This
is the first in a series of articles on immigration terminology.
We will start with basic terminology and then move into more
complex terminology that may be used in specific circumstances.
Adjustment
of status
– The process in which someone who holds nonimmigrant, refugee, or
parolee status, is allowed to apply for immigrant or lawful permanent
status while they are in the
United States
.
Alien
– A person who is not a national or citizen of the
United States
.
Asylum
– The status sought by a person physically present in the
United States
. The individual must
have a well-founded fear of persecution on the basis of race,
religion, nationality, membership in a particular social group, or
political opinion, if made to return to his or her country of
nationality. If the
person does not have a country of nationality, then they must fear
these grounds upon returning to their last place of habitual
residence. One of these
five grounds of asylum must be proven in order for the individual to
win an asylum claim. Asylees
differ from refugees in that the asylee has already entered the
country when they are trying to obtain status.
Conditional
Permanent Resident Status
– A status conferred on an alien spouse and children at the time of
obtaining lawful permanent residence, such status having been
obtained: (1) on the basis of a marriage to a U.S. citizen or
permanent resident spouse entered into less than two years prior to
obtaining said status, or (2) as an immigrant investor, in which case
it applies to the investor and the members of his or her family.
Deportation
– When an alien who has violated immigration laws is found to be
removable from the
United States
.
Dual
Nationality
– Possessing two citizenships simultaneously.
Dual nationality can occur by birth in one country to citizens
of another country, by marriage to a foreign national, or by foreign
naturalization. While the
U.S.
government does not endorse dual nationality, it does recognize its
existence and does not require a foreign citizen to give up his or her
other nationality in order to become a
U.S.
citizen. Some countries,
such as
Germany
, do not allow dual nationality and require relinquishment of any
other nationality.
Green
Card
– The popular name for the Alien Registration Receipt Card, which is
given to individuals who become legal permanent residents of the
United States
. While the card was once
green, hence earning the nickname, it is presently pink.
The card serves as a
U.S.
entry document, enabling permanent residences to return to the
U.S.
after temporary absences. You
can apply for the green card anywhere, but you can only actually
receive the green card inside
U.S.
borders. In addition, the
card and the benefits that come along with it are permanent, therefore
you cannot lose it unless you abandon your
U.S.
residence or commit certain types of crimes.
However, a new, updated green card must be applied for every
ten years.
Immigrant
– Any person who is residing in the
United States
as a legally recognized and lawfully recorded permanent resident.
This is what every alien seeking entry to the
United States
is presumed to be unless they prove they want entry on a nonimmigrant
basis.
National
– A person owing permanent allegiance to a state.
National
of the
United States
– A
citizen of the
United States
or a person who, though not a citizen of the
United States
, owes permanent allegiance to the
United States
. Presently, the only
noncitizen nationals of the
United States
are residents of the
American Samoa
and
Swains
Island
.
Naturalization
– When a person acquires nationality of a state after birth.
Citizenship of a foreign state acquired after birth is not
naturalization.
Nonimmigrant
– A person coming to the
United States
temporarily for a specific purpose.
Passport
– A travel document that allows a person to gain admission into a
foreign country. The
document should show the bearer’s origin, identity, and nationality.
Refugee
– A person that is unable or unwilling to return to their country of
nationality because of a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular social
group, or political opinion. These
individuals apply for status before coming to the
United States
.
Residence
– An individual’s one principal, actual dwelling place.
Special
Immigrant
– Common categories of special immigrants are workers for recognized
religions, former
U.S.
government workers, and foreign doctors who have been practicing
medicine in the
United States
for many years. There is
an annual quota of 10,000 green cards that can be given to special
immigrants.
Status
– The name for the group of privileges you are given when you
receive immigration benefits, either as a permanent resident or a
nonimmigrant. A person
holds their status as long as they are on American soil.
Once they leave American soil, they may lose that status.
Permanent resident status is not lost by a temporary absence
from the
United States
.
Visa
– A stamp placed in your passport by a
U.S.
consulate outside of the
United States
. All visas, which can be
either immigrant or nonimmigrant, serve as entry documents.
Except for a few types of visa renewals, visas cannot be issued
inside American borders; therefore, you must be outside the
U.S.
to get a visa.