John S. Smith
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Immigration Law Terms

To learn more about Immigration Law terms, look below; or you can return to the Immigration Law Page

  • Adjustment of status: the process of applying for legal permanent residence from within the United States as opposed to applying from abroad which is called “consular processing.”
  • Asylum: a form of relief for which nationals of other countries can apply if they have suffered persecution in their home countries or if they have a well-founded fear of future persecution on account of certain protected characteristics.
  • B1/B2 visa: the most common type of non-immigrant (temporary) visa to the United States. It is meant to be used for short term tourism or business (but not for working.) To qualify for this visa, an applicant must overcome a presumption of “immigrant intent” meaning that he or she must prove to the U.S. Consulate that he or she intends to return to his or her country after completing the tourism or business visit.
  • Change of status: the process by which a foreign national applies to change from one non-immigrant status (such as tourist) to another non-immigrant status (such as student.)
  • Deportation/Removal: removal, formerly called deportation, is a legal proceeding through which immigration officials seek to remove a foreign national from the United States for violating an immigration law or other U.S. law. These proceedings generally take place in Immigration Court before an Immigration Judge.
  • Green Card: this is the informal term for “an alien registration card” or Form I-551. It is proof that its holder has legal permanent resident status.
  • H1B: this is a skilled worker visa which allows its holder to remain in the U.S. and work for three years, and can be renewed once for a total of six years.
  • I-94: the small white card placed in the passport of foreign nationals when they visit the U.S. The card indicates how long the foreign national is authorized to stay in the U.S., either with a specific date by which the foreign national is supposed to leave, or with a notation such as D/S (duration of status) which means the person is permitted to remain in the U.S. as long as he or she maintains her status (such as student status.)
  • Naturalization: the process by which a foreign national applies for and obtains U.S. citizenship. Only legal permanent residents may apply to naturalize, and generally only after they have held their “green card” for five years (spouses of U.S. citizens may apply earlier.)
  • Non-immigrant visa: a temporary visa, for skilled workers, performers, investors, business persons or visitors to come and stay in the U.S. for a temporary period of time. Many non-immigrant visas require applicants to prove that they do not intend to remain in the U.S. permanently by demonstrating strong economic and family ties to their home country.
  • Visa: a visa is a legal document that permits its holder to seek entry into the United States on either a temporary or a permanent basis. Legally, a visa merely permits the foreign national to board transportation to the U.S. Permission to enter the country may be granted or denied by immigration officials at the port of entry.