Glossary – IACO

This glossary is designed to help you better understand the terms used in the immigration process. These terms do not replace the definitions of laws, regulations or other definitions established by law or by the official policies and interpretations of law of the Department of Homeland Security.

Adjudicate: when an Immigration officer decides to accept or reject an application.

Admission: when a foreigner submits to inspection by an immigration official at a border post or airport.

Parole: This is generally granted for humanitarian reasons to a foreigner who is outside the United States, or to a foreigner who is already in the country and wishes to travel abroad but is still awaiting approval for a change of status.

Humanitarian parole: This is assigned to people who need to enter the country for health reasons, or it is also used to avoid separating parents from their children when the number of visas has already run out.

Deferred admission: formerly known as deferred inspection. It occurs when an immigrant or prospective lawful permanent resident has difficulty re-entering the United States and must appear before the local immigration office to clarify their immigration status.

Amnesty (AMNESTY): a limited-time benefit granted to undocumented immigrants so they can change their immigration status and obtain a green card if they prove they have resided in the country before a certain date.

Late amnesty: a benefit given to illegal aliens who did not file their amnesty application before the deadline set in 1988 and are part of several class action lawsuits against the Immigration and Citizenship Service.

Administrative appeal: An appeal filed with the local Immigration office, directed to the Washington Administrative Appeals Unit, within thirty days of the date of rejection of a petition.

Asylee: An alien in the United States or at a port of entry who is unable or unwilling to return to their country of origin or seek protection there because of persecution or a well-founded fear of persecution. The persecution or fear of persecution must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion.

Asylum: proof that one has the right to remain in the country due to a well-founded fear of persecution based on political opinion, religion, gender, nationality, or membership in a particular social group. A well-founded fear of persecution is considered to represent a 10% probability of suffering serious harm.

Individual hearing: a type of pre-immigration court hearing in which the appearing alien presents his or her case for a period of one to three hours.

Self-petition: circumstances in which a foreigner with extraordinary professional skills finds himself; an abused spouse or the widow or widower of a United States citizen who was married to such citizen for a minimum of two years.

Fingerprint clearance: Mandatory verification of fingerprints by comparing them to FBI computer records prior to the change of immigration status. Fingerprints must be taken within the fifteen months prior to the date of the change of immigration status. Otherwise, they will "expire" and must be taken again.

Beneficiary: The nonresident alien who would benefit from the petition filed on his or her behalf by a family member who is a U.S. citizen or a resident cardholder, or by a company that makes him or her a job offer.

Derivative beneficiary: a person who obtains immigration status through a visa application not based on their own qualifications but on their relationship with the main beneficiary, such as a child applying for a visa through their parent, or a spouse through their husband/wife.

Principal beneficiary: the main beneficiary of a visa application, as opposed to a derivative beneficiary.

Visa Bulletin : Information that the Department of State updates monthly indicating the preferential visa categories and available priority dates.

Expungement: a criminal record in which a person's name has been removed from the records of a particular state.

Curricular practical training: A program that allows students to accept paid alternative work or study, internships, cooperative education, or any other type of required internship offered by employers through cooperative agreements with the educational institution.

Change of office: Petition by the applicant or motion filed by the defendant, to change the jurisdiction of the Immigration and Citizenship Service office or the Immigration Court due to a change of address.

Cancellation of removal: a procedure that can be used by a person who appears before the Immigration Court and can demonstrate that they have lived in the United States for ten years, that they are a person of good moral character, and that if they were deported, one of their U.S. citizen parents, spouse, or children would suffer “unusually extreme hardship.”

Bag and baggage letter (or “run” letter): a circular sent by the Deportation Office instructing a non-resident alien to appear at the office on a certain date, with their baggage, to be deported.

Expedited case: cases of change of immigration status that require urgent processing, such as diversity visas, applications for children about to turn 21 years old, petitions for health reasons or other urgent reasons.

Preferential visa category: non-direct relative, whose petition, therefore, requires a waiting period between the I-130 application and the application for change of immigration status.

CBP: Acronym for U.S. Customs and Border Protection, an agency belonging to the Department of Homeland Security.

Labor certification: A certification from the Department of Labor required of U.S. employers who wish to hire individuals and have them immigrate to the United States because of their job skills, or who wish to hire temporary nonimmigrant workers to enter the country to provide services because there are no qualified U.S. workers available for that job. The labor certification is issued by the Department of Labor and includes testimonials from U.S. employers regarding the number of U.S. workers available to fill the requested position and the effect that hiring a foreign worker would have on the wages and working conditions of U.S. workers in similar jobs. The determination of labor availability in the United States is made at the time of the visa application and at the location where the applicant intends to work.

Certificate of Eligibility for Nonimmigrant Students (F-1), for Academic or Language Institutions (Form I-20): A document controlled by the Department of Homeland Security that is required to support an application for a student visa (F-1 or M-1) prepared by the educational institution, which can only be obtained through the Student and Exchange Visitor Information System (SEVIS).

Certificate of Eligibility for Exchange Visitors (J-1) (Form DS-2019): A State Department controlled document required to support an exchange visitor visa (J-1) application prepared by the program sponsor, which can only be obtained through the Student and Exchange Visitor Information System (SEVIS).

CFR: English acronym for the Code of Federal Regulations.

Fingerprint center (application support center [ASC]): office where applicants' fingerprints are taken.

Service Center: The centers where petitions and applicants submitted by people living in states under its jurisdiction are processed.

National Visa Center (NVC): A Department of State office located in New Hampshire, where approved visa petitions are held until they are available according to their priority date.

Labor certification: One of the requirements for some employment-based applications is the submission of an approved labor certification. This is a genuine job offer for U.S. workers, conducted under the supervision of a state employment agency, to establish that no U.S. worker is prepared, willing, trained, and qualified to fill the job being offered to a foreign national.

Certificate of Citizenship: A document issued in lieu of a naturalization certificate for children of U.S. citizens born abroad, children adopted by U.S. citizens, or children of parents who have acquired U.S. citizenship. It is typically granted to those who are eligible for citizenship without having previously been permanent residents.

Naturalization certificate: a document issued as proof of having become a citizen of the United States by naturalization.

Administrative closure: a case that has not been rejected but is no longer pending.

Notice to appear: a document ordering a person to appear before the immigration court.

Citizen : a person born in the United States, a person born outside the United States to U.S. parents, or a person who has become naturalized or obtained a certificate of citizenship.

Classification: A short code that appears on the resident card and the approval notice. It is the basis on which permanent resident status is granted.

Clemency under section 212(c) relief: case in which a lawful permanent resident who has committed crimes with infamous conduct but has not committed major aggravated crimes, may request suspension of his removal by demonstrating the existence of certain positive factors in his favor.

Code of Federal Regulations: A codification of rules published in the Federal Register by departments and executive agencies of the federal government. See also “Regulations.”

Equal Employment Opportunity Commission (EEOC): An agency that enforces federal laws prohibiting discrimination against job applicants or employees because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Hiring: The actual start of an employee's performance of duties for wages or other remuneration.

Change of immigration status: an application made by filing Form I-539 in the United States to request a change from nonimmigrant status to another immigration status.

Code of Federal Regulations (CFR): a detailed, multi-volume interpretation of federal laws, including immigration laws.

Respondent: Name given to a foreigner subject to removal proceedings before the immigration court, similar to the defendant in a criminal trial.

Conviction : a decision regarding a court case in which it is determined that a person violated the law and the corresponding sentence was issued.

Consulate : An office of the U.S. Department of State that is a branch of the main U.S. embassy in a large country. This office is responsible for issuing immigrant and nonimmigrant visas to foreign applicants seeking entry to the United States. The consulate may also make decisions regarding U.S. citizenship.

Aggravated felony: In the context of immigration, any type of felony or crime listed in section 101(a)(43) of the Immigration Act, which includes numerous nonviolent offenses and misdemeanors.

Department of Justice: A department within the Executive Branch of the United States government that has the primary responsibilities of enforcing the laws and defending the interests of the United States in accordance with the law; ensuring public safety from domestic and foreign threats; providing federal leadership to control and prevent crime; seeking just punishment for those guilty of illegal conduct; and ensuring the fair and impartial administration of justice for all Americans.

Department of Homeland Security: A department belonging to the Executive Branch of the United States government that is in charge of the country's security: taking precautionary measures against terrorism and managing critical infrastructure risks; providing security and administering borders; administering and enforcing immigration laws; providing protection and security to cyberspace; and ensuring disaster recovery capabilities.

Department of Labor: A department within the executive branch of the United States government that fosters and promotes the well-being of job seekers, wage earners, and retirees in the United States by improving working conditions, promoting opportunities for gainful employment, protecting retirement and health care benefits, assisting employers in finding workers, strengthening collective bargaining, and monitoring changes in employment, prices, and other national economic measures. To accomplish this mission, the department administers a variety of federal labor laws, including those that guarantee workers' rights to safe and healthy working conditions; a minimum hourly wage and overtime pay; employment free from discrimination; unemployment insurance; and other income support.

Deportable (deportable): occurs when a person is arrested by a deportation officer and sent back to their country of origin, usually in compliance with a deportation or removal order issued by an Immigration Court.

DHS: Acronym for the Department of Homeland Security.

Disabilities (employees or disabled persons): Persons with mental or physical disabilities that significantly limit one or more of their major daily activities, who have a medical history of such disabilities, or who are considered to have such disabilities.

District Director (DD): The chief immigration officer in a given district, which may include several states. The DD has considerable discretion and power regarding certain types of applications, such as humanitarian admission or extensions of the deadline for voluntary departure.

Discrimination: Unfair treatment due to race, color, religion, sex (including pregnancy), citizenship or immigration status, national origin, disability, age (40 years or older) or genetic information in the workplace, or other characteristic or activity protected by law.

I- 212 waiver: form required to avoid the consequences of an expulsion or deportation order.

Employment authorization document (EAD): A photo identification card issued by Immigration, which proves the holder's authorization to work in the United States.

Arrival/Departure Document (I-94): See Form I-94.

Refugee travel document : a blue passport that replaces the passport of one's country of origin and is intended solely for refugees and asylum seekers. It cannot be used as a re-entry permit. It serves as an advance return permit for refugees and asylum seekers.

Eligible under Article 245(I) ELIGIBLE): case in which an eligible person may apply for the “I-485 A Supplement” visa, pay the $1000 penalty and change their immigration status.

Removal of conditions: process through which the foreigner submits the appropriate form and supporting documentation to a service center, demonstrating that their marriage is legitimate or that they have met the stipulated investment requirements.

Temporary Protected Status (TPS): a status granted to foreign nationals from certain countries affected by war, famine, or natural disasters so that they can work and obtain a Social Security number.

E-Verify: an internet-based system that compares an employee's Form I-9 information with Department of Homeland Security data and Social Security Administration records to confirm employment authorization.

Medical Examination: An examination performed by a physician approved by Immigration or the Department of State and who completes a special form that is required prior to changing immigration status or obtaining an immigrant visa at an embassy or consulate.

Exclusion (exclusion): occurs when a legal permanent resident with a criminal record attempts to re-enter the country and is not allowed entry.

Removable : An illegal alien or legal permanent resident who has violated immigration laws by committing certain criminal or fraudulent acts and is subject to removal or deportation.

Cap-gap extension: Allows international students seeking to change to H-1B status to extend their status and employment authorization until September 30 of the calendar year for which the H-1B petition is filed, but only if the employment start date under H-1B status begins on or after October 1. The extension is automatically canceled if the petition is rejected, denied, or revoked.

Extension of immigration status (EOS): cases in which an extension of the duration of the same type of nonimmigrant visa is requested.

Undocumented alien: A person who lives in the United States without immigration status or who entered the country without inspection.

Resident alien : a permanent resident or a person who has been granted an extension of their nonimmigrant visa, but not a tourist visa.

Immediate relative: spouse, parent, or child (under 21 years of age) of a U.S. citizen. Adopted children must be adopted before the age of 16, and stepchildren before the age of 18.

Cut-off date: The date in the monthly chart of the Department of State's Visa Bulletin. Applicants whose priority date is earlier than the cut-off date are eligible to apply for permanent residence.

Priority date: The date used to determine when a beneficiary of an immigrant visa petition may apply for a change of immigration status.

Trial attorney: prosecutor who represents Immigration as the accuser.

Asylum officer: Immigration employee in charge of the initial administrative interview regarding an asylum application.

G-28: Attorney Appearance Form. This blue form must accompany every immigration application so that an attorney can be officially registered and copies of correspondence can be sent to them.

G-325 A: Detailed Biographical Data Form required for applications for change of immigration status and other petitions. One copy is sent to the embassy of the applicant's country of origin, and another is sent to the CIA for record checks. It is required for all applicants for change of immigration status who are fourteen years of age or older.

Sponsor: a person or company that submits an application on behalf of a family member or employee, or a joint guarantor that submits a maintenance guarantee.

Affidavit: any type of document written by the applicant or by a third party, providing support to the applicant and signed in the presence of a notary public.

Affidavit of Support: A form required for change of immigration status cases in which a U.S. citizen agrees to reimburse the government for expenses incurred if the person whose change of immigration status is approved receives federal benefits within ten years of the change.

I-130: Form for petition for visa based on an immediate family member category or preference categories.

I-I40: Application form for a visa based on employment-based preference category.

I-20: Form issued by a school or educational institution when a foreign student has enrolled or paid tuition.

I-485 Supplement A: This form is submitted by individuals eligible for a "mini" amnesty. It can only be filed during certain periods, and applicants must be eligible. It is required for individuals who entered the country without documentation or who lack legal immigration status and are requesting a change of immigration status through a preferential visa petition.

I-485: Form to request a change of immigration status.

I-551: another name for the resident card.

I-765: Application for a work permit.

I-797: It is also known as a notice of receipt or notification of approval of a decision issued by a service center, regarding an application for an immigrant or nonimmigrant visa.

I-864: See maintenance warranty.

I-94: A small white card attached to the passport upon admission to the United States on a nonimmigrant visa. It contains the expiration date of the nonimmigrant visa.

Inadmissible: any of a certain group of causes—such as criminal or delinquent acts or health problems—that make a foreigner inadmissible to the United States.

Entered without inspection: a person who enters the United States by crossing the border from Mexico or Canada without submitting to inspection by an immigration official.

Immigrant: a person who has been granted the status of legal permanent resident.

Inspection: A brief interview by an immigration officer at an airport, border, or on board a ship. The officer will verify that all documents are in order. The immigration officer may admit the person, return them to their country of origin, or decide to apply deferred admission provisions.

Immigration judge (IJ): an administrative law judge who is also an employee of the Department of Justice.

Board of Immigration Appeals (BIA): the highest administrative court responsible for making the final decision on immigration matters. It is also responsible for certifying certain organizations to provide immigration services.

The Immigration and Nationality Act of 1952 (INA): the starting point for current immigration law. All immigration laws passed since then are amendments to the INA.

Freedom of Information Act (FOIA): a law that allows any person to obtain a copy of their file held by a government agency, such as Immigration, for example.

Visa lottery: See diversity visa.

Mandamus (mandamus): a petition filed in federal court to have a federal judge order Immigration to take a certain action.

Motion: any type of written request, usually filed with the Immigration Court or also with an Immigration service office or center, requesting the relevant agency to make a certain formal decision.

Motion to reopen: A common motion intended to declare a previously denied benefit pending again, in order to obtain that benefit. Limitations may be imposed on the number of motions, the date on which they may be filed, and the grounds for reopening a case.

Adjustment of status: the process by which permanent resident status is acquired. Since the applicant already has a previous immigration status, the adjustment of status is said to grant the applicant permanent residence.

NACARA (Central American Migrant Assistance and Change of Status Act): a law that allows certain people from Eastern Europe and the Soviet bloc countries who entered the country before 1991 and who at that time applied for asylum to request a suspension of deportation.

Nationality: in terms of immigration, it generally means the same as citizenship.

Naturalization: the process by which a resident card holder becomes a citizen of the United States by applying using form N-400.

Approval notice: A notification from a service center indicating that a request has been approved.

Notice of intent to deny: This is issued for either an I-130 petition or an asylum application (in cases where the applicant has valid nonimmigrant status) to give the applicant an opportunity to contest the denial and submit additional documents as evidence.

The “A” number may be the alien number, file number, resident card number, or case number (especially in immigration court). It refers to the file number that Immigration assigns sequentially to an alien who has applied for a change of immigration status or who has been detained. It is the alien's permanent file number, the number that, if approved, appears on the work permit, resident card, or naturalization certificate. This number must appear on all correspondence and applications submitted to the INS.

Receipt number: The case number assigned to a request by a service center. The receipt number includes the first three letters of the service center and the year the request was submitted.

Final order of removal (deportation): An order to send a person out of the U.S. issued by an immigration judge and against which no appeals have been filed within 30 days.

Blue passport: See Refugee travel document.

Extreme hardship: a legal criterion for various types of waivers to justify unlawful presence in the country or entry with a false passport. The extreme hardship must involve a U.S. citizen relative.

Waiver: generally one of several forms, such as I-212, I-601, I-612, used to forgive the consequences of certain inadmissibility circumstances, such as entering the country with a false passport or with a criminal record.

Visa waiver: The opportunity to enter the United States without a visa for travelers from a list of approximately 20 countries whose citizens have a reputation for respecting U.S. immigration laws.

Unlawful presence: The period of time that a foreign national lives in the United States illegally or without immigration status, beginning on April 1, 1997.

Advance parole: Issued by a local office or service center, depending on where the application for a change of immigration status was filed. It is permission to return to the United States early to continue processing an application for a change of immigration status.

Re-entry permit: often called a white passport. A document that allows a foreigner to leave the country for more than one year and up to two years without losing their permanent resident status.

Work permit: see employment authorization document.

Petitioner: The United States citizen or lawful permanent resident or a U.S. corporation that files a petition on behalf of a foreign beneficiary of an immigrant or nonimmigrant visa.

Call-up date: This is used in Immigration Court to indicate when motions or relevant documents must be filed with the court. It is generally ten to fourteen days before the hearing.

Stowaway: a person who has entered the country illegally by traveling on a train, bus, ship or other commercial means of transport for which a fare should have been paid.

Removal proceedings: A person who is subject to "proceedings" is subject to the immigration court's decision on whether to remove or deport them.

Stay of deportation: A request made by completing Form I-246 and submitting it to the Office of Deportation to request a postponement of the deportation date due to extenuating circumstances.

Reduction in recruitment (RIR): a relatively new form of labour certification in which the company has already attempted to recruit a qualified worker and therefore does not need to make a Department of Labour-supervised search and recruitment attempt.

Record of proceedings (rop): The formal name given to the court record in an immigration court and the record under which the immigration judge makes a decision.

Regulations: See Code of Federal Regulations or Foreign Affairs Manual.

Conditional resident: a person who has obtained conditional permanent residence by being married to a citizen of the United States (who has been married for less than two years at the date of the change in immigration status) or through a qualifying investment.

Legal permanent resident (LPR): The most accurate term to refer to a person whose immigration status has changed through an immigrant visa.

Temporary resident alien: the correct term to refer to a person who has managed to pass the initial stage of the legalization process, after the 1986 amnesty.

Prevailing wage: a term used in an H-1B or labor certification application, and it means that the wage offered must be at least 95% of the average wage of people who hold that type of position in the corresponding locality or state.

Voluntary departure: granted by an immigration judge, in those cases in which the foreigner agrees to leave the United States at his own expense before a certain date, instead of being deported and suffering the consequences of a deportation order.

Examination section (examination sections or exams): characteristic name of the Immigration section that interviews those who have filed applications for change of immigration status.

U.S. Citizenship and Immigration Services (USCIS): The branch of the Department of Justice responsible for enforcing immigration laws within the United States and making decisions regarding the eligibility of applicants for immigration status and those seeking U.S. citizenship.

Without valid immigration status (out of status): for staying after the period authorized by the I-94; or those cases in which the person has violated the conditions of the visa, for example, performing a job without authorization to do so.

Principal applicant: The applicant who files an application for change of immigration status or asylum.

Request for Evidence (RFE): A document issued by an Immigration service office or center, requesting evidence or additional information to prove the validity of a foreigner's viewpoint.

Suspension of expulsion: requires demonstrating that it is highly likely that the foreigner is a victim of persecution for his political opinions, religion, gender, nationality or membership in a particular social group.

Immigrant visa (immigrant visa [IV]): used when applying for permanent residence in the United States at an embassy or consulate.

Nonimmigrant visa (nonimmigrant visa [NIV]): any of the various types of visas that allow you to stay in the United States for a temporary period of time for a specific purpose.

H-1B visa: the most requested temporary nonimmigrant visa, issued for a maximum of six years. It is valid for most professional positions, and a job offer is required before applying.

Diversity Visa: Also known as the visa lottery, visa drawing, or simply the lottery or drawing. A drawing for 50,000 green cards organized by the Department of State.