U.S. Immigration Glossary
Below are terms that you may encounter throughout your immigration journey. VisaSnap’s Application Guides provide detailed explanations of these terms and the complicated procedures involved with various types of visa and green card applications.
Customs and Border Protection (CBP)
Department of Homeland Security (DHS)
Employment Authorization Document (EAD) (“Work Permit”)
Family First Preference Immigrants
Family Second Preference Immigrants (2A)
Family Second Preference Immigrants (2B)
Family Third Preference Immigrants
Family Fourth Preference Immigrants
Immigration and Customs Enforcement (ICE)
Permanent Resident Card (“Green Card”)
Preference Immigrant Categories
U.S. Citizenship and Immigration Services (USCIS)
Accompanying Relatives
Accompanying Relatives are family members who are eligible to receive a family-based green card or marriage-based green card or U.S. visa (e.g., K-2 Visa) based on the principal applicant’s visa eligibility. Qualifying family members will include the principal applicant’s spouse and unmarried children under 21.
Adjustment of Status
Adjustment of Status is the process of obtaining lawful permanent residence (e.g., a family-based green card or marriage-based green card) without leaving the United States. Adjustment of Status should be distinguished from Change of Status, which refers to foreign nationals who change from one nonimmigrant status to another nonimmigrant status (e.g., a B-1 visa or B-2 visa to an H-1B Visa). Adjustment of Status is filed with form I-485 and is not available to all applicants who have violated their nonimmigrant status or entered the United States without inspection at a port of entry. Adjustment of Status is explained fully in all of VisaSnap’s Green Card Application Guides.
Admission
Admission is the process where a foreign national is physically and legally permitted to enter the United States (e.g., at an airport).
Advanced Parole
Advanced Parole (also known as Application for Travel Document, Form I-131) is a reentry permit for foreign nationals who wish to travel outside of the United States during a pending I-485 Adjustment of Status (e.g., changing from student status to a lawful permanent resident). Unless the foreign national has a valid H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3 and meets certain eligibility criteria, the I-131 must be filed in order to ensure entry into the United States following the filing of a I-485 Adjustment of Status.
Affidavit of Support
The I-864, Affidavit of Support, is one of the most important forms required for a Marriage Based Green Card or aFamily Based Green Card application. An affidavit of support is a guarantee to the U.S. government that a Marriageor family-based green card applicant will not become a public charge (someone who will need government financial assistance). The affidavit could be offered by the green card sponsor (the petitioner) or a close relative or friend who could provide financial assistance to the applicant in the event that such help would be necessary.
All petitioners, regardless of whether or not they have been recently working or living in the U.S. must submit a Form I-864, Affidavit of Support, for the beneficiaries of the petitions. Failure to do so will result in a rejection of the green card. If the Petitioner does not meet the requirements for the affidavit of support, the green card applicant can use a joint-sponsor (close relative or friend) to complete the I-864, Affidavit of Support. The requirements for the Affidavit of Support are very technical and failure to provide the correct information can result in a denial or delay of a Green Card application.
VisaSnap’s Marriage Green Card and Family Green Card Application Guides provide complete step-by-step guidance for green card applicants, including instructions about the I-864 Affidavit of Support. VisaSnap also provides an I-864, Affidavit of Support Supplement, for those applicants seeking specific instructions for how to use a joint-sponsor for the affidavit of support.
Alien
Any person who is not a citizen or national of the United States, including lawful permanent residents. Many people are offended by the term “Alien.” However, it is still important to know what Alien means when one goes through the immigration process because that is how the U.S. government refers to foreign nationals.
Beneficiary
A beneficiary is a person who is sponsored for a U.S. visa or U.S. green card by a family member or employer. Most green cards require an employer or family sponsor (e.g., marriage-based green cards or family-based green cards). Such green cards are initiated by a family member through an I-130 Petition that establishes the relationship between the beneficiary and U.S. sponsor. The U.S. sponsor is referred to as the Petitioner and the intending immigrant is referred to as the beneficiary because the intending immigrant receives the immigration“benefit,” such as the ability to apply for a green card or visa once the petition is approved.
Border Patrol
Customs and Border Patrol (CBP) is responsible for protecting the border areas of the United States by inspecting foreign nationals at airports and other ports of entry. CBP officers are stationed at airports and briefly interview foreign nationals when they enter the United States.s.
Change of Status
Change of Status is when a foreign national changes his or her nonimmigrant status (e.g., student status) to another nonimmigrant category (e.g., H-1B status) from within the United States. The foreign national is allowed to remain in the United States with his or her new status. However, the foreign national must apply for a new U.S. visa he or she wishes to travel outside of the United States and return at a later time (e.g., to take a business trip or vacation). U.S. visas cannot be obtained within the United States and the foreign nationals must apply for a new visa at a U.S. Consulate if they wish to travel out of the United States.
Citizen (U.S. Citizen)
A person with full rights to live, work, vote and travel to and from the United States. A person can be a citizen by being born in the United States, having a U.S. citizen parent, or through naturalization. For more information, please the VisaSnap U.S. Citizenship Application Guide.
Consular Processing
Consular processing is when a permanent residency (“Green Card”) applicant chooses to have the final interview and visa decision made at a U.S. Embassy or Consulate, and not within the United States. A green card beneficiary may proceed with Consular Processing if the beneficiary is already outside of the United States when the green card petition is filed by a family member or employer, or if the beneficiary is ineligible for Adjustment of Status. Note that Consular Processing occurs outside of the United States, whereas Adjustment of Status occurs inside the United States.
U.S. Consulate
A U.S. Consulate is an office of the U.S. Department of State. U.S. Consulates are located all over the world and are affiliated with a U.S. Embassy in a particular country. The Consulate’s main function is to process U.S. visas and Green Cards for foreign-nationals.
Customs and Border Patrol
Customs and Border Patrol (CBP) is responsible for protecting the border areas of the United States by inspecting foreign nationals at airports and other ports of entry. CBP officers are stationed at airports and briefly interview foreign nationals when they enter the United States.
Department of Homeland Security (DHS)
The Department of Homeland Security (DHS) is a large central government agency created after 9/11 mainly to protect the United States from terrorist attacks. The former INS became part of DHS in 2003 and three new agencies were created to administer and enforce U.S. immigration law: the U.S. Citizenship and Immigration Services (USCIS), Customs and Border Patrol, and Immigration and Customs Enforcement.
Department of Labor
The Department of Labor (DOL) is responsible for protecting native and foreign workers in the United States. The DOL is involved with many types of work visas and green cards.
Department of State
The Department of State (DOS), through its consulates and embassies located around the world, provides many services to foreign-nationals seeking to come to the United States. The DOS determines whether an applicant is eligible for a visa, a travel document which allows a person to travel to the United States. The DOS also is involved in some Marriage Green Card and Family Green Card applications when the beneficiary is residing outside the United States. The role of the DOS can be contrasted with that of the USCIS, which regulates immigration processing within the United States.
Diversity Visa Lottery
The Diversity Visa Lottery (also known as the lottery, or DV Lottery) is a green card program for people born in countries with historically low levels of immigration to the United States. The program is administered by the United States Department of State, which determines the eligible countries and makes 55,000 diversity visas (i.e., “green cards”) available each year. In order to enter the DV Lottery, a foreign-national, the foreign-national’s parents or the foreign-national’s spouse must be from an eligible country and you must have a high school degree (or its equivalent), or meet certain work experience requirements. To learn more about the DV Lottery and how to apply for a green card if you win, please the VisaSnap U.S. Diversity Lottery Application Guide.
Dual Citizenship
Dual Citizenship/Nationality is when a person has more than one nationality at the same time. It results from the fact that each country has different laws regarding nationality (e.g., if an American father and Korean mother give birth to a child outside of the United States, the child may acquire both U.S. Citizenship and Korean citizenship). Thus, it may be possible for someone to have more than one nationality. U.S. immigration law allows for Dual Nationality. For example, when a person naturalizes (i.e., becomes a U.S. citizen), the person does is not required to withdraw or revoke the nationality of his/her birth country. However, not all countries allow for Dual Citizenship/Nationality and many countries require a relinquishment of nationality upon naturalizing and becoming a U.S. citizen. For more information, please see the VisaSnap U.S. Citizenship Application Guide.
Employment Authorization Document (EAD) (“Work Permit”)
There is no document in the United States called a “Work Permit.” U.S. citizens and lawful permanent residents are free to work anywhere in the United States. Some nonimmigrants can work in the United States after receiving permission from USCIS referred to as Application for Employment Authorization (Form I-765). Examples of this last group include Marriage Green Card and Family Green Card applicants who applied for Adjustment of Status.
family first preference immigrants
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
Family First Preference Immigrants include unmarried children of U.S. citizens. The children must be over 21 to qualify for the this category. If the child is under 21 and unmarried then the child would be an immediate relative and would not have a waiting period. You can see current waiting times for Family First Preference Immigrants by viewing the State Department’s Visa Bulletin.
family second preference immigrants (2a)
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
Family Second Preference Immigrants (2A) include unmarried children of U.S. permanent residents. The children must be under 21 to qualify for the 2A category. You can see current waiting times for Family Second Preference Immigrants (2A) by viewing the State Department’s Visa Bulletin. For more information about Family Second Preference Immigrants (2A), please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
family second preference immigrants (2b)
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
Family Second Preference Immigrants (2B) include unmarried children of U.S. permanent residents. The children must be over 21 to qualify for the 2B category. You can see current waiting times for Family Second Preference Immigrants (2B) by viewing the State Department’s Visa Bulletin. For more information about Family Second Preference Immigrants (2B), please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
family third preference immigrants
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
Family Third Preference Immigrants include married children of U.S. citizens. Family Third Preference Immigrants tend to have longer waiting times to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin. For more information about Family Third Preference Immigrants, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
family fourth preference immigrants
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
Family Fourth Preference Immigrants include brothers and sisters of U.S. citizens. The U.S. citizen must be over 21 years old to sponsor the relative for a family-based green card. Family Fourth Preference Immigrants tend to have the longest waiting period to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin. For more information about Family Fourth Preference Immigrants, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
Green Card
A US green card (“Permanent Resident Card”) is what most people call the I-551 card (Alien Registration Receipt Card). The green card is given to foreign-nationals when they gain lawful permanent residence in the United States. The card used to be green hence the name “Green Card.” Having a green card or lawful permanent residence is similar to U.S. citizenship in that possession of the US green card allows a foreign-national to freely travel in and out of the United States without a visa and work anywhere in the United States. Unless a foreign-national abandons his or her residence in the United States or commits certain types of crimes or other immigration violations, a green card cannot be taken away, with the exception of Conditional Permanent Residency Cards. Green Card holders must renew their green card every ten years. After 3 or 5 years, Green Card holders may apply for U.S. citizenship. For more information about green cards, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
immediate relative
An Immediate Relative is a foreign national applying for a US family green card or marriage green card who is either: (1) a U.S. citizen’s unmarried child under the age of 21; (2) a U.S. citizen’s spouse; or (3) a U.S. citizen’s parent if the U.S. citizen child is over 21. It is important to distinguish Immediate Relatives from Preference Relatives because there are no annual or country limits on the number of green cards available to Immediate Relatives. Preference Relatives, on the other hand, may have to wait several years before receiving a green card because there are annual and country limits on the number of Green Cards available. For more information about immediate relatives, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
immigrant
An immigrant is a foreign national who intends to permanently reside in the United States by applying for a US green card. All other foreign nationals living in the United States are considered nonimmigrants, for example those people with a nonimmigrant US visa. For more information about immigrants, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
immigrant visa
If a foreign national is approved family-based green card or marriage-based green card outside of the United States, he or she must enter the United States before getting the Green Card. The foreign national will receive an immigrant visa for the purpose of traveling to the United States and receiving their Green Card. For more information about immigrant visas, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
Immigration and Customs Enforcement (ICE)
Immigration and Customs Enforcement (ICE) enforces US. Immigration laws and is the agency responsible for the detention and deportation of foreign nationals within the United States.
Inadmissibility
Inadmissibility refers to why a foreign national may be “inadmissible” and therefore disqualified from receiving a US green card or US visa. The most common grounds for inadmissibility are due to health problems, criminal history, and the inability of the foreign national to support himself in the United States. Also, lawful permanent residents who spend too much time outside of the United States may be found to have “abandoned” their U.S. residency and therefore inadmissible without re-applying for another visa, or reentry permit. There are exceptions and waivers for certain foreign nationals who are inadmissible and such applicants may wish to contact an immigration attorney to discuss potential legal options. For more information about inadmissibility, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide, or if you have a specific question, use the Find an Immigration Attorney link to ask your question.
Labor Certification (PERM)
Labor Certification (sometimes referred to as Labor Cert or PERM) is part of the employment-based green card process in which a U.S. employer must usually prove to the U.S. government that there are no willing and qualified U.S. workers available to fill a job being offered to a foreign national. The Labor Certification is required for most (but not all) employment-based green cards and filed with the U.S. Department of Labor. Upon certification of the PERM application, the sponsoring employer can begin the petition process with USCIS to sponsor the foreign national’s green card.
A Labor Condition Application (LCA)
A Labor Condition Application (LCA) is a document an H-1B employer must file with the U.S. Department of Labor indicating the conditions regarding your employment as an H-1B worker (e.g., salary for the position). The LCA is filed online and upon approval the employer will submit a copy of the LCA along with the H-1B visa petition to USCIS for adjudication. The LCA process generally takes about 1-2 weeks to complete. There are certain notice requirements that the employer is required to provide to its U.S. workers before filing the LCA, and other documents the employer must keep on file throughout the duration of the foreign national’s employment.
Lawful Permanent Resident (LPR)
A Lawful Permanent Resident (LPR) is a person given the right to be able to reside permanently and be employed in the United States. Lawful Permanent Residents receive green cards from USCIS. US green cards must be renewed every 10 years in general, but sometimes sooner. Please the VisaSnap Green Card Renewal & Replacement Application Guide for more specific information. For more information about how to become a permanent resident, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
Diversity Visa Lottery
The Diversity Visa Lottery (also known as the green card lottery) is a US green card program for people born in countries with historically low levels of immigration to the United States. The program is administered by the United States Department of State, which determines the eligible countries and makes available 55,000 diversity visas (i.e., “green cards”) each year. In order to enter for the DV Lottery, the applicant, the applicant’s spouse or parents must be from an eligible country and the applicant must have a high school degree (or its equivalent) or meet certain work experience requirements. For more information, please the VisaSnap DV Lottery Application Guide.
National Interest Waiver
A National Interest Waiver (NIW) is available to certain EB-2 green card applicants. If an applicant has a NIW, then the applicant does not need a job offer or Labor Certification to be able to get the EB-2 green card – normal requirements for EB-2 and EB-3 green cards. This is beneficial to the applicant because Labor Certification is expensive and time consuming. In order to be eligible for a NIW, the applicant must prove to USCIS that it is the “national interest” of the United States to waive the job offer and labor certification. NIWs are very difficult to obtain because labor certification protects U.S. workers (see Labor Certification) and USCIS has very high standards for granting a NIW.
National Visa Center (NVC)
The National Visa Center (NVC) is a private company under contract with the U.S. Department of State to assist in the collection of forms, payments, and Affidavit of Support forms to U.S. Consulates and Embassies. The NVC receives completed green card petitions and keeps the petitions until a green card can be issued. The NVC begins the final part of the process by sending forms and instructions to the applicant and the applicant’s file to the U.S. Consulate.
Naturalization
Naturalization is the legal process for obtaining United States citizenship. Naturalization typically requires a foreign national to first possess a US green card for a number of years (e.g., 3 or 5 years depending on whether the foreign-national received a Marriage Based Green Card). Then the foreign national will apply for U.S. Citizenship (typically Form N-400), have an interview and take an English and U.S. civics covering U.S. history and government topics. For more information, please the VisaSnap U.S. Citizenship Application Guide.
nonimmigrant
A nonimmigrant is a person who comes to the United States for a temporary period of time to engage in a particular activity (e.g., study, work, travel). A nonimmigrant must intend to live in the United States only temporarily. A common reason for nonimmigrant visa denials (e.g., student, business, or tourists visas) is that the applicant cannot prove to the consular officer at the time of the visa interview that the applicant only intends to stay in the United States temporarily. Nonimmigrant should be contrasted with immigrant. For more information about nonimmigrant visas, please see the VisaSnap B-2 Visa Application Guide or the VisaSnap B-1 Visa Application Guide.
nonimmigrant visa
A nonimmigrant visa is given to a Nonimmigrant for the purpose of coming to the United States temporarily to engage in a particular activity. Typical examples of nonimmigrant visas include B-1 business visa and the B-2 tourist visa. Each type of nonimmigrant visa is given a name and category number by the U.S. government. Nonimmigrant visas are given for different lengths of time depending on the type of US visa. For example, a person traveling with a B-2 tourist visa can only stay for up to six months per trip. For more information about nonimmigrant visas, please see the VisaSnap B-2 Visa Application Guide or the VisaSnap B-1 Visa Application Guide.
Permanent Resident
A Permanent Resident (“Lawful Permanent Resident (LPR)” or “green card holder”) is a person entitled to live and work in the United States permanently. Typically, one becomes a permanent resident through sponsorship by an employer or family member through a family-based green card or marriage-based green card. A permanent resident retains his or her status permanently so long as he or she maintains residence in the United States, periodically renews his US green card, and does not commit certain types of crimes or immigration violations. Lawful Permanent Residents receive green cards from USCIS. US green cards must be renewed every 10 years in general, but sometimes sooner. After 3 or 5 years, Permanent Residents may apply for U.S. citizenship. Please the VisaSnap Green Card Renewal & Replacement Application Guide for more specific information on how to renew a green card. For more information about how to become a permanent resident, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
Permanent Resident Card
A Permanent Resident Card (“US Green Card”)g is what most people call the I-551 card (Alien Registration Receipt Card). The US green card is given to aliens when they gain lawful permanent residence in the United States. The card used to be green hence the name “green card.” Having a green card or lawful permanent residence is similar to U.S. citizenship in that possession of the green card allows permanent residents to freely travel in and out of the United States without a US visa and to work anywhere in the United States. Unless a permanent resident abandons his or her residence in the United States (e.g., staying outside of the U.S. too long) or commits certain types of crimes or immigration violations, the Green Card can never be taken away. Permanent residents must apply for a new green card every ten years. Depending on how the permanent residency was obtained, after three or five years, a permanent resident may apply for US citizenship. For more information about how to become a permanent resident, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
petition
A petition is a document filed with USCIS (typically Form I-130) that determines whether a foreign national qualifies for a family-based green card or marriage-based green card. The petiton is filed by the Petitioner (the US family sponsor) for the Beneficiary (foreign national) along with paperwork establishing the family relationship that is the basis for the US green card. Once the petition is approved by USCIS, the Beneficiary will be eligible to apply for a US immigration visa at a U.S. Consulate, or may be eligible to adjust status within the United States, typically with Form I-485. For in-depth information about how to file the petition and related documents, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
petitioner
The petitioner (a.k.a. “sponsor”) is the person that files the Form I-130 petition on behalf of the beneficiary for a US green card . A U.S. citizen or permanent resident may act as the petitioner for a foreign-national relative (e.g., a foreign spouse). There are many detailed forms and documents that the Petitioner must prepare for Form I-130. For in-depth information about how to file the petition and related documents, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
preference immigrant categories
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
- Family First Preference Immigrants include unmarried children of U.S. citizens. The children must be over 21 to qualify for the this category. If the child is under 21 and unmarried then the child would be an immediate relative and would not have a waiting period. You can see current waiting times for Family First Preference Immigrants by viewing the State Department’s Visa Bulletin.
- Family Second Preference Immigrants (2A) include unmarried children of U.S. permanent residents. The children must be under 21 to qualify for the 2A category. You can see current waiting times for Family Second Preference Immigrants (2A) by viewing the State Department’s Visa Bulletin.
- Family Second Preference Immigrants (2B) include unmarried children of U.S. permanent residents. The children must be over 21 to qualify for the 2B category. You can see current waiting times for Family Second Preference Immigrants (2B) by viewing the State Department’s Visa Bulletin.
- Family Third Preference Immigrants include married children of U.S. citizens. Family Third Preference Immigrants tend to have longer waiting times to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin.
- Family Fourth Preference Immigrants include brothers and sisters of U.S. citizens. The U.S. citizen must be over 21 years old to sponsor the relative for a family-based green card. Family Fourth Preference Immigrants tend to have the longest waiting period to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin.
preference relatives
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by the Preference Immigrant Category.
- Family First Preference Immigrants include unmarried children of U.S. citizens. The children must be over 21 to qualify for the this category. If the child is under 21 and unmarried then the child would be an immediate relative and would not have a waiting period. You can see current waiting times for Family First Preference Immigrants by viewing the State Department’s Visa Bulletin.
- Family Second Preference Immigrants (2A) include unmarried children of U.S. permanent residents. The children must be under 21 to qualify for the 2A category. You can see current waiting times for Family Second Preference Immigrants (2A) by viewing the State Department’s Visa Bulletin.
- Family Second Preference Immigrants (2B) include unmarried children of U.S. permanent residents. The children must be over 21 to qualify for the 2B category. You can see current waiting times for Family Second Preference Immigrants (2B) by viewing the State Department’s Visa Bulletin.
- Family Third Preference Immigrants include married children of U.S. citizens. Family Third Preference Immigrants tend to have longer waiting times to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin.
- Family Fourth Preference Immigrants include brothers and sisters of U.S. citizens. The U.S. citizen must be over 21 years old to sponsor the relative for a family-based green card. Family Fourth Preference Immigrants tend to have the longest waiting period to get a Family Green Card. You can see current waiting times by viewing the State Department’s Visa Bulletin.
premium processing
Premium processing is a service offered by USCIS to process many kinds of employment-based visas and green cards within 15 days. The following visas are eligible for premium processing: E-1, E-2, H-1B, H-2B, H-3, L, O, P, Q, R and TN. The following green card petitions are also available for premium processing: EB-1, EB-2 (except national interest waivers), and EB-3. A request for premium processing is made using form I-907 and costs an additional $1,225. In addition to being faster than regular processing, premium processing gives applicants a separate phone and fax number that facilitates much faster communication with USCIS. You should note that applicants marriage-based green cards and family-based green cards are not eligible for premium processing.
priority date
Priority Date refers to the date that the foreign national established eligibility for a US green card. For family-based green cards and marriage-based green cards, the priority date is the date on which the Form I-130 was filed. It is important to remember that many types of US green cards are restricted to a certain number each year (referred to as the “quota”). Therefore, in order to be eligible to file for a US green card (i.e., immigrant visa application or adjustment of status if the person is adjusting status from within the United States), the priority date must be a date BEFORE the date listed on the current Visa Bulletin published by the Department of State.
public charge
A Public Charge is a person who cannot support himself financially and receives government assistance. If a green card applicant is likely to become a public charge upon entry into the United States, the person will be Inadmissible.
Quotas
With the exception of Immediate Relatives of U.S. citizens (i.e., spouses of U.S. citizens, parents of adult U.S. citizens, unmarried children under 21), the number of Family Green Cards issued each year is limited annually by the U.S. government. Family-Sponsored Green Cards are limited to about 226,000 per year by Section 201 of the Immigration and Nationality Act. Because there are more applicants than green card available each year, many green card applicants have to wait (sometimes several years) before receiving a green card. The amount of time an applicant has to wait is determined by thePreference Immigrant Category.
SEVIS
SEVIS is a web-based system that tracks and monitors schools and programs, foreign students, exchange visitors and their dependents during their period of study in the United States. F, M, and J visa applicants are required to pay the SEVIS fee. The SEVIS fee must be paid before the students visa interview at the U.S. Consulate.
sponsor
The sponsor (a.k.a. “petitioner”) is the person that files the Form I-130 petition on behalf of the beneficiary for a US green card . A U.S. citizen or permanent resident may act as the sponsor for a foreign-national relative (e.g., a foreign spouse). There are many detailed forms and documents that the sponsor must prepare for Form I-130. For in-depth information about how to file the petition and related documents, please see the VisaSnap Family Green Card Application Guide or the VisaSnap Marriage Green Card Application Guide.
status
Status refers to the rights a foreign national has within the United States for a particular period of time. Some of these rights include the right to work, study, travel, do business, and investment. Status is to be distinguished from a US visa or a US green card. Visas and Green Cards allow foreign nationals to travel in and out of the United States. Status does not confer any travel rights to a foreign national. One may change status from one nonimmigrant category to another (e.g., student status to worker status) without leaving the United States. This allows the person to engage in a new activity pursuant to his Status without having to leave the United States and apply for a visa. However, if the person leaves the country, he or she must apply for a corresponding US visa at a U.S. Consulate before re-entering the United States (Example: A foreign national changes from student status to H-1B worker status in the United States. When the person leaves the United States, he or she will apply for an H-1B visa at a U.S. Consulate before returning). A person with a valid US green card does not have to worry about obtaining a US visa because the green card allows the person to travel freely.
U.S. Citizenship & Immigration Services (USCIS)
The United States Citizenship and Immigration Services (USCIS) is a part of the U.S. Department of Homeland Security (DHS) and processes many types of applications for foreign nationals (e.g., green card applications, naturalization, nonimmigrant worker petitions etc). Most green card applications and work visas are started when a family member or U.S. company file a petition with USCIS. USICS offices consist of Service Centers, Field Offices, and the National Benefits Center. Most applications must be either e-filed or mailed to a Service Center or the National Benefits Center. Field Offices are used for scheduled interviews and provide some interaction with the public (e.g., providing some forms and limited information).
For an additional fee of $1,225, USCIS will process certain employment applications within 15 days. This is known as Premium Processing and ensures that an application is processed in a timely manner (see “Premium Processing” above). Additionally, applicants who use premium processing are able to talk to a USCIS Officer during the application process, whereas an applicant who does not use premium processing is only allowed to ask questions to the USCIS national hotline. In other words, while the fee is not cheap, many people regret not paying the $1225 for premium processing after experiencing long delays and poor customer service throughout the application process.
unlawful presence
Being present in the United States after the expiration of the authorized period of stay or having entered without having been admitted or paroled. The period of stay is usually noted on Form I-94. If a person has unlawful presence, the person may be barred from re-admission for three or ten years, depending on the amount of unlawful presence. Those who have unlawful presence may find it beneficial to speak with an immigration attorney.
U.S. Citizenship & Immigration Services (USCIS) Service Centers
USCIS Service Centers receive and adjudicate immigration applications for different geographical regions within the United States. USCIS Service Centers are not open to the public and nearly all communication with the USCIS Service Centers is done through mail. There is very limited telephone support for USCIS Service Centers.
visa
A US visa is a travel document issued to foreign nationals at a U.S. Consulate. It allows the foreign national to travel to the United States and seek entry at a port of entry (e.g., airport). Once the person is admitted he or she will have the status corresponding to the visa (e.g., if a person enters the U.S. with an H-1B visa , the person will have H-1B status once inside the United States). A Permanent Resident does not need a nonimmigrant visa to travel to the U.S. (e.g., a B-2 Tourist Visa). However, if you for a US green card outside the United States, you will have to apply for an immigrant visa the first time you travel to the United States. Once you enter the United States, you will become a lawful permanent resident and be mailed your US green card.
visa bulletin
The Visa Bulletin is a list of dates published by the Department of State that indicates when a US green card applicant may apply for an immigrant visa at a U.S. Consulate or adjust status using Form I-485. Many family-based green card categories are limited each year (with the exception of “immediate relatives” of U.S. citizens). If more applicants apply for a green card than are allowed each year, waiting lists or “backlogs” develop and foreign nationals may have to wait several years before applying for an immigrant visa or adjusting status. In order to use the Visa Bulletin applicant must know his or her “Priority Date.” If his or her Priority Date is a date after the date indicated on the Visa Bulletin (e.g., priority date is 2005, but the Visa Bulletin for your category is 2003), the applicant will have to wait before applying for the marriage-based green card or family-based green card.
The visa waiver program
The Visa Waiver Program (VWP) is a program that allows foreign nationals from certain countries to enter the United States for up to 90 days to engage in business or tourism. A person may not change status or extend his stay beyond 90 days. A list of participating countries is provided by the U.S. State Department. VWP travelers must apply and pay for ESTA (Electronic System for Travel Authorization) with the Department of Homeland Security prior to departing for the United States. All VWP travels must possess a machine-readable passport and VWP travelers from certain countries have additional passport requirements (e.g., an e-Passport or biometric passport). A person who has previously been denied entry into the United States or who has a criminal record making them ineligible for a visa may not use the VWP and must apply for a US visa. A person who has previously been denied a visa at a U.S. Consulate may not receive authorization from ESTA, be subject to extra questioning at the port of entry, or be denied admission. Foreign media representatives may not use the VWP if they are coming to engage in their vocation.
