Adjustment of Status
The process of changing immigration status to lawful permanent resident (green card holder) while physically present in the United States. Filed using Form I-485.
General
Immigration glossary
128 terms in plain language. Immigration paperwork is full of words that mean something specific — these are what they mean.
Admissibility
The legal determination of whether a foreign national meets the requirements to enter or remain in the United States. Grounds of inadmissibility include criminal history, health issues, fraud, and public charge concerns.
General
Advance Parole
A travel document that allows certain foreign nationals with pending applications (like I-485) to travel internationally and return to the U.S. without abandoning their pending cases. Applied for using Form I-131.
Employment
Affidavit of Support
A legally enforceable contract (Form I-864) in which a sponsor agrees to financially support an immigrant. Required for most family-based and some employment-based green card applications.
General
Age-Out
When a beneficiary of an immigration petition turns 21 and may no longer qualify under the same preference category. The Child Status Protection Act (CSPA) provides some protection against aging out.
Family
Alien
Legal term used in immigration law to refer to any person who is not a citizen or national of the United States. Includes both documented and undocumented individuals.
General
Approval Notice
An official notice from USCIS indicating that an application or petition has been approved. For green card cases, this is followed by card production and mailing.
Status
Asylum
Protection granted to foreign nationals in the United States who meet the international definition of a refugee — someone who has suffered persecution or has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Court
B-1/B-2 Visa
Temporary visitor visas. B-1 is for business visitors (meetings, conferences, negotiations). B-2 is for tourists, medical treatment, and social visits. Usually granted for stays of up to 6 months.
Visas
Beneficiary
The person who receives an immigration benefit through a petition or application filed on their behalf. For example, the spouse in a family-based petition is the beneficiary.
General
Biometrics Appointment
A scheduled appointment at a USCIS Application Support Center (ASC) for fingerprinting, photograph, and signature collection. Used for background checks and identity verification.
Status
Board of Immigration Appeals
The highest administrative body for interpreting and applying immigration laws. Located within EOIR, the BIA hears appeals from immigration court decisions. BIA decisions can be further appealed to federal circuit courts.
Court
Bond
A monetary amount set by ICE or an immigration judge that a detained person must pay to be released from custody while their immigration case proceeds. Minimum bond is typically $1,500.
Enforcement
Cancellation of Removal
A form of relief from deportation available to certain long-term residents. For LPRs: 7 years continuous residence, 5 years as LPR, and no aggravated felony. For non-LPRs: 10 years continuous presence and exceptional hardship to a qualifying relative.
Court
Cap-Exempt
H-1B petitions filed by certain employers that are not counted against the annual cap. Cap-exempt employers include institutions of higher education, nonprofit entities affiliated with universities, and government research organizations.
Employment
Cap-Subject
Refers to H-1B petitions that are subject to the annual numerical limit (65,000 regular + 20,000 advanced degree). Cap-exempt employers include universities, nonprofit research organizations, and government research organizations.
Employment
Card Production
The stage when USCIS has ordered the production of a green card or EAD. After card production, the card is typically mailed within 1-2 weeks.
Status
CBP
U.S. Customs and Border Protection. The federal agency responsible for border security, including inspecting travelers at ports of entry and patrolling the borders. CBP officers determine admissibility at entry.
Enforcement
Certificate of Citizenship
Document issued to individuals who acquired or derived U.S. citizenship through their parents, rather than through naturalization or birth in the United States.
Citizenship
Certificate of Naturalization
Official document issued to a person who becomes a U.S. citizen through the naturalization process. Serves as proof of citizenship and is needed to apply for a U.S. passport.
Citizenship
Child Status Protection Act
A law that protects certain children from aging out of immigration benefits when they turn 21. CSPA allows subtraction of the time a visa petition was pending from the child's age.
Family
Citizenship Test
An examination administered during the naturalization interview consisting of an English language test (reading, writing, speaking) and a civics test (answering 6 out of 10 questions correctly from a pool of 100 about U.S. government and history).
Citizenship
Concurrent Filing
The practice of filing Form I-485 (adjustment of status) simultaneously with the underlying petition (I-140 or I-130), rather than waiting for the petition to be approved first. Available when visa numbers are immediately available.
Green Card
Conditional Resident
A lawful permanent resident whose green card is valid for only 2 years because it was obtained through a marriage that was less than 2 years old at the time of admission. Must file I-751 to remove conditions before the card expires.
Green Card
Consular Processing
The process of obtaining an immigrant visa through a U.S. Embassy or Consulate abroad, rather than adjusting status within the U.S. Used when the beneficiary is outside the United States.
General
Continuous Residence
Requirement that a naturalization applicant maintain their home in the United States for the statutory period. Absences of 6+ months may disrupt continuous residence; absences of 1+ year generally break it.
Citizenship
Country of Chargeability
The country used to determine which visa quota applies to an immigrant. Generally the country of birth, regardless of current nationality or residence.
General
Curricular Practical Training
Employment authorization for F-1 students that is an integral part of their curriculum or academic program. Must be authorized by the school's DSO before beginning work.
Employment
Deportation
The formal removal of a foreign national from the United States for violations of immigration law. Now legally referred to as "removal." A deportation order can bar re-entry for 5, 10, or 20 years, or permanently.
Enforcement
Derivative Beneficiary
A family member (spouse or unmarried child under 21) who derives immigration benefits from the principal beneficiary of a petition. They can often adjust status alongside the principal.
General
Derived Citizenship
Citizenship automatically acquired by a child through the naturalization of a parent, provided certain conditions are met (child under 18, LPR status, residing with the naturalizing parent in the U.S.).
Citizenship
Detention
The holding of a foreign national by ICE while their immigration case is being resolved. Detainees may request a bond hearing before an immigration judge to be released.
Enforcement
DHS
Department of Homeland Security. The cabinet department that oversees USCIS, ICE, and CBP, along with other agencies. DHS is responsible for overall immigration policy enforcement.
Enforcement
Diversity Visa
Annual lottery program that makes 55,000 immigrant visas available to nationals of countries with historically low rates of immigration to the United States. Selection is random, and winners must meet education or work experience requirements.
Green Card
Dual Citizenship
The status of being a citizen of two countries simultaneously. The United States generally permits dual citizenship, although some other countries may not. U.S. citizens with dual nationality owe allegiance to both countries.
Citizenship
E-2 Visa
Treaty investor visa for nationals of countries with which the U.S. has a treaty of commerce. Requires a substantial investment in a U.S. business. Renewable indefinitely but does not directly lead to a green card.
Visas
E-Verify
An internet-based system operated by DHS that allows employers to verify the employment eligibility of their employees. Required for certain employers and for STEM OPT extension employment.
Employment
EB-1
First preference employment-based green card for priority workers: those with extraordinary ability (EB-1A), outstanding professors/researchers (EB-1B), or multinational managers/executives (EB-1C). Does not require labor certification.
Green Card
EB-2
Second preference employment-based green card for professionals with advanced degrees or persons with exceptional ability. Generally requires PERM labor certification unless applying under the National Interest Waiver (NIW).
Green Card
EB-3
Third preference employment-based green card for skilled workers (2+ years experience), professionals (bachelor's degree), and other workers (unskilled). Requires PERM labor certification and an approved I-140.
Green Card
EB-5
Fifth preference employment-based green card for immigrant investors who invest $1,050,000 (or $800,000 in a Targeted Employment Area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
Green Card
Employment Authorization Document
A card issued by USCIS that proves a foreign national is authorized to work in the United States. Required for many non-citizens, including pending I-485 applicants, certain visa holders, and asylum applicants.
Employment
Employment-Based Green Card
Category of immigrant visas for foreign workers. Divided into five preference categories: EB-1 (priority workers), EB-2 (advanced degrees/exceptional ability), EB-3 (skilled/professional workers), EB-4 (special immigrants), EB-5 (investors).
Green Card
EOIR
Executive Office for Immigration Review. Part of the Department of Justice that operates the immigration court system and the Board of Immigration Appeals. Immigration judges in EOIR courts decide removal cases.
Enforcement
ETA-9089
Application for Permanent Employment Certification (PERM Labor Certification). Filed with the Department of Labor to demonstrate that no qualified U.S. workers are available for the position. Required for most EB-2 and EB-3 green card applications.
Forms
F-1 Visa
Student visa for academic studies at SEVP-certified institutions in the United States. Allows limited on-campus employment and, after completion of studies, Optional Practical Training (OPT) work authorization.
Visas
Family-Based Immigration
System allowing U.S. citizens and lawful permanent residents to petition for certain family members to immigrate. Includes immediate relatives (unlimited) and four family preference categories (numerically limited).
Green Card
Form DS-160
Online Nonimmigrant Visa Application. Required for all nonimmigrant visa applicants applying at a U.S. Embassy or Consulate abroad.
Forms
Form DS-260
Immigrant Visa Application. Filed online through the NVC by beneficiaries of approved immigrant visa petitions who are processing at a U.S. consulate abroad.
Forms
Form G-28
Notice of Entry of Appearance as Attorney or Accredited Representative. Filed to designate legal representation for immigration cases before USCIS.
Forms
Form I-129
Petition for a Nonimmigrant Worker. Filed by employers to sponsor foreign workers for temporary work visas such as H-1B, L-1, O-1, P-1, and others.
Forms
Form I-130
Petition for Alien Relative. Filed by a U.S. citizen or LPR to establish a qualifying family relationship with a foreign national beneficiary. This is the first step in most family-based immigration processes.
Forms
Form I-131
Application for Travel Document. Used to apply for Advance Parole, which allows certain pending applicants to travel internationally without abandoning their applications.
Forms
Form I-140
Immigrant Petition for Alien Workers. Filed by a U.S. employer to sponsor a foreign worker for a green card. Used for EB-1, EB-2, and EB-3 employment-based categories.
Forms
Form I-20
Certificate of Eligibility for Nonimmigrant Student Status. Issued by SEVP-certified schools to accepted international students to enable them to apply for an F-1 student visa.
Forms
Form I-485
Application to Register Permanent Residence or Adjust Status. The main form used to apply for a green card while physically present in the United States. Can be filed concurrently with I-140 in some cases.
Forms
Form I-539
Application to Extend/Change Nonimmigrant Status. Used by foreign nationals in the U.S. to extend their authorized stay or change to a different nonimmigrant visa category.
Forms
Form I-693
Report of Medical Examination and Vaccination Record. Completed by a USCIS-designated civil surgeon as part of the adjustment of status process. Valid for 2 years from the date of the civil surgeon's signature.
Forms
Form I-751
Petition to Remove Conditions on Residence. Filed by conditional permanent residents (who obtained green cards through marriage less than 2 years old) to remove the conditions and obtain a full 10-year green card.
Forms
Form I-765
Application for Employment Authorization Document (EAD). Allows certain foreign nationals to work in the United States while their immigration cases are pending.
Forms
Form I-864
Affidavit of Support Under Section 213A of the INA. A legally binding contract where a sponsor promises to financially support an immigrant at 125% of the federal poverty guidelines.
Forms
Form I-90
Application to Replace Permanent Resident Card. Used to renew an expiring green card or replace a lost, stolen, or damaged one.
Forms
Form N-400
Application for Naturalization. Filed by eligible lawful permanent residents to become U.S. citizens. Requires passing English and civics tests, and taking the Oath of Allegiance.
Forms
Good Moral Character
A requirement for naturalization. USCIS evaluates the applicant's behavior during the statutory period (typically 5 years). Criminal convictions, fraud, and certain other acts can prevent a finding of good moral character.
Citizenship
Green Card
Common name for the Permanent Resident Card (Form I-551), which serves as proof of lawful permanent resident status. Despite the name, modern cards are not actually green. Valid for 10 years (2 years for conditional residents).
Green Card
H-1B Lottery
The random selection process used when the number of H-1B applications exceeds the annual cap. USCIS conducts a computer-generated random selection to determine which petitions will be processed.
Employment
H-1B Visa
Temporary work visa for specialty occupation workers requiring at least a bachelor's degree. Subject to an annual cap of 65,000 plus 20,000 for U.S. master's degree holders. Selected through a lottery system when applications exceed the cap.
Visas
H-4 Visa
Dependent visa for spouses and children of H-1B workers. H-4 spouses may apply for work authorization (EAD) if the H-1B holder has an approved I-140 or has been granted H-1B extension beyond 6 years.
Visas
I-9
Employment Eligibility Verification form that all U.S. employers must complete for every employee hired. Verifies the identity and employment authorization of individuals working in the United States.
Employment
I-94
Arrival/Departure Record. An electronic record maintained by CBP that tracks the entry and authorized stay of foreign nationals. The I-94 shows the visa classification and the date by which the person must depart. Available at i94.cbp.dhs.gov.
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ICE
U.S. Immigration and Customs Enforcement. The federal agency responsible for immigration enforcement in the interior of the United States, including arrests, detention, and deportation of individuals who violate immigration law.
Enforcement
Immediate Relative
Close family members of U.S. citizens who are not subject to annual visa number limits: spouses, unmarried children under 21, and parents (when the citizen is 21+). Immediate relatives can adjust status without waiting for a visa number.
Green Card
Immediate Relative
Close family members of U.S. citizens who can immigrate without waiting for a visa number: spouses, unmarried children under 21, and parents (petitioner must be 21+). No annual numerical limits apply.
Family
Immigrant
A foreign national who has been granted the right to live permanently in the United States. In legal terms, this refers to lawful permanent residents (green card holders).
General
Immigration and Nationality Act
The primary body of federal law governing immigration and nationality in the United States, originally enacted in 1952. All immigration policies derive from or are amendments to this act.
General
Immigration Court
A court within the Executive Office for Immigration Review (EOIR) where immigration judges hear cases involving foreign nationals in removal proceedings. Not part of the federal court system.
Court
Immigration Judge
A judge appointed by the Attorney General to conduct proceedings in immigration court. Immigration judges decide removal cases, asylum claims, and bond requests.
Court
Inadmissibility
Grounds under which a foreign national may be denied entry or immigration benefits. Common grounds include criminal convictions, immigration fraud, unlawful presence, communicable diseases, and public charge likelihood.
General
J-1 Visa
Exchange visitor visa for participants in approved programs including research scholars, professors, au pairs, interns, and medical residents. Some J-1 holders are subject to a two-year home residency requirement.
Visas
K-1 Visa
Fiancé(e) visa allowing a foreign national engaged to a U.S. citizen to enter the United States for the purpose of marriage. The couple must marry within 90 days of arrival, after which the foreign spouse can apply to adjust status.
Visas
L-1 Visa
Intracompany transferee visa for employees of multinational companies being transferred to a U.S. office. L-1A is for managers/executives (up to 7 years), L-1B is for specialized knowledge workers (up to 5 years).
Visas
Labor Certification
The process through which the Department of Labor certifies that there are no qualified U.S. workers available for a position, and that hiring a foreign worker will not adversely affect U.S. workers' wages. Required for most EB-2 and EB-3 cases.
Green Card
Labor Condition Application
An application filed by an employer with the Department of Labor as a prerequisite for an H-1B petition. The LCA attests that the employer will pay the prevailing wage and provide working conditions that won't adversely affect U.S. workers.
Employment
Lawful Permanent Resident
A foreign national who has been granted authorization to live and work permanently in the United States. LPRs receive a green card as proof of status.
General
Motion to Reopen
A request to the immigration court or BIA to reopen proceedings based on new facts or evidence that were not available during the original hearing. Must be filed within 90 days of the final order, with some exceptions.
Court
National Interest Waiver
An exemption from the labor certification (PERM) requirement for EB-2 green card applicants who can demonstrate their work is in the national interest of the United States. Allows self-petitioning without an employer sponsor.
Green Card
National Visa Center
A Department of State facility that processes immigrant visa petitions after USCIS approval. NVC collects fees, documents, and affidavits of support before scheduling consular interviews.
General
Naturalization
The legal process by which a foreign national becomes a U.S. citizen. Generally requires 5 years as an LPR (3 if married to a U.S. citizen), continuous residence, good moral character, and passing English and civics tests.
Citizenship
Nonimmigrant
A foreign national admitted to the United States temporarily for a specific purpose such as tourism, study, or work. Examples include H-1B workers, F-1 students, and B-1/B-2 visitors.
General
Notice of Action
Official correspondence from USCIS regarding an immigration case. Includes receipt notices (I-797C), approval notices (I-797), and transfer notices. Always identified by a form number in the I-797 series.
Status
Notice of Intent to Deny
A formal notice from USCIS indicating the agency intends to deny an application and providing reasons. The applicant is given an opportunity to respond with evidence before a final decision is made.
Status
O-1 Visa
Visa for individuals with extraordinary ability or achievement in sciences, arts, education, business, athletics (O-1A) or arts, motion pictures, or television (O-1B). Requires evidence of sustained national or international acclaim.
Visas
Oath Ceremony
The final step in the naturalization process where applicants take the Oath of Allegiance to the United States and become citizens. Participants surrender their green cards and receive a Certificate of Naturalization.
Citizenship
Optional Practical Training
Temporary employment authorization for F-1 students to work in their field of study. Available for up to 12 months after completion of studies, with a 24-month extension available for STEM degree holders.
Employment
Per-Country Limit
Annual limit on the number of immigrant visas available to nationals of any single country, set at 7% of the total worldwide visa allocation. This creates longer waits for applicants from high-demand countries like India, China, Mexico, and the Philippines.
General
Petitioner
The person or organization that files an immigration petition on behalf of a beneficiary. In family cases, this is usually a U.S. citizen or LPR relative. In employment cases, it is typically the employer.
General
Physical Presence
Requirement that a naturalization applicant be physically present in the United States for at least half of the statutory period (typically 30 months out of 5 years, or 18 months out of 3 years for spouse of citizen).
Citizenship
Port of Entry
Any location where a person may lawfully enter the United States, including airports, seaports, and land border crossings. CBP officers inspect travelers at ports of entry.
General
Preference Category
A classification system that determines the order in which immigrant visas are allocated. Family preferences include F1-F4; employment preferences include EB-1 through EB-5. Each category has different wait times.
Green Card
Premium Processing
An optional expedited processing service (Form I-907) that guarantees USCIS will take action on certain petitions within 15 business days. Available for I-129 and I-140 petitions. Costs $2,965.
Status
Prevailing Wage
The average wage paid to similarly employed workers in a specific occupation in the geographic area of employment. Employers must pay at least the prevailing wage for H-1B and PERM applications.
Employment
Principal Applicant
The main person applying for an immigration benefit, as opposed to derivative family members who receive benefits through the principal's petition.
General
Priority Date
The date that establishes an immigrant's place in the visa queue. For employment-based cases, it's usually the PERM filing date. For family-based cases, it's when the I-130 was filed. Your visa becomes available when your PD is "current" on the Visa Bulletin.
General
Prosecutorial Discretion
The authority of immigration enforcement agencies to decide which cases to pursue and how. This can result in case dismissal, deferred action, or lower priority for removal.
Enforcement
Public Charge
An individual who is primarily dependent on government assistance for subsistence. USCIS considers public charge as a ground of inadmissibility when evaluating immigration applications. The public charge rule was significantly revised in recent years.
General
Qualifying Relative
A specific family relationship required for certain immigration benefits or waivers. For the I-601 waiver, a qualifying relative must be a U.S. citizen or LPR spouse or parent who would suffer extreme hardship.
Family
R-1 Visa
Temporary nonimmigrant visa for religious workers coming to the U.S. to work in a religious capacity for a qualifying religious organization.
Visas
Receipt Notice
An official acknowledgment from USCIS confirming they have received your application or petition. Contains the receipt number used to track your case online. Typically arrives within 2-4 weeks of filing.
Status
Receipt Number
A unique 13-character code (3 letters + 10 digits) assigned to every USCIS application. The prefix indicates the processing center: EAC (Vermont), WAC (California), LIN (Nebraska), SRC (Texas), IOE (Electronic), NBC, MSC.
Status
Removal Proceedings
Formal legal proceedings in immigration court to determine whether a foreign national should be removed (deported) from the United States. The government bears the burden of proving removability.
Enforcement
Request for Evidence
A notice from USCIS asking for additional documentation or evidence to support a pending application. Typically gives 87 days to respond. Failure to respond results in denial based on the existing record.
Status
SEVIS
Student and Exchange Visitor Information System. An internet-based system that maintains information on international students (F/M visa) and exchange visitors (J visa) in the United States.
Employment
Sponsor
A person who takes legal responsibility for supporting an immigrant financially and/or files a petition on their behalf. The sponsor must demonstrate income at 125% of the federal poverty guidelines.
General
Stay of Removal
A temporary order preventing the execution of a removal (deportation) order. Can be granted by an immigration judge, the BIA, or a federal court while an appeal is pending.
Court
STEM OPT Extension
A 24-month extension of post-completion OPT available to F-1 students with degrees in Science, Technology, Engineering, or Mathematics fields. Requires the employer to be enrolled in E-Verify.
Employment
Stepchild/Stepparent
In immigration law, a stepchild or stepparent relationship is recognized for immigration benefits only if the marriage creating the step-relationship occurred before the child turned 18.
Family
T Visa
Visa for victims of human trafficking who assist law enforcement in the investigation or prosecution of trafficking cases. Provides temporary immigration status and eligibility for a green card after 3 years.
Visas
TN Visa
Visa for Canadian and Mexican professionals under the USMCA (formerly NAFTA) trade agreement. Available for 63 specific professions. Canadians can apply directly at the border; Mexicans must apply at a consulate.
Visas
Transfer Notice
A notice indicating that a case has been transferred from one USCIS service center or office to another. This may occur for workload balancing or jurisdictional reasons.
Status
U Visa
Visa for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of the crime. Provides a path to lawful permanent residence.
Visas
Unlawful Presence
Time spent in the United States without authorization or after an authorized stay has expired. Accumulating 180+ days triggers a 3-year bar to re-entry; 1+ year triggers a 10-year bar.
Enforcement
USCIS
United States Citizenship and Immigration Services. The federal agency within DHS that processes immigration applications, petitions, and naturalization requests. Operates service centers, field offices, and asylum offices.
Enforcement
VAWA
Violence Against Women Act. Allows abused spouses, children, and parents of U.S. citizens or LPRs to self-petition for immigration relief without the abuser's knowledge or cooperation.
Family
Visa
A document or stamp in a passport that allows a foreign national to travel to a U.S. port of entry and request admission. A visa does not guarantee entry — that decision is made by CBP at the port of entry.
General
Visa Bulletin
A monthly publication by the Department of State showing which priority dates are currently eligible for immigrant visas. It tracks both "Final Action Dates" and "Dates for Filing" for all preference categories.
General
Voluntary Departure
An alternative to formal removal/deportation where a foreign national agrees to leave the United States at their own expense within a specified period. Avoids the formal removal order and its associated bars to re-entry.
Enforcement
Waiver
A legal mechanism to forgive or overlook a ground of inadmissibility. Different waivers exist for different grounds, such as the I-601 waiver for fraud/misrepresentation or the I-212 waiver for prior deportation.
General
Withholding of Removal
A form of protection from deportation for those who can demonstrate it is "more likely than not" they would face persecution if returned to their country. Provides less benefits than asylum but has a lower burden of proof standard.
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