Immigration Definitions (DHS) Flashcards
Adoption
Adoption - See Orphan.”Orphan” - Orphan - For immigration purposes, a child whose parents have died or disappeared, or who has been abandoned or otherwise separated from both parents. An orphan may also be a child whose sole or surviving parent is incapable of providing that child with proper care and who has, in writing, irrevocably released the child for emigration and adoption. 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.
Describe: “Adjustment to Immigrant Status”
Adjustment to Immigrant Status - Procedure allowing certain aliens already in the United States 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.
What is an Agricultural Worker?
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.
What is an “Alien” ?
Alien - Any person not a citizen or national of the United States.
Describe the “Amerasian Act”?
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 U.S. citizen.
Describe the “Amerasian (Vietnam)” Act?
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.
What is “Apprehension”?
Apprehension - The arrest of a removable alien by the Department of Homeland Security. Each apprehension of the same alien in a fiscal year is counted separately.
What is an Asylee
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.
What is/are “Beneficiaries” in relation to immigration?
Beneficiaries - Aliens on whose behalf a U.S. citizen, lawful permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Department of Homeland Security. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.
What is a “Border Crosser” ?
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.
What is a “Border Patrol Sector” ?
Border Patrol Sector - Any one of 21 geographic areas into which the United States is divided for the Department of Homeland Security’s Border Patrol activities.
What is a “Business Nonimmigrant” ?
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 U.S. labor market, and receives no salary from U.S. sources.
What is “Cancellation of Removal” “ in relation to immigration ?
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.
What is “Certificate of Citizenship” in relation to immigration?
Certificate of Citizenship - Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).
What does a “Child” in relation to immigration ?
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 U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.
What is “Country of Birth” in relation to immigration?
Country of Birth: The country in which a person is born.
What is “Country of Chargeability” in relation to immigration?
Country of Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.
What is “Country of Citizenship” in relation to immigration?
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. Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
What is “Country of (Last) Residence” in relation to immigration?
Country of (Last) Residence: The country in which an alien habitually resided prior to entering the United States.
What is “Country of Nationality” in relation to immigration?
Country of Nationality: The country of a person’s citizenship or country in which the person is deemed a national.
What is a “Crewman” in relation to immigration?
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.
What is “Criminal Removal” in relation to immigration?
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.
What is a “Cuban/Haitian Entrant” in relation to immigration?
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.
What is “Deferred Inspection” in relation to immigration?
Deferred Inspection - See Parolee.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.
What does “Departure Under Safeguards” mean in relation to immigration?
Departure Under Safeguards - The departure of an illegal alien from the United States which is physically observed by a Department of Homeland Security official.
What is a “Deportable Alien” in relation to immigration?
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 lost legal status.
What does “Deportation” mean?
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.
What does “Derivative Citizenship” mean in relation to immigration?
Derivative Citizenship - Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.
What is a “Docket Control” in relation to DHS and immigration?
Docket Control - The DHS mechanism for tracking the case status of potentially removable aliens.
What are “Employer Sanctions” in relation to immigration?
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.
What is an “Exchange Visitor” in relation to immigration?
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.
What is “Exclusion” in relation to immigration?
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.
What is “Expedited Removal” in relation to immigration?
Expedited Removal - The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the DHS 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 DHS 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 lawful status in the United States or demonstrates a credible fear of persecution if returned to his or her home country.
What is a the “Fiscal Year” for the US?
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.
What is a “Fiance(e)s of U.S. Citizen” in relation to immigration?
Fiance(e)s of U.S. Citizen - A nonimmigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within ninety days after entry.
What is “Foreign State of Chargeability”?
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.
What is a “Foreign Information Media Representative”?
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.
What is a “Foreign Government Official”?
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.
What are the “General Naturalization Provisions” in relation to immigration?
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 have established good moral character for at least that period.
What is the “Geographic Area of Chargeability” in relation to immigration?
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.
What is a “H-1B Petition” in relation to immigration?
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 Department of Homeland Security 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.
What is a “H-1B Beneficiary” in relation to immigration?
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 Department of Homeland Security.
What are “Hemispheric Ceilings” in relation to immigration?
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.
What is an “Immigrant” (in relation to immigration)?
Immigrant - See Permanent Resident AlienPermanent 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 Department of Homeland Security in the United States.
What are “Immediate Relatives” in relation to immigration?
Immediate Relatives - Certain immigrants who because of their close relationship to U.S. 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.
What is the “Irish Peace Process Cultural and Training Program Act of 1998” (in relation to immigration)?
Irish Peace Process Cultural and Training Program Act of 1998 - Amended the INA to establish new nonimmigrant classes (Q2 and Q3) to allow temporary admission to young people (and their spouses and minor children) of disadvantaged areas in Northern Ireland and certain counties of the Republic of Ireland for the purpose of developing job skills and conflict resolution abilities, so that those young people can return to their homes better able to contribute toward economic regeneration and the Irish peace process. Period of temporary admission not to exceed 36 months; program repealed, effective October 1, 2005.
What is the “IRCA” (in relation to immigration)?
IRCA - See Immigration Reform and Control Act of 1986.Immigration Reform and Control Act (IRCA) of 1986 - Public Law 99-603 (Act of 11/6/86), 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 U.S. borders.
What is an “Intracompany Transferee” in relation to immigration?
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.
What is an “International Representative” in relation to immigration?
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.
What is an “Inadmissible” in relation to immigration?
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. Industrial Trainee - See Temporary Worker.
What is the “Immigration Reform and Control Act (IRCA) of 1986”?
Immigration Reform and Control Act (IRCA) of 1986 - Public Law 99-603 (Act of 11/6/86), 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 U.S. borders.
What are the “Immigration Marriage Fraud Amendments of 1986”?
Immigration Marriage Fraud Amendments of 1986 - Public Law 99-639 (Act of 11/10/86), 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 Department of Homeland Security 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.
