We have put together a short guide to basic immigration terms and their legal definitions so you can follow the conversation: Alien: According to the USCIS, United States Citizenship and Immigration Services, an alien is any person who is not a citizen or national of the … Back to Top. In order for adopted children to benefit from immigration remedies, they must have been adopted prior to their 16th birthday and have been residing with and in the legal custody of the adoptive parents for at least two years. They provide educational materials and legal services to help immigrants navigate the immigration system. Attendant, servant, or personal employee of an accredited official. USCIS’ review of a petition or application to determine if a petitioner or applicant is eligible for that immigration benefit . Pub. The Immigration Law glossary gives you access to definitions for the Immigration legal terminology commonly used in documents and court proceedings. Back to Top. Prosecutorial discretion Whether there is a risk of harm to society if the foreign national is allowed into the US, 2. Deferred Action for Childhood Arrivals (DACA) Requestors may file this form only when the individual has received deferred action by USCIS or ICE. 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. For an H-1B, the employer is the petitioner, and they are required to make filings with the Department of Labor and then with USCIS. IMMIGRATION. 245(a) is especially useful for immediate relatives (spouses, children or parents of U.S. Citizens) because it allows them to apply for permanent residency without leaving the U.S. through a process called “adjustment of status.” Back to Top. The term “illegal immigrant” stereotypes undocumented persons who are in the United States and suggests that they have all committed crimes. Most individuals are sponsored by a family member or employer in the United States. Back to Top. Back to Top. Grounds of inadmissibility The manner in which a person not born in the United States voluntarily becomes a U.S. citizen. An H-1B nonimmigrant visa is a temporary visa for professional workers in specialty occupations that normally require a bachelor’s degree or equivalent as a minimum requirement. However, if your priority date is on or later than the cut-off date, you will need to wait until your priority date is reached (becomes current).Â. Provisional waiver I-601A Both of these bars are triggered on the day the foreign national leaves the U.S. A “derivative beneficiary” is an immediate family member of the principal beneficiary who may be eligible to receive the same immigration status as the principal beneficiary based on their family relationship. This is someone who is authorized by the Department of Justice (DOJ)'s Office of Legal Access Programs (OLAP) to provide immigration services to the public. An abbreviation for the U.S. Department of Justice. Box 411512, San Francisco, CA 94141  |  Contact Info |  Copyright © 2020  |  Site Credits, Administrative closure of removal proceedings, Cancellation of Removal for non-lawful permanent resident, Driver’s license without a social security number, Executive Office of Immigration Review (EOIR), Green card or lawful permanent resident card, H-1B nonimmigrant visa (temporary employment), H-4 nonimmigrant visa (derivative of H-1B nonimmigrant visa), Haitian Refugee Immigration Fairness Act (HRIFA), Individual Taxpayer Identification (ITIN), US Citizenship and Immigration Services (USCIS). Back to Top. Back to Top. Its primary purpose is to track individuals for taxation purposes. Executive Office of Immigration Review (EOIR) You did not submit all the required evidence; The evidence you submitted is no longer valid; or. This is an noncitizen who applies for immigrant status and from whom another noncitizen may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children). Pro bono He or she can help obtain legal status from the Department of Homeland Security or represent in Immigration Court. Back to Top. Something that comes and goes in intervals. A person without U.S. citizenship or nationality (may include a stateless person). What is the definition of LEGAL IMMIGRATION? Back to Top. Back to Top. Back to Top. If the juvenile applies for this status and is successful, s/he may remain in the United States, work legally, qualify for in-state tuition at colleges, and in five years apply for United States Citizenship. 2) A body of laws and legal concepts derived from Roman law instead of English common law. Definition. This office protects U.S. citizens and employment-authorized individuals from employment discrimination based on citizenship, immigration status or national origin, with respect to hiring, firing and recruitment or referral for a fee, and discrimination during the employment verification process. L. 97-359 (Act of 10/22/82) allows certain Amerasian children to immigrate to the United States. It is available to foreign nationals who 1) have suffered substantial physical or mental abuse resulting from a wide range of criminal activity, and 2) have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. Individuals who are temporarily in the U.S. and eligible for an Employment Authorization Document (EAD), or more commonly referred to as a work permit, may file Form I-765 or I-688B. However, this type of sponsorship is not the first step in any immigration process. 4. We issue four types of travel documents: •    Advance parole;•    Refugee travel document;•    Re-entry permit; and •    Carrier documentation.Â. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL. Once received, the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Illegal immigration refers to the migration of people into a country in violation of the immigration laws of that country, or the continued residence without the legal right to live in that country. This occurs when more people apply for a visa in a particular category or country than there are visas available for that month. Legal Immigration. The Department of State has an annual Diversity Visa Lottery for immigration to the U.S. Up to 55,000 foreign nationals can enter the U.S. each year from countries with low rates of immigration to the U.S. A computer-generated, random lottery drawing chooses winners who can benefit from a Diversity Visa. An orphan under 16 years of age who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his or her behalf and is coming to the United States for adoption by a U.S. citizen. The US Citizenship and Immigration Services (USCIS) is a branch of the Department of Homeland Security (DHS). This numeration/category must be indicated on the I-765 work authorization form to identify whether the individual has an economic need to work. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. B-2 nonimmigrant visa (tourist) Back to Top.   The processes used to identify people based on their physical traits, including fingerprints, photograph and signature. The A-number is yours for life, much like a Social Security number. In family immigration, the priority date is the date when a person files a petition at a DHS office or submitted to a U.S. Embassy or Consulate abroad. A Notice to Appear is a document that summons a person to appear in court. A person who appears in a lawsuit to act for the benefit of an alien who is under the age of 16, or is incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. This means the immigrant visa case can now be processed. The term is generally used to describe legal work performed by lawyers without pay, often to help those without financial resources to pay for services, or to support social causes such as youth, battered women, or undocumented individuals.   The obligation of a party to establish a fact by presenting evidence in support of that fact.Â. The receipt number consists of three letters-for example, EAC, WAC, LIN, SRC, NBC, MSC or IOE-and 10 numbers. Back to Top. We may consider a child to be an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. Foreign nationals who are awarded a Diversity Visa, must be eligible to immigrate to the U.S. For the full list of eligible countries visit: http://travel.state.gov/. Back to Top. 3. Back to Top. Discretion that allows aliens who are already physically present in the U.S. without inspection or admission an opportunity to stay in U.S. for urgent humanitarian reasons or significant public benefit. The 212(d)(3) is a waiver under the Immigration and Nationality Act (INA) that allows foreign nationals to overcome many grounds of inadmissibility. This is an asylum application filed with an immigration judge during removal proceedings in immigration court as a defense against removal from the United States. There are five U.S. territories: American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. This discretion of the prosecuting attorney is called prosecutorial discretion. The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. Under current U.S. immigration law, entering the United States without inspection or overstaying a visa is not a crime; it is a civil violation. L. 96-70 (Act of 9/27/79): A medically trained, licensed and experienced doctor practicing overseas who is appointed by the local U.S. Embassy or Consulate. Class A Tuberculosis, Chancroid, Gonorrhea, Syphilis, Leprosy or any other communicable disease as determined by the U.S. Secretary of Health and Human Services). These include presidential proclamations, presidential directives, executive orders, and presidential memoranda. Crimmigration – In the past 30 years, there has been a convergence, a blurring of the lines between criminal defense and immigration law for immigrants charged with having committed crimes. The Executive Office of Immigration Reform (EOIR) is responsible for adjudicating immigration cases. The term is often used generally to refer to aliens residing in the United States, but its … The term “motion to suppress” typically encompasses motions in criminal cases where the proposed basis for exclusion arises from the United States Constitution, a state constitution, or a specific statute permitting the exclusion of certain types of evidence (for instance, a complaint that police procedures in a given case violated the defendant’s Fourth Amendment right to be free from unreasonable searches and seizures). An advance parole document is not issued to serve in place of any required passport. The purpose of an MTR with the Immigration Court or the Board of Immigration Appeals (BIA) is to have the court or the BIA review the case for either of the following reasons: There is new material evidence that was not available and could not have been discovered at the time of the hearing before the court or review by the BIA. This application can be filled out by an individual applying for Deferred Action for Childhood Arrivals, Temporary Protected Status, among others. Applicants with a priority date earlier than the cut-off date can be scheduled. I-601 SIJS is a way for a dependent of juvenile court to become a permanent resident of the United States (i.e., get a “green card”). You can find it on notices of action USCIS has sent you. The 212(d)(3) waiver is granted at the discretion of the Department of Homeland Security. (English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) This is when U.S. Immigration and Customs Enforcement (ICE) arrests a removable noncitizen. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. – Complete and submit applications properly. Back to Top. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens.

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