustment to permanent resident status.

Visa

A visa is a permit to apply to enter the United States. If needed, it is normally obtained at an American embassy or consulate outside the United States. It classifies the visit as business, tourism, etc. and is usually valid for multiple visits to the U.S. during a specified period of time.

Visa Waiver Program

The program allows citizens of certain selected countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas. The Visa Waiver Program was made permanent in 2000.

Voluntary Departure

The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

Withdrawal

An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.

Worldwide Ceiling

The limit imposed on the number of Green Cards issued worldwide in a fiscal year.

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