Adjustment of Status (AOS) – the process by which an individual becomes a Lawful Permanent Resident (not Citizen) of the United States and receives a Green Card. This process takes place in the United States and is different from Consular Processing, which takes place outside the United States. Adjustment of Status can be achieved through a family member, employment, fiancé(e), diversity visa lottery, asylee/refugee, or based on Cuban citizenship. Lawful Permanent Residents (LPR) can live and work in the U.S. and travel outside of the U.S. as well. A citizenship application can be filed after 5 years of maintaining LPR status (3 if the Green Card was obtained through marriage to a U.S. Citizen spouse).

Advance Parole – click here.

Aggravated Felony – click here.

Asylum – allows an individual who is in the United States to remain here if he/she can establish that he/she has been persecuted in his/her home country, or fear that he/she will be persecuted on the basis of race, religion, nationality, membership in a particular social group, or political opinion. Establishing “persecution” requires a much higher standard than just demonstrating that one “fears” returning to his/her home country.

Bond – individuals detained because of immigration-related reasons may be eligible for bond, an amount of money that must be paid to ensure that he/she will comply with any terms of release which includes appearing at immigration court hearings. Eligibility for bond and the bond amount are determined by Immigration and Customs Enforcement (ICE) and Immigration Judges.

Cancellation of Removal – a form of relief sought in immigration court for individuals subject to deportation. Cancellation of Removal is available for Lawful Permanent Residents and non-Lawful Permanent Residents. LPRs must have been: 1) lawfully admitted for permanent residence for at least 5 years, 2) resided continuously in the U.S. for 7 years after having been admitted in any state, and 3) not convicted of any Aggravated Felony. Non-LPRs must have been: 1) physically present in the U.S. for a continuous period of at least 10 years before the application is filed, 2) a person of good moral character during the 10-year period, 3) not convicted of a criminal offense or security or terrorist type crime, and 4) establish that deportation would result in exceptional and extremely unusual hardship to the applicant’s U.S. Citizen or Lawful Permanent Resident spouse, parent, or child.
 
Code of Federal Regulations (CFR) – immigration laws enacted by Congress are interpreted by regulations published in 8 CFR. Access 8 CFR here.

Conditional Lawful Permanent Resident (CLPR) – in an effort to prevent fraudulent marriages, most individuals who apply for adjustment of status through a U.S. Citizen will not be given LPR status, but Conditional Lawful Permanent Resident status. After 2 years of being in this status, the couple must file to “remove” the conditions. If the couple separated, divorced, or cannot provide ample evidence of living together as a married couple, waivers are available for the joint filing requirement.

Consular Processing – the process by which an individual becomes a Lawful Permanent Resident (not Citizen) of the United States and receives a Green Card. Though this process starts in the United States with the filing of an immigrant visa application, the applicant lives outside of the U.S. and is interviewed at the U.S. Embassy in his/her home country to receive the Green Card.   

Convention Against Torture (CAT) – one of the forms of relief that an individual may obtain in immigration court. The applicant must establish that there is at least a 51% chance that he/she will be tortured if returned to his/her home country. Individuals with certain serious criminal convictions may be eligible for CAT relief.

Crime Involving Moral Turpitude (CIMT) – click here.

Cuban Adjustment Act – allows Cuban citizens/nationals to obtain Lawful Permanent Resident status in the United States. Requirements include: 1) being inspected and admitted or paroled into the U.S. after January 1, 1959 and 2) being physically present in the U.S. for at least 1 year.

Deportation – the process by which an individual is removed from the United States for immigration violations. The formal term for deportation is now “removal.”

E-Verify – click here.

Entry Without Inspection (EWI) – a method of entry into the United States whereby the individual is not admitted, inspected, or paroled.

Freedom of Information Act (FOIA) – allows individuals to obtain personal records from federal agencies, including USCIS and immigration court.

Green Card – click here.

I-9 – a form used by employers to confirm eligibility for employment. Documents used for this confirmation include a U.S. Passport, Green Card, driver’s license, etc.

I-94 – upon entry to the United States, nonimmigrants will receive this small white card which states the manner of entry (e.g., J-1 visa, F-1 visa, etc.) and how long the individual is permitted to stay in the U.S.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) – law which greatly changed Immigration Law in the United States. IIRIRA created tougher immigration consequences for individuals with criminal convictions, mandatory detention for those who committed certain crimes, a permanent bar to obtaining Lawful Permanent Resident status if one falsely claimed to be a U.S. citizen, etc. 

Immigrant – an individual who migrates to another country, usually for permanent residence.

Immigration and Nationality Act (INA) – the official laws which govern Immigration in the United States. To access the INA, click here.

Individual Hearing (IH) – a trial in immigration court in which the alien (Respondent) presents an application for relief in order to remain in the United States. The Immigration Judge decides whether to grant or deny relief. The alien should be represented by a competent Immigration Attorney at such proceedings.

Lawful Permanent Resident (LPR) – an individual who has filed a successful application for Adjustment of Status and received a Green Card to remain in the United States.

Master Calendar Hearing (MCH) – a status hearing in immigration court in which the alien (Respondent) responds to charges brought against him/her by the Department of Homeland Security. If the alien is eligible for some form of relief, the application is filed with the court and the alien requests an Individual Hearing for the merits of the application to be adjudicated. The alien should be represented by a competent Immigration Attorney at such proceedings. 

Naturalization – the process by which an individual becomes a citizen of the United States. In addition to demonstrating good moral character, the applicant must pass the English language, History, and Government tests. Certain exceptions to these requirements exist. 

Nonimmigrant – an individual who enters the United States for some temporary purpose (e.g., education, visitor, business).

Notice to Appear (NTA) – the official charging document used against an individual in deportation/removal proceedings in immigration court. 

Order to Show Cause (OSC) – the former name for Notice to Appear (NTA).

Parole – given to individuals who are not eligible to enter the United States as a refugee, immigrant, or nonimmigrant, but can demonstrate emergency, humanitarian, or public interest reasons why admission should be permitted.

Removal – the term used to replace “deportation.” 

Respondent – the name given to an individual in deportation/removal proceedings.

Temporary Protected Status – click here.

Violence Against Women Act (VAWA) – allows a man or woman to obtain Lawful Permanent Resident status if he/she can demonstrate that a U.S. Citizen or Lawful Permanent Resident spouse subjected him/her to cruelty. VAWA relief is also available to abused children and parents of abused children. 

Visa –

Immigrant Visa – used to obtain Lawful Permanent Resident Status.
Nonimmigrant Visa – used for some temporary purpose (e.g., education, visitor, business).

Visa Waiver Program – individuals from 27 countries are permitted to travel to the United States without visas for business or tourism purposes for up to 90 days. Restrictions apply in terms of Adjustment of Status and work authorization. Click here or a list of Visa Waiver Program countries.

Voluntary Departure – a form of relief in which the alien (Respondent) asks the Immigration Judge for permission to voluntarily leave the United States in up to 120 days at his/her own expense, provided that certain requirements are met.

Withholding of Removal – a form of relief similar to Asylum. Allows individuals to remain and work in the United States but, unlike Asylum, does not allow the individual to apply for Lawful Permanent Residence. An application for Withholding of Removal requires the applicant to demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. 

For descriptions and links for various immigration departments and agencies, click here.

Immigration Law     Home