Marriage to U.S. Citizen – possible method of immigration to the United States. See K-1 visa.

Marriage fraud – a marriage to a United States citizen for the purpose of obtaining an immigration benefit. This matter can be pursued criminally, and it can act as a bar to future residency in the United States.

Medical waiver – people who lost ability to learn English due to a medical condition can have language requirement waived for naturalization.

Moral turpitude crimes - statutorily designated offenses that subject a noncitizen to removal or deportation.

Motion to reopen – form of relief involving new evidence when a case is denied.

M visa – visa available to vocational students

N-4 – Immigration form. Monthly Report Naturalization Papers.

N-300 – Immigration form. Application to File Declaration of Intention.

N-336 – Immigration form. Request for a Hearing on a Decision in Naturalization Proceedings (under Section 336 of the INA)

N-400 – Immigration form. Application for Naturalization.

N-426 – Immigration form. Request for Certification of Military or Naval Service.

N-470 – Immigration form. Application to Preserve Residence for Naturalization Purposes.

N-565 – Immigration form. Application for Replacement Naturalization/Citizenship Doctrine.

N-600 – Immigration form. Application for Certificate of Citizenship.

N-600K – Immigration form. Application for Citizenship and Issuance of Certificate Under Section 322.

N-644 – Immigration form. Application for Posthumous Citizenship.

N-648 – Immigration form. Medical Certification for Disability Exceptions.

Naturalization – the process for a noncitizen to gain United States citizenship.

Naturalized citizen – an individual not originally a citizen of the United States who gains United States citizen through legal process.

NIV status - Non immigrant visa status. While it is possible to have more than one valid visa in a passport, a person cannot hold more than one nonimmigrant status in the United States at one time. It is possible to change from one NIV status to another pursuant to immigration law.

Nonimmigrant status - While it is possible to have more than one valid visa in a passport, a person cannot hold more than one nonimmigrant status in the United States at one time. It is possible to change from one NIV status to another pursuant to immigration law.

Notice of intent to deny (NOID) – before USCIS denies an application, they sometimes provide an additional opportunity to submit further information or documents to substantiate the petition filed. Failure to provide the information, and to cure the deficiencies in the petition, results in a denial being entered.

Notice to appear in Court – notice given of proceedings, and to appear at those proceedings, usually involving the denial of a benefit, or deportation.

NSEERS – National Security Entry-Exit Registration System. NSEERS established a registration system, including interviewing, fingerprinting, photographing, for certain persons entering, exiting, and remaining in the United States.

Nunc pro tunc permission to reapply for admission – may be permitted if alien is inadmissible because of a previous deportation, if otherwise admissible.

Nurses – possible to obtain visa as an EB-2; H-1A; H-1B; H-1C; and H-3 trainee

NVC – National Visa Center handles immigrant visa processing, along with consular posts.

N visa – Parents and children of G-4s and NATO employees that are accorded special immigrant status.

OCAHO review – the Officer of Chief Administrative Hearing Officer (OCAHO) oversees administrative law Judge proceedings in Unfair Immigration Related Employment Practice, Employer Sanction cases, and fine proceedings.

O visa – visa for a person with an extraordinary ability in the sciences, arts, business, or athletics which has been demonstrated by sustained national or international acclaim. If in motion picture or TV production, the person must have demonstrated a record of extraordinary achievement. This can also apply to a necessary person accompanying and assisting the O visa applicant.

Overstay of visa – persons unlawfully present in the United States beyond the terms and/or conditions of their visa.

Padilla Requirements – non citizen must be informed of immigration consequences prior to, or as part of, the plea taking process in a criminal matter.

PERM – Program Electronic Review Management. Special requirement for employment based petitions.

Permanent residence cards – green cards

Petty offense exception – An alien (whether or not a minor) is not inadmissible if the crime involving moral turpitude is for a petty offense. A conviction or admission is considered a petty offense if the maximum penalty possible for the crime of which the alien was convicted did not exceed one year of imprisonment and, if the alien was convicted of such a crime, the alien was not sentenced to a term of imprisonment in excess of 6 months. If there is no conviction but the person admits facts, the petty offense exception applies and the alien is not inadmissible so long as the maximum sentence that could have been imposed does not exceed 1 year. The petty offense exception is not applicable if more than one crime involving moral turpitude offense has been committed or admitted.

Physicians, Doctors – possible to obtain B-1 visa, EB-2 visa, H-1B visa, H-2B visa, H-3 externship, J visa, O visa, and TN visa depending upon the circumstances.

Pleading Guilty or Admitting to a Crime, Immigration Consequences – possible basis for deportation, depending on the nature of the offense, and in some cases the alien’s prior history

PORTPASS – a system that designates low risk border crossers to allow expedited crossing.

Prehearing – proceedings are initiated by the filing of a notice to appear with the immigration court. It provides the parties with the opportunity to appear before the Immigration Judge where issues can be resolved, and decisions made, concerning an immigration matter.

Premium processing – guarantees the adjudication of certain employment based petitions with 15 calendar days if the petitioner pays a premium fee.

Presumptions against admissibility – the applicant has the burden of proof under the family preference, employment based, and special immigrant categories.

Presumption of deportability – established burden of proof for family based applicants, employment based, and special immigrant categories.

Prevailing wage for H-1B – the prevailing wage must be determined at the time of the filing of the Labor Condition Application. The prevailing wage is determined by the collective bargaining agreement if one exists that pertains to the occupation.

Priority date – date that determines the order of visa availability.

Prosecutorial discretion – a broad spectrum of discretionary enforcement decision including: whether to charge an individual; what charge to bring; to drop any charges in an ongoing case; and to settle a case by plea bargain.

Prostitution – prostitutes or persons who have engaged in or sought to engage in prostitution or to procure prostitutes within the past 10 years or seek to enter the United States to engage in prostitution are inadmissible.

P visa – visa available for athletes, artists, entertainers, group entertainers

Quota system for immigration - a system that sets the maximum number of visas issued per fiscal year, which is divided into 3 categories: family sponsored, employment based, and diversity immigrants.

Q visa – visa available for participants in an international cultural exchange program

REAL ID Act of 2005 – legislation that reformed areas of immigration law, including asylum petitions, withholding of removal, burdens of proof and other forms of relief, the definition of terrorism, judicial review of claims, drivers license standards, cap numbers for H-2B workers, E-3 Australians, and the recapture of unused EB visas.

Reasonable fear determination – a person subject to expedited removal or reinstatement of removal who expresses a fear of returning to his country of removal will be given a reasonable fear interview by asylum officer. IF the applicant is determined to have a reasonable fear, he or she will be referred to an Immigration Judge for consideration of withholding of removal.

Reason to believe – a standard of proof which the BIA has equated with probable cause.

Reason to believe person is a Drug Trafficker – an inadmissibility ground includes if the United States knows or has reason to believe is a trafficker in any controlled substance or knows or has reason to believe is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking of any controlled substance. A conviction is unnecessary if the Department of Homeland Security has reason to believe the person is a trafficker.

Reentry after removal – an alien’s reentry into the country after being removed can lead to both criminal law and immigration law sanctions.

Refugee – any person outside his or her country of nationality who because of a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion is unable or unwilling to return to that country, and is unable or unwilling to avail him or herself to the protection of that country.

Regional center – EB-5 regional centers – any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

Reinstatement of removal orders – Where AG finds a person removed or given a VD under an order of removal re-enters the United States illegally, the Department of Homeland Security can reinstate the prior order of removal and the person may not seek to reopen the original order, review the reinstated order, or seek relief from the removal.

Relief from removal – A person seeking relief from removal may be eligible for several forms of relief, including: voluntary departure, cancellation of removal, adjustment of status, asylum, withholding of removal, protection under CAT, certain waivers of removability or inadmissibility, nunc pro tunc permission to reapply after removal, estoppels, collateral attack of a previous removal order, deferred action, and private legislation.

Removal proceedings – court proceedings concerning the removal of an alien.

Requests for Evidence (RFEs) – USCIS uses this authority where the information submitted is incomplete, or does not demonstrate a basis for eligibility for a benefit sought. Petitioner must comply with all reasonable documentary requests by the USCIS or suffer denial.

Revocation of asylum – Under limited circumstances an alien’s asylum status can be revoked.   For asylum, these include a showing of fraud, and other statutory reasons.

Revocation of status – the loss of an individual’s immigration status by an order of an immigration court.

Revocation of withholding – Under limited circumstances an alien may face revocation of  withholding. Withholding of removal may be terminated where there are changed conditions in the home country, there is fraud, and the applicant’s conduct has disqualified them as provided by immigration law.

R visa – visa available for religious workers working at least part time in that capacity.

Safe harbor provision – A NPWHC prevailing wage gives the employer safe harbor status, protecting him or her from any Wage and Hour Division investigation challenging the validity of the prevailing wage as long as it was proper.

Secondary Inspection – a more in depth inspection of an individual and property in their possession by a customs and border patrol officer.

Second preference - classification used in employment based and family based immigration petitions

Self removal – occurs when an alien who is served with a notice to appear fails to attend the court hearing, and leaves the country.

SEVIS – Student and Exchange Visitor Information System – There is a requirement that approved F, M, and J institutions to keep computerized data on students, exchange visitors, and accompanying family members, including current address and status at the institution.

Special immigrants – see EB-4.

Specialty occupations – see H-1B visa.

Specific vocational preparation (SVP)

Spousal abuse – a possible way for a victim and her children to obtain a visa. It is also a potential ground for the removal of an alien who pleads or admits to committing domestic violence. It is considered a crime involving moral turpitude.

Stowaways – stowaways, crewman, visa waiver applicants, visa waiver overstays, S applicants, and persons ordered removed under INA section 235(c) may be referred to an Immigration Judge for a limited hearing solely on asylum or withholding.

Successor employers – when there is a merger, buy out, corporate structure change, or other acquisition of a company, the new owner sill be considered as a successor in interest employer. Pertains to employment based petitions.

Supervised release - monitoring by ICE of an alien while in removal proceedings, or after an order of deportation has been entered.

Suspension of Deportation – cancellation of removal.  The elimination of an order for alien’s removal from the country through legal actions taken on behalf of the alien.

S visa- visa available for person acting as an informant for the United States government.

TARP H-1B visa - Prohibits the hiring of an H-1B by any company accepting TARP or Section 13 Federal Reserve funds unless it is in compliances with the H-1B dependent employer provisions. The provision is in effect until February 17, 2011.

Temporary Protected Status (TPS) -   a temporary safe haven in the United States for nationals of a foreign state is created if the attorney general determines that with respect to the foreign state that: there is an ongoing armed conflict that poses a serious threat to the personal safety of the country’s nationals if returned there; there is a disaster that is substantial creating a disruption in living conditions in which the foreign state is temporarily unable to handle the return of its nationals and requests help; OR there exists extraordinary and temporary conditions in the foreign state preventing its nationals from returning, unless having them continue here is against the national interest. This status exists for 6 to 18 months, unless extended.

Temporary worker – see E visa, L visa, H visa.

Ten year bar - a person who has been unlawfully present in the U.S. for one year or more consecutively and again seeks admission is barred for 10 years from the date of such person’s departure or removal from the US.

Third preference - classification used in employment based and family based immigration petitions

Three year bar - a person who has been unlawfully present in the U.S. for more than 180 days consecutively but less than 1 year, who voluntarily departs the US before commencement of proceedings, is barred for 3 years from the date of such person’s departure or removal from the US.

Third country processing - USCIS may grant advance parole (I-512) to pursue visa in a third country

T visa – visa for persons subject to “severe trafficking” (for example, forced servitude, forced sex trafficking, etc.) who are physically present in the United States, and who cooperate with the investigation or prosecution of such offenses, and would suffer extreme hardship involving unusual and severe harm upon removal.

TN visa – status for Canadian and Mexican citizens engaged in activities at a professional level. This category is similar to H-1B except there is no statutory limitation on stay and it generally covers a broader range of jobs.

Transit visa – see C visa.

Unlawful presence – a person is unlawfully present if he or she is present in the United States after the expiration of the period of stay authorized by the Secretary of the Department of Homeland Security or is present in the United States without being admitted or paroled.

USCIS – United States Customs and Immigration Services.

US VISIT Program – United States Visitor & Immigrant Status Indicator Technology Program – an automated entry and exit control system created by the Department of Homeland Security to track records of entries and departures, identify overstays, and identify persons posing a national security threat.

U visa – visa available for victims of crime that have cooperated in the investigation or prosecution of the criminal activity involved.

VAWA – Violence Against Women Act – The spouse, child or parent who is battered or subject to extreme cruelty may file a petition independently of the abusive United States citizen/ lawful permanent resident spouse or parent. The child of a battered spouse is included without a separate petition (with some limitations). The spouse or child must demonstrate that he or she resided with the United States citizen/ lawful permanent resident, was battered or subject to extreme cruelty during the marriage, the marriage was entered into in good faith, he or she is otherwise eligible for IR or preference status, and has a good moral character. The statute does not require that the abuse to the child occur during the marriage or even that the marriage was bona fide.

VAWA petitioners - The spouse, child or parent who is battered or subject to extreme cruelty may file a petition independently of the abusive United States citizen/ lawful permanent resident spouse or parent. A VAWA self petitioner includes conditional residents, battered spouses and children of Cuban Adjustment, HRIFA and NACARA beneficiaries, as well as abused spouses, children (with some limitations), and parents. 

Victims of Trafficking and Violence Protection Act of 2000 – legislation that created visa categories for the victims of specified crimes that assist in the investigation or prosecution of those crimes. It also created grounds of inadmissibility for the perpetrators of certain crimes. It also broadened immigration protections for battered spouses and children.

Visa Waiver Program (VWP) – waiver of visa for persons from certain countries applying as a B-1/B-2 for a period not to exceed 90 days with a nonrefundable ticket.

Voluntary departure – the Department of Homelenad Security may grant voluntary departure to a person who agrees to depart the United States at his or her own expense in lieu of being subject to proceedings.

V visa – Visa for spouses (V-1) and children (V-2) of lawful permanent residents or dependent children of spouses (V-3) if the lawful permanent resident filed a I-130 petition for the spouse or child on or before December 21, 2000, and the petition is pending for 3 or more years, or the petition has been approved, but 3 or more years have elapsed and a visa number is not immediately available, or a visa number is available but the IV/AOS remains pending.

Waiver – different grounds sometimes available to overcome inadmissibility.

Western Hemisphere Travel Initiative (WHTI) requires United States citizens and Bermudian, Canadian, and Mexican nationals to present passports or other documents accepted by the Department of Homeland Security before entering the United States.

Withdraw of application – the withdraw of a pending application or petition before its approval or even after.

Withholding of removal – relief available for someone who failed to meet the one year deadline for filing asylum cases.