Featured News 2014 Fifteen Terms in Immigration Law You Might Need to Know

Fifteen Terms in Immigration Law You Might Need to Know

In such a complex and important area of law as immigration, it is vital to be familiar with the terms that will keep coming up as you go through any immigration process or application. While an experienced immigration attorney can help you with a lot of the complicated legal terms you face, here are some terms you can look over right now.

A-Number: This is an Alien number (alien means someone who was born in a foreign country and is not a U.S. citizen). This number will be eight to nine digits long, and the U.S. Citizenship and Immigration Services gives an A-number out to everyone who applies for immigration benefits, such as for a green card, or for anyone who faces the removal process. Your immigration documents and file with the USCIS will have this number on it, and you will need to give this number on any papers you submit to the USCIS.

Adjustment of Status: This is a way that someone can apply to become a lawful permanent resident from inside the United States. Only some immigrants qualify for this process, however. Those who do not qualify will have to leave the U.S. and apply for a green card through consular processing.

Beneficiary: This is the term for a person who has a relative or employer in the United States who has turned in a visa application on their behalf. Another way to say this is that a beneficiary is someone who has a sponsor or petitioner.

Conditional Resident: This term refers to someone who is married to a U.S. citizen or is a business investor who has not yet become a permanent resident. An immigrant is a conditional resident if he or she has been married to a U.S. citizen for less than two years; only after they have been married for two years can that person become a permanent resident. This is so the USCIS can detect whether or not the marriage is a sham. If a conditional resident is someone investing in U.S. business, they similarly have to wait two years before they become a permanent resident.

Consular Processing: This is the process by which many immigrants obtain a green card. Instead of going through the whole process from inside of the U.S., this process involves going through a U.S. embassy or consulate overseas. The final interview and the decision about the visa application will be made from that embassy or consulate.

DOMA: This refers to a law that was overturned in 2013 by the United States Supreme Court. This Defense of Marriage Act defined marriage as being between a man and a woman. Since the law was overturned, this means that visa petitions for same-sex couples can now be approved.

Employment Authorization Document (also known as a Work Permit): An EAD is a card shows that the holder can legally work inside of the United States.

Green Card: This is the informal word for the card given to lawful permanent residents and conditional residents. The USCIS will call this ID card an I-551 or Alien Registration Receipt Card. This is not the same as a work permit. This needs to be renewed every ten years.

Immediate Relative: For immigration purposes, an immediate relative is either the parent, spouse, or unmarried child who is younger than 21 of a U.S. citizen. There is no quota or waiting periods for immediate relatives to get a green card. Also, a widow or widower will be considered an immediate relative for the two years following the death of a U.S. citizen spouse. Stepchildren and adopted children are also considered immediate relatives in some cases.

Naturalization: This is the process by which an immigrant becomes a U.S. citizen.

Permanent Resident (or Lawful Permanent Resident): This is someone who has a green card, someone who can legally reside in the United States and whose status has no expiration date (but the green card itself needs to be renewed every decade). This status can be lost, however, such as if a permanent resident sets up their home outside of the U.S. or is convicted of a particular crime. After about five years, a permanent resident can apply to become a citizen.

Petitioner (also known as a Sponsor): This is the name for someone who submits a visa petition on behalf of their relative; in other words, a petitioner files a visa application for a beneficiary.

Preference Relative: This is a married child, a child older than 21, or a brother or sister of a U.S. citizen; in the case of a sibling, the U.S. citizen has to be 21 years old or more. This term also applies to the spouse or child of a U.S. permanent resident (or green card holder). Preference relatives usually have a waiting period before they can get a green card; there is a waiting list because there are about 480,000 visas available to preference relatives every year.

Time Bars: This refers to the penalty where someone must live outside of the United States for three or ten years. This penalty is triggered when some illegally lives in the United States for at least six months.

Visa Waiver Program: While a visa is usually required to legally enter the United States, citizens of countries that participate in this program may be able to stay in the U.S. for as much as 90 days without a visa. Click on the link to learn more about the Visa Waiver Program.

To find the answers and legal help you deserve for any matter in the immigration process, do not wait to call an immigration lawyer from this site today!

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