Derivative beneficiaries – A spouse or children who immigration benefit from a principle beneficiary.
Detention – the act of holding a noncitizen in custody
Department of Homeland Security (DHS) -
Disabled persons citizenship – persons with disabilities are accommodated, and hearings and some requirements can be waived.
Disfavored group – in asylum cases, the targeting and persecution of a minority group in an alien’s country of origin.
Diversity immigrants – immigrants (including their spouses and children) selected from a lottery procedure from foreign countries in order to become lawful permanent residents.
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.
DOS advisory opinion – legal opinions issued by the Department of State concerning immigration issues.
Dual citizenship – A status long recognized by United States law whereby a naturalized United States citizen maintains his or her nationality from their country of origin.
Dual intent doctrine – A concept concerning nonimmigrant visas which allows a nonimmigrant to demonstrate the intent to remain in the United States only temporarily, but have both a short-term intent to leave the United States and a long term intent to remain permanently.
D visa – visa that applies to certain types of crewmen.
E-1 visa – treaty trader visa for noncitizen entering the United States based upon a treaty of friendship, commerce and navigation, Bilateral Investment Treaty, or other arrangements such as NAFTA, which exist between the United States and a foreign country.
E-2 visa – treaty investor visa for noncitizen entering the United States based upon a treaty of friendship, commerce and navigation, Bilateral Investment Treaty, or other arrangements such as NAFTA, which exist between the United States and a foreign country.
E-3 visa – allows person to enter the United States solely to perform services in a specialty occupation in the United States if the alien is a national of Australia and files a labor attestation under INA section 212(t)
EB-1 visa – visa that applies to noncitizen that has an extraordinary ability in sciences, arts, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation and who seeks to continue to work in the United States in that area of extraordinary ability and the entry substantially will benefit the United States. Also allows for the spouses and children of the applicant to accompany or follow the applicant to the United States.
EB-2 visa – visa that applies to members of professions holding an advanced degree or the equivalent, or who because of their exceptional ability in the sciences, arts, or business will substantially benefit the United States economy, cultural or educational interests, or the welfare of the United States, and whose services are sought by an employer in the United States. The applicant must possess an advanced degree or its equivalent in education and work experience. Also allows for the spouses and children of the applicant to accompany or follow the applicant to the United States.
EB-3 visa – visa that applies to professionals, skilled and other workers seeking to work in the United States. Also allows for the spouses and children of the applicant to accompany or follow the applicant to the United States.
EB-4 visa – a visa for special immigrants including religious workers with at least 2 years of prior experience, and who will work at least 35 hours per week as a minister, imam, priest, rabbi, etc., for a bona fide nonprofit religious organization. Also allows for the spouses and children of the applicant to accompany or follow the applicant to the United States.
EB-5 visa – a visa that allows for conditional residency for investors (and their spouses and children) who invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs at least 10 United States citizens or authorized immigrant workers full time, and engage the business through day to day management or policy formation.
Employ American Workers Act – a law which prohibits the hiring of an H-1B applicant by any company accepting TARP funds unless it is in compliance with the H-1B dependent employer provisions.
Employer sanctions – in immigration law, sanctions and penalties for an employer, company, or corporation for hiring, recruiting, or paying a person not authorized to work in the United States. There are civil penalties for first, second, and third offenses. There are criminal penalties for a pattern or practice of violations, or for hiring 10 or more aliens during a 12 month period knowing they are not authorized to work and that they entered the United States in violation of INA section 274.
Employment authorization – The regulations establish 3 categories of persons eligible to for employment authorization (1) persons authorized for employment incident to status; (2) persons authorized to work for a specific employer incident to status; and (3) persons who must apply for permission to work. Persons in the first (with some exceptions) and third categories must apply for an Employment Authorization Document (EAD) on form I-765.
Employment based immigration – The 5 categories of noncitizen workers referenced in EB-1, EB-2, EB-3, EB-4, and EB-5.
Employment based petitions – Employment based immigration (with the exception of special immigrants, persons of extraordinary ability, NIW cases, and investors) require the employer or prospective employer to submit a petition in accordance with legal requirements.
Entry without inspection (EWI) –the entry into the United States by an individual without submitting to inspection by United States Customs and Border Patrol officers/agents.
EOIR-26 – Immigration form. Notice of Appeal from a Decision of an Immigration Judge.
EOIR-26A – Immigration form. Fee Waiver Request.
EOIR-27 – Immigration form. Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals.
EOIR-28 – Immigration form. Notice of Entry of Appearance as Attorney or Representative before the Immigration Court.
EOIR-29 – Immigration form. Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer.
EOIR-30 – Immigration form. OCAHO Subpoena Form.
EOIR-31 – Immigration form. Request for Recognition as a Nonprofit Religious, Charitable, Social Service, or Similar Organization Established in the United States.
EOIR 33/BIA – Immigration form. Alien’s Change of Address Form/ Board of Immigration Appeals.
EOIR-33/IC – Immigration form. Alien’s Change of Address Form/ Immigration Court.
EOIR 40 – Immigration form – Application for Suspension of Deportation.
EOIR-42A – Immigration form. Application for Cancellation of Removal for Certain Permanent Residents.
EOIR-42B – Immigration form. Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.
EOIR-44 – Immigration form. Immigration Practitioner Complaint Form.
EOIR-45 – Immigration form. Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case.
Equitable tolling – A Plaintiff’s excusable ignorance of limitations period and lack of prejudice to the Defendant.
Exceptional hardship waiver – Section 212(e) waiver – There are discretionary grounds that permits the denial of a 212(h) waiver in cases involving violent or dangerous crimes unless there are extraordinary circumstances. Extraordinary circumstances include national security or foreign policy considerations or where an applicant demonstrates exceptional and extremely unusual hardship. The regulation notes that even a showing of extraordinary circumstances may be insufficient to warrant a favorable exercise of discretion.
Expatriation – the denaturalization of a person through a court proceeding, an administrative proceeding, or as the result of a criminal conviction for knowingly procuring naturalization by fraud where the sentencing judge strips the person of his or her citizenship.
Expedited removal - A legal procedure created by Congress for the expedited removal of persons deemed inadmissible at the border, or persons present in the United States without being admitted or paroled within 100 miles of the border.
Extended Voluntary Departure – programs that permit the delay in the removal of persons from particular countries who fear return because of political or other changes in their country of origin.
Extraordinary circumstances (asylum cases) – the events or factors directly related to the failure to meet the 1 year deadline requirement.
Extreme hardship (INA Section 212(h) waiver; INA Section 212(i) waiver) - A person may obtain a waiver if he or she is the spouse, parent, son, or daughter of a United States citizen or lawful permanent resident who would suffer extreme hardship if the person is deported.
Failure to Depart After Deportation Order – willful failure to depart the United States within 90 days of a final deportation order or to present oneself pursuant to bag and baggage letter is a felony punishable up to 4 years (or 10 years if person is deportable under smuggling, criminal offense, security, or failure to register/falsification of documents grounds).
False claim of citizenship – a person who falsely and willfully represents him or herself to be a citizen of the United States, or makes a false statement that they are a citizen with intent to obtain a benefit, is subject to criminal prosecution. There are also severe immigration consequences as well.
Family sponsored immigration – lawful permanent resident or United States citizen can sponsor family members to come to the United States.
Family sponsored immigration preference categories – The preference system is divided between family preferences. First preference includes unmarried sons and daughters of United States citizens. Second preference includes spouses and unmarried children and sons and daughters of lawful permanent residents. Third preference includes married sons and daughters of United States citizens. Fourth preference includes the brothers and sisters of United States citizens.
Farm workers – can obtain an H-2A visa, which applies to agricultural workers.
Fast track pleas – A 4 level downward departure is offered to some Defendants under Federal sentencing guidelines who plead guilty or no contest, and agree to waive the right to file pretrial motions, appeals, and requests for collateral relief.
Fast track visa - see H-1B1 visa
Female genital mutilation – victims and potential victims of female genital mutilation may seek asylum in the United States on humanitarian grounds.
First preference - classification used in employment based and family based immigration petitions
Fleuti doctrine – tradition requirement (which has been challenged and modified) that a lawful permanent resident (LPR) was not deemed to make a new admission upon his or her return to the United States from a trip abroad if the trip was “innocent, casual, and brief” and not meaningfully interruptive of the LPR’s status”.
Foreign residency requirement – certain exchange visitors are required to return to their home country or country of last residence upon completion of their United States training before they may apply for an immigrant visa, adjustment of status, or change of status to another non immigrant visa. The USCIS can grant a waiver of this upon a favorable recommendation by the Department of State.
Foreign Sovereign Immunities Act – the sole basis for jurisdiction in any action where a foreign state is a Defendant in a lawsuit in the United States District Court. It generally grants immunity to foreign sovereigns, ministries of foreign sovereigns, and officials acting on behalf of foreign sovereigns, unless an exception exists or the government has waived immunity.
Forfeiture – CBP and ICE may seize and forfeit that which “has been or is being used in the commission or a violation of any statutory authority involving the unlawful introduction of aliens, contraband, or proceeds of such introduction.
“Found in” U.S. after removal – a person “found in” the United States after having been deported is subject to criminal penalties.
Fourth preference - classification used in employment based and family based immigration petitions
Frivolous appeal – in asylum cases, if the applicant is deemed to have knowingly made a frivolous application after being notified of the consequences, he or she shall be permanently ineligible for benefits under this act.
Fugitive status – person who is unlawfully in the United States that is subject to arrest due to a warrant.
F visa – a visa status afforded to foreign students to temporarily enter the United States in order to solely pursue a full course of study.
Good moral character – In 2 of the most common forms of relief concerning immigration cases (voluntary departure and cancellation of removal for person who are not lawful permanent residents), the applicant must establish that he or she has been a person of good moral character for the requisite period of time in order to receive the relief requested. The law lists a number of factors that show that a person is not of good moral character such as criminality, drunkenness, drug offender, etc.
G-28 – Immigration form. Notice of Entry of Appearance as Attorney or Accredited Representative
G-28I – Immigration form. Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States.
G-325 – Immigration form for biographic information.
G-325A – Immigration form for biographic information.
G-325B – Immigration form for biographic information.
G-325C – Immigration form for biographic information.
G-639 – Immigration form. Freedom of Information Act (FOIA)/Privacy Act Request.
G-845 - Immigration form. Verification Request (SAVE Agencies).
G-845 Supplement – Immigration form. Document Verification Request Supplement.
G-884 – Immigration form. Return of Original Documents.
G-1041 – Immigration form. Genealogy Index Search Request.
G-1041A – Immigration form. Genealogy Records Request.
G-1145 - Immigration form. E-Notification of Application/Petition Acceptance.
G visa – visa for persons (and family members) of workers of a foreign government, diplomats, or international organizations. G-1, G-2, G-3, G-4, and G-5 visas are separate provisions of this type of visa
H/L visa holders –
H-1A visa – category of visa that applies to nurses
H-1B visa – visa for persons in a specialty occupation requiring a bachelor’s degree or higher. The employer must obtain certification of a labor condition application, and the employee must receive the required wage amount, along with other conditions
H-1B1 visa - (Chile, Singapore, Free Trade Agreements) – For persons in a “special occupation” that requires (i) theoretical and practical application of a body of specialized knowledge and (ii) the attainment of a bachelor’s degree or higher in the specific specialty or alternate credentials when allowed.
H-1C – permits foreign trained nurses to work temporarily at hospitals in Health Professional Shortage Areas (HPSA)
H-2A visa – visa for foreign agricultural workers seeking to enter the United States to perform temporary or seasonal agricultural labor or services.
H-2B visa – visa for non agriculture temporary workers performing a temporary job in accordance with the employer’s need.
H-3 visa – visa for a temporary worker invited by an individual or organization for purposes of receiving instruction and training other than graduate medical education or training. The proposed training must not be available in the worker’s home country to pursue a career outside of the United States.
Habeas corpus – a writ to bring a person and their cause of action before a Court.
Homosexual and Lesbian persecution – possible grounds for an asylum petition
HPSA - Health Professional Shortage Area – pertains to H-1C visas.
H visa – visas pertaining to workers, employees, and trainees.
iCERT- system for an employee or owner of company (not its lawyer or agent) to electronically file Labor Certification applications.
ICE – Immigration and Customs Enforcement
I-9 – Immigration form. Employment Eligibility Verification.
I-9 CNMI – Immigration form. Employment Eligibility Verification CNMI.
I-90 – Immigration form. Application to Replace Permanent Resident Card.
I-102 – Immigration form. Application for Replacement.Initial Nonimmigrant Arrival-Departure Document.
I-129 – Immigration form. Petition for Nonimmigrant Worker.
I-129F – Immigration form. Petition for Alien Fiance.
I-129S – Immigration Form. Nonimmigrant Petition Based on Blanket L Petition.
I-130 – Immigration form. Petition for Alien Relative.
I-131 – Immigration form. Application for Travel Document.
I-134 – Immigration form. Application of Support.
I-140 – Immigration form. Immigrant Petition for Alien Worker.
I-191 - Immigration form. Application for Advance Permission to Return to Unrelinquished Domicile.
I-192 – Immigration form. Application for Advance Permission to Enter as Nonimmigrant.
I-193 – Immigration form. Application for Waiver of Passport and/or Visa.
I-212 – Immigration form. Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
I-243 – Immigration form. Application for Removal.
I-290B – Immigration form. Notice of Appeal or Motion.
I-360 – Immigration form. Petition for Amerasian Widow.
I-361 – Immigration form. Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian.
I-363 – Immigration form. Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-359 Amerasian.
I-485 – Immigration form. Application to Register Permanent Residence or Adjust Status.
I-485 Supplement A – Immigration form. Supplement A to form I-485.
I-485 Supplement B – Immigration form. NACARA Supplement to form I-485 Instructions.
I-485 Supplement C – Immigration form. Instructions for I-485 Supplement C, HRIFA.
I-485 Supplement E – Immigration form. Instructions for I-485 Supplement E.
I-508 – Immigration form. Waiver of Rights, Privileges, Exemptions and Immunities (under Section 247(b) of the INA).
I-508F – Immigration form. Waiver of Rights, Privileges, Exemptions, and Immunities.
I-526 – Immigration form. Immigrant Petition by Alien Entrepreneur.
I-539 – Immigration form. Application to Extend/Change Nonimmigrant Status.
I-539 Supplement A – Immigration form. For persons seeking V nonimmigrant status while in the United States or extension of V status.
I-551 – Alien Registration Receipt Card (green card)
I-566 – Immigration form. Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO status
I-589 – Immigration form. Application for Asylum and Withholding of Removal.
I-600 – Immigration form. Petition to Classify Orphan as an Immediate Relative.
I-600A – Immigration form. Application for Advance Processing of Orphan Petition.
I-601 – Immigration form. Application for Waiver of Grounds of Inadmissibility.
I-602 – Immigration form. Application By Refuge for Waiver of Grounds of Excludability.
I-612 – Immigration form. Application for Waiver of the Foreign Residence Requirement (under section 212(e) of the Immigration and Nationality Act as Amended.
I-643 – Immigration form. Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status.
I-687 – Immigration form. Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act.
I-690 – Immigration form. Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act.
I-693 – Immigration form. Report of Medical Examination and Vaccination Record.
I-694 – Immigration form. Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.
I-698 – Immigration form. Application to Adjust Status from Temporary to Permanent Resident (under Section 245A of the INA)
I-730 – Immigration form. Refugee/Asylee Relative Petition.
I-751 – Immigration form. Petition to Remove the Conditions of Residence.
I-765 – Immigration form. Application for Employment Authorization.
I-777 – Immigration form. Application for Replacement of Northern Mariana Card.
I-800 – Immigration form. Petition to Classify Convention Adoptee as an Immediate Relative.
I-800A – Immigration form. Application for Determination of Suitability to Adopt a Child from a Convention Country.
I-817 – Immigration form. Application for Family Unity Benefits.
I-821 – Immigration form. Application for Temporary Protected Status.
I-824 – Immigration form. Application for Action on an Approved Application or Petition.
I-829 – Immigration form. Petition by Entrepreneur to Remove Conditions.
I-854 – Immigration form. Inter-Agency Alien Witness and Informant Record.
I-864 – Immigration form. Affidavit of Support Under Section 213A of the Act.
I-864A – Immigration form. Contract Between Sponsor and Household Member.
I-864EZ – Immigration form. Affidavit of Support Under Section 213A of the Act.
I-864P – Immigration form. Poverty guidelines.
I-864W – Immigration form. Intending Immigrant’s Affidavit of Support Exemption.
I-865 – Immigration form. Sponsor’s Notice of Change of Address.
I-881 – Immigration form. Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)).
I-905 – Immigration form. Application for Authorization to Issue Certification for Health Care Workers.
I-907 – Immigration form. Request for Premium Processing Service.
I-912 – Immigration form. Request for Fee Waiver.
I-914 – Immigration form. Application for T Nonimmigrant Status.
I-918 – Immigration form. Petition for U Nonimmigrant Status.
I-924 – Immigration form. Application for Regional Center Under the Immigrant Investor Pilot Program.
I-924A – Immigration form. Supplement to form I-924.
I-929 – Immigration form. Petition for Qualifying Family Member of a U-1 Nonimmigrant.
IJ Hearing – hearing before an Immigration Judge concerning an immigration related issue.
Immigrant visa – visa obtained by a non citizen that is employment based, family sponsored, or otherwise lawfully obtained.
Immigration Bond – conditions placed upon a noncitizen facing possible deportation to ensure that they appear for Court hearings and/or removal, and to help protect society from danger in certain instances.
Immigration forms – certain immigration pleadings need to be filed on standardized forms in order to be properly received and considered.
Immigrant Investor Pilot Program – see EB-5
Immigration judges – Judges designated to hear immigration matters including trials.
In absentia hearings - usually refers to a hearing on a deportation order where the individual failed to appear.
Inadmissibility hearing – hearing based upon health related grounds, economic grounds, criminality, morality, violation of INA laws regarding entry or documentation, fraud, material misrepresentation, impermissible immigrant intent, or other grounds to deny a person entry into the United States or to remove them from the country.
Inadmissible grounds - health related grounds, economic grounds, criminality, morality, violation of INA laws regarding entry or documentation, fraud, material misrepresentation, impermissible immigrant intent, or other grounds in which a determination can be made for a non citizen to be found inadmissible.
Ineffective assistance of counsel – the poor or erroneous performance of a lawyer on behalf of a client that leads to a negative consequence. Ineffective assistance of counsel is a possible ground in immigration matters to challenge a negative result.
Interlocutory appeal with BIA – the Board of Immigration Appeals will entertain (albeit rarely) an interlocutory appeal where a significant issue is raised that affects the administration of immigration laws.
International Marriage Broker Regulation Act – creates a requirement of K-1 and K-2 petitioners to provide any criminal record prior to the approval of their petition. It also provides regulation to marriage brokers.
International Organizations Representative - can apply for C visas or G visa.
Investors visa – see EB-5 visa
ISAP – Intense Supervision Appearance Program – tether system for some individuals granted supervised release. It is used for individuals who are (1) in removal proceedings who have not been issued a final order of removal and may be a flight risk; (2) those who have been issued final orders of removal and are considered potentially dangerous but cannot be held any longer; and (3) those with final orders of deportation who have been released and have failed to comply with the conditions of their release.
I visa – visa for a bona fide representative of the foreign press, radio, film, or other foreign information media.
Joseph hearing – a hearing by Immigration Judges to determine whether or not a person is subject to mandatory detention.
Judicial recommendation against deportation (JRAD) – It was largely abolished. JRAD can be considered in contemplation of deportation, good moral character, and discretionary relief.
J visa – visa for nonimmigrant visitor who is a research scholar, bona fide trainee or intern, teacher, specialist, camp counselor, foreign physician, summer student in a program, au pair or other qualified individual.
K-1 visa – visa for a fiancé of a United States citizen to marry the United States citizen within 90 days of entry.
K-2 visa – visa for the children of a fiancé of a United States citizen to marry the United States citizen within 90 days of entry.
K-3 visa –visa for a person who has a valid marriage to a United States citizen in which the United States citizen has filed an I-130 petition on his or her behalf, and he or she seeks to enter the United States to await the approval. This also includes minor children of the beneficiary.
K-4 visa –visa for spouses awaiting IVs and their children
Labor certification (LC) – requirement in employment based immigration cases
L visas –visa for intracompany transferee seeking admission into the United States
Labor condition applications (LCAs) – Before an H-1B petition can be filed the employer must obtain certification of a labor condition application from the Department of Labor in the occupation specialty. It is filed on Form 9035E through iCERT.
Lawful admission – legal entry into the United States through a border or adjustment of status.
Lawful Permanent Residents (LPRs) – green card holders.
Lawfully present as a condition -
Lozada requirements – criteria to determine ineffective assistance of counsel claims in immigration matters.