Immigration Terms and Definitions

U.S. Citizen

  • An individual born in the United States, Puerto Rico, Guam, or the Virgin Islands.

  • An individual whose parent is a U.S. citizen.*

  • A former alien who has been naturalized as a U.S. citizen

The Child Citizenship Act

  • Provides for the automatic acquisition of U.S. citizenship when certain conditions have been met. Specifically, these conditions are:

    • One parent is a U.S. citizen by birth or through naturalization

    • The child is under the age of 18

    • The child is residing in the United States as a lawful permanent resident alien and is in the legal and physical custody of the U.S. citizen parent

    • If the child is adopted, the adoption must be final.

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.

Green Card - (permanent resident)

  • Someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a "Green Card."

H-1B Beneficiary

  • The approved petition associated with a specialty worker admitted based on professional education, skills, and/or equivalent experience (the H-1B subsection uses this definition)

  • a specialty worker whose petition to work temporarily in the United States has been approved by the Department of Homeland Security.

Immigrant/Lawful Permanent Resident Alien

  • An alien who has been granted the right by the USCIS to reside permanently in the United States and to work without restrictions in the United States (LPR).

  • All immigrants are eventually issued a "green card" (USCIS Form I-551), which is the evidence of the alien’s LPR status. LPR’s who are awaiting the issuance of their green cards may bear an I-551 stamp in their foreign passports. Immigrant visas are available for aliens (and their spouses and children) who seek to immigrate based on their job skills.

  • If an alien has the right combination of skills, education, and/or work experience and are otherwise eligible, the alien may be able to live permanently in the United States.

  • Per USCIS, there are five employment-based immigrant visa preferences (categories): EB-1, EB-2, EB-3, EB-4 and EB-5.

Nonimmigrant

  • An alien who seeks temporary entry to the United States for a specific purpose.

  • The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others.

  • Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. Also called Temporary Resident

Parolee

  • An alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit.

  • Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.

Refugee

  • Any person who is outside his or her country of nationality who is unable or unwilling to return to 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.

  • People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee.

  • Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

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