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1 – Common Terms 1 – Common Terms Many federal government agencies and courts are involved with the immigration process in some way. To help understand the immigration system in the United States, here is a basic overview of some of the government agencies you should know. Additionally, this chapter includes definitions of many immigration terms, abbreviations and statuses used throughout this guide. Federal Immigration Agencies Department of Homeland Security (DHS): An agency within the Executive Branch of the U.S. federal government. DHS has many separate agencies within it, but three of these divisions are responsible for implementing and enforcing U.S. immigration law: United States Citizenship and Immigration Services (USCIS), United States Customs and Border Protection (CBP), and United States Immigration and Customs Enforcement (ICE). Until 2003, the United States Immigration and Naturalization Service (INS) was the agency responsible for all the functions of the immigration system. These functions now fall under DHS. The DHS website is www.dhs.gov. United States Citizenship and Immigration Services (USCIS): The agency within DHS responsible for the adjudication of applications for immigrant benefits such as naturalization, adjustment of status, Temporary Protected Status (TPS) and others. USCIS determines whether the applicant qualifies for the desired benefit and, in many instances, interviews the applicant at an office in the United States. Many people refer to USCIS as “Immigration.” This is usually the first agency that U.S. family members or employers encounter when starting the process of applying for a green card or for other types of immigration benefits. The USCIS website provides free immigration forms and the most up to date information on fees, free forms and the answers to other frequently asked questions. The USCIS website is www.uscis.gov. United States Customs and Border Protection (CBP): CBP is another agency within DHS responsible for controlling access into the United States at and around international borders. CBP focuses on enforcing immigration laws near ports of entry and has the authority to investigate, arrest, and detain those requesting entry into the United States. CBP checks your passports and visas when you arrive in the United States to make sure you did not create or obtain the visa through fraud. The CBP website is www.cbp.gov. United States Immigration and Customs Enforcement (ICE): ICE is the main agency within DHS responsible for enforcing immigration laws and removing (deporting) or arresting foreign nationals. ICE Attorneys represent the U.S. government in immigration court prosecutions. ICE and CBP enforce many of the same immigration laws, but each agency also has enforcement duties that belong exclusively to them. The ICE website is www.ice.gov. United States Department of State (DOS): DOS acts through U.S. embassies and consulates around the world. Not only does the DOS provide U.S. Citizens with services while living and traveling overseas, the DOS also issues U.S. passports. DOS consular officers decide both immigrant and Common Terms 1 non-immigrant visa applications for foreign nations seeking to come to the U.S. The DOS website is www.state.gov. National Visa Center (NVC): Part of the DOS. Except in adjustment of status cases, USCIS approves your immigrant visa petition for family and employment-based preference categories, then forwards your petition to the NVC. Family and employment-based categories have limits on how many are issued per year, so sometimes there are lengthy wait times before processing can begin. The NVC holds your petition until the priority date (see below) is likely to become current. The NVC will notify you when it is time to start processing your case. The NVC website is www.travel.state.gov. Executive Office for Immigration Review (EOIR): EOIR is a separate agency within the DOJ that is charged with the federal enforcement of immigration laws through immigration courts. EOIR conducts immigration court proceedings, appellate reviews of immigration court cases and administrative hearings. When foreign nationals are placed in removal (deportation) proceedings, their court case is handled within EOIR. The EOIR website is https://www.justice.gov/eoir. Terms and Definitions 245(i): A section of the Immigration and Nationality Act (INA) which allows certain people to apply for adjustment of status to Lawful Permanent Resident (LPR) despite certain immigration violations such as overstaying a visa, working without authorization, or entering without inspection. Although the law has expired, some people who qualified under the law can still benefit from it. 3-and-10 Year Bar(s) to Re-Entry: This is a ground of inadmissibility under the Immigration and Nationality Act (INA). It is a penalty applied to those unlawfully present in the United States that was established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). A foreign national, who departs the United States after being unlawfully present in the United States for more than 180 days, but less than one year and before removal (deportation) proceedings begin, is barred from re-entering the United States for three years. Foreign nationals unlawfully present in the United States for one year or more who depart the United States are barred from returning to the United States for ten-years. The three and ten year bars are triggered when the foreign national departs the United States. “A” number: The USCIS file number used to identify non-citizens’ immigration files. An individual should have their A-number ready whenever contacting USCIS so their file can be located. On newer versions of Permanent Resident cards, the “A” number is called the “USCIS” number. The “A” number is noted on the Alien Registration and Permanent Resident cards (green cards). It is an “A” or “USCIS#” followed by either eight or nine numbers. For example: A12 345 678 or USCIS# 200 345 678. The “A” number is also found on all official notices and communications from USCIS and immigration court. Accredited Representative: An Accredited Representative is a person approved to represent immigrants before one of the bureaus of DHS: USCIS, ICE, and CBP and/or the immigration court. An accredited representative must work for a specific nonprofit, religious, charitable, 2 Common Terms social service, or similar organization that is also recognized to represent immigrants. As of January 2017, the DOJ rather than the BIA (Board of Immigration Appeals) now administers the recognition and accreditation program for organizations and individuals. Abandonment of Residence: A determination made by USCIS or an immigration judge or BIA that effectively revokes a Lawful Permanent Resident’s (LPR’s) green card status. A determination of abandonment of residence can occur if, for example, the LPR’s primary residence is outside the United States, or year after year the LPR spends more time abroad than inside the United States. Adjustment of Status: The process a person goes through inside the United States to change immigration status to become a lawful permanent resident. This is different from a “change of status” from one non-immigrant status to another (ex. F1 student to H-1B worker). For those applying for permanent residence outside of the United States, the process is called “consular processing.” Admissible: Anyone who applies to enter the United States, no matter how long they plan to be here or whether they already have a green card, is checked to be sure they are admissible. This also applies to people inside the U.S. who are applying for a different immigration status, like permanent residency. This means that the person must not fall under any of the grounds of inadmissibility (see “Inadmissibility, grounds of”). An applicant for Lawful Permanent Resident (LPR) status, must be admissible in order to qualify for permanent residence. Advance Parole: Before a non-citizen departs the United States, they can apply for prior authorization from USCIS to leave the United States temporarily and then re-enter the United States after certain types of trips. This is for people who have certain applications for immigration benefits pending (ex. adjustment of status or asylum) or who were already granted a temporary immigration benefit, such as Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA). Aggravated Felony: A term used in immigration law to refer to a broad category of criminal offenses that carry certain severe immigration consequences. They are the most damaging type of criminal convictions for immigration purposes because they can prevent people from obtaining asylum, legal permanent resident status, citizenship, relief from removal (deportation) proceedings and can trigger mandatory detention. Some examples of aggravated felonies include murder, rape, sexual abuse of a minor, misdemeanor marijuana sales, certain domestic violence convictions and certain theft offenses. The term “aggravated felony” does not have the same meaning when used in the criminal justice system. Asylum: The status granted to a person who has left his/her home country due to a well-founded fear of persecution and who applies for protection while at the border or in the United States. A well-founded fear of persecution means that the person has been or may be victimized for his/ her political opinion, race, nationality, religion or membership in a particular social group. A person granted asylum in the United States is referred to as an “asylee.” [See also the definition of “Refugee”] Beneficiary: The immigrant who is petitioned for or sponsored by a family member (U.S. citizen, LPR, or Asylee) or an employer. Common Terms 3 Bona Fide: Meaning real or good faith application, petition, or relationship. For example, for a marriage to be bona fide, the couple’s goal when they married must have been to enter into a real marital union, not solely to get a green card. Cancellation of Removal: To apply for Cancellation of Removal you must have an open deportation or removal case in immigration court.
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