Immigration Glossary Terms

A  |  B  |  C  |  D  |  E  |  F  |  G  |  H  |  I  |  L  |  M  |  N  |  O  |  P  |  R  |  S  |  T  |  U  |  V  |  W  |  J  | 

A

Acquired Citizenship

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

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. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

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.

Application Support Centers

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

Apprehension

The arrest of a removable alien by U.S. Immigration and Customs Enforcement (ICE). Each apprehension of the same alien in a fiscal year is counted separately.

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 aliens 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.Go to the DHS, United States Citizenship and Immigration Services Internet site to learn more.

Adjustment Of Status

The process through which certain non-citizens apply for permanent resident (that is, green card) status from within the United States, as opposed to applying from abroad. (Applying from abroad is referred to as consular processing.)Prior immigration violations, such as unlawful entry, and certain criminal acts may make an applicant ineligible to apply from within the United States, though waivers (exceptions) may be available in some instances. A successful applicant for adjustment of status will receive a green card and is known as a lawful permanent resident.

A Number

A unique 8- or 9-digit number, preceded by the letter A, which the Department of Homeland Security assigns to most non-citizens as a type of identification.

Affidavit Of Support (AOS)

A form filed by a United States citizen or lawful permanent resident (known as the sponsor) on behalf of a non-citizen seeking lawful permanent residence (a green card) in the U.S. The affidavit is intended to verify that the sponsor has sufficient income to support the persons intending to immigrate to the U.S. It is a legally enforceable contract against the sponsor.The sponsor must prove that he or she has income equal to at least 125% of the federal poverty level. The number of the sponsors dependents, used in calculating the minimum income required, must include the sponsor, all members of the sponsors household, and the persons sponsored. Prior federal tax returns, proof of current employment, and other evidence of the sponsors income must accompany the affidavit.

Aggravated Felony

A term created by statute to refer to a list of specific crimes and categories of crimes. Severe legal consequences attach to non-citizens that the government determines to be aggravated felons. For instance, these persons usually become ineligible to enter or remain in the U.S. for any reason or to qualify for almost all types of immigration benefits, including obtaining a green card or being naturalized to become a U.S. citizen. Persons designated as aggravated felons also become much more vulnerable to removal (deportation) from the U.S., resulting in a lifetime disqualification from returning to the country.In order to be considered aggravated felonies, some of the listed crimes also require a prison sentence of a minimum length. For example, U.S. law says that a person has committed an aggravated felony if he/she is convicted of a "theft offense or burglary offense" for which the term of imprisonment is at least one year." Criminal convictions in the past also count toward a decision about whether someone has committed an aggravated felony. The list, scope, and consequences of aggravated felonies have been vastly expanded over the years by Congress and by court decisions. In some circumstances, misdemeanors can count as aggravated felonies.


<<
<
1