Glossary of Immigration Terms

Asylum:

Asylum is a protected immigration status given to a person who has proved a fear of persecution or harm if returned to his/her country. A person who is granted this status is called an asylee. After living one year with asylum status, an asylee may apply to become a Lawful Permanent Resident.

Deportation:

The process used by a judge to order an immigrant to return to the country where they were born or the country where they last lived. An immigrant may be “removed” or “deported” if he/she does not have lawful immigration status, or has committed a serious crime or immigration law violation. If an immigrant is removed, he/she could be barred from returning to the United States for up to ten years.

Employment Authorization Document (EAD):

An EAD is a work permit card given by the immigration agency. You are eligible for this card after you submit an application for SIJS, and certain other types of applications. The card allows you to work in the United States legally until the expiration date.

Executive Office of Immigration Review (EOIR):

The EOIR is an office within the Department of Justice that controls the immigration courts where judges hear cases to decide if an immigrant should be deported.

Green Card:

A green card is officially called a Permanent Resident Card. A person receives a green card after he/she becomes a Lawful Permanent Resident. A green card allows a person who is not a U.S. citizen to live and work legally in the United States. The card is not actually green, and it has an expiration date. After the expiration date, the green card must be renewed.

Immigrant:

An immigrant is a person who is not a United States citizen, but intends to live permanently in the U.S.

Immigrant Visa:

A visa is a document or stamp on a passport that is given to non-U.S. citizens to allow them to travel to the United States. An immigrant visa is given to people who intend to permanently live in the United States. A green card is a type of immigrant visa.

Immigration Attorney:

An immigration attorney is a lawyer who specializes in immigration law, helps clients prepare immigration applications and interviews, and advocates for clients before the immigration courts.

Immigration and Naturalization Service (INS):

The INS is the old name for the immigration agency that existed before 2003. Now the Department of Homeland Security controls immigration and it is divided into three different agencies. These agencies are the United States Citizenship and Immigration Services (USCIS); United States Customs and Border Protection; and United States Immigration and Customs Enforcement (ICE). The USCIS is the agency that handles SIJS applications submitted by youth in foster care.

Immigration Status:

Immigration status is the type of permission that the United States government gives a person who is living in the United States. Types of lawful immigrant status are: U.S. citizen, Lawful Permanent Resident, temporary visitor, and others. An undocumented immigrant is a person who does not have permission from the government to be present in the U.S, and therefore does not have lawful immigration status.

Lawful Permanent Resident (LPR):

A Lawful Permanent Resident is a person who has received a green card and has permission to live and work permanently in the United States. A LPR may be deported if he/she commits a certain crime or violates an immigration law. An LPR may apply for U.S. citizenship after five years.

Law Guardian:

A law guardian is a lawyer that advocates on behalf of young people in family court.

Naturalization:

Naturalization is the process through which an immigrant becomes a United States Citizen. Generally, an immigrant must first be a Lawful Permanent Resident for five years before applying for naturalization. The process includes a moral character interview, English language exam, and a civics exam, which tests knowledge of history and government. After a person is naturalized, he/she is awarded the same rights and privileges as any other U.S. citizen.

Non Immigrant Visa:

A visa is a document or stamp on a passport that is given to non-U.S. citizens to allow them to travel to the United States. A non-immigrant visa is a temporary visa that gives a person permission to travel to the United States for a specific reason and time period. These types of visas may be granted for tourism, study, and certain employment.

Permanent Resident Card:

A Permanent Resident Card is the official name for a “green card”. A Permanent Resident Card or a “green card” is what you receive after you become a Lawful Permanent Resident. A green card allows a person who is not a U.S. citizen to live and work legally in the United States. The card is not actually green, and it has an expiration date. After the expiration date, the card must be renewed.

Removal:

The process used by a judge to order an immigrant to return to the country where they were born or the country where they last lived. An immigrant may be “removed” or “deported” if he/she does not have lawful immigration status, or has committed a serious crime or immigration law violation. If an immigrant is removed, he/she could be barred from returning to the United States for up to ten years.

Special Immigrant Juvenile Status(SIJS):

SIJS status is granted to young people who are: under 21, unmarried, eligible for long term foster care, unable to reunify with their parents because of abuse, abandonment or neglect. A court must also find that it is not in the young person’s best interest to return to their home country. SIJS may be available to young people in foster care, guardianships, and sometimes, adoptions. A young person that applies for SIJS status is able to apply for a green card at the same time.

T visa:

A T visa may be available to a person who came to the United States as the victim of a severe form of trafficking. A severe form of trafficking could mean that the person was brought into the country and then forced to pay off a debt, work, or perform sexual acts against their will. The applicant will need to help the police with the case against the trafficker in order to be eligible. A T visa is temporary but can lead to a green card after three years.

Temporary Visitor:

A temporary visitor is someone who has permission from the government, usually in the form of a visa, to live in the United States for a limited period of time and for a specific purpose (such as studying, working, visiting family, or tourism). These types of visas generally have expiration dates and if the immigrant does not renew it after it expires, then he/she will no longer have lawful immigration status.

U visa:

A U visa may be available to a person who is a victim of a serious crime that occurred within in the United States, such as physical or sexual abuse, if the person helps the police with the case against the abuser. A U visa is temporary but can lead to a green card after three years.

Undocumented immigrant:

An undocumented immigrant is someone that entered the United States unlawfully or whose lawful immigration status has expired or been cancelled. An undocumented immigrant does not have permission to live or work in the United States and is at risk of deportation. Anyone who is not a U.S. citizen, and does not have a green card or a current visa, is undocumented and needs legal assistance. Many young people in foster care who were not born in the United States are undocumented immigrants.

United States citizen:

A United States citizen is someone who was either born in the U.S, born to U.S. citizen parents, or has been naturalized. A U.S. citizen has the right to live, work and vote in the United States and is eligible for many federal benefits, such as educational loans and social services. U.S. citizens cannot be deported back to another country.

United States Citizenship and Immigration Services (USCIS):

USCIS is the agency where immigrants apply for many different benefits like SIJS, green cards, green card renewals, and naturalization. There are many different USCIS field offices located throughout the country where attorneys file applications for young people and where interviews are held for SIJS and other benefits.

United States Customs and Border Protection:

This agency oversees the entry of immigrants and citizens into the United States, over borders, and through airports and seaports.

United States Immigration and Customs Enforcement(ICE):

ICE is the agency that investigates and enforces the immigration laws and customs laws inside the United States. In certain circumstances, ICE will hold a person in custody while his/her immigration court case is pending.

Violence Against Women Act (VAWA):

VAWA allows an abused spouse or child of a United States Citizen or Lawful Permanent Resident to “self-petition” for a green card. A child who has not been abused may also be able to apply for VAWA if his/her parent qualifies for VAWA.

Visa:

A visa is a document or stamp on a passport given to non-U.S. citizens to allow them to travel to the United States. An immigrant visa is given to people who intend to permanently live in the United States. A green card is a type of immigrant visa. A non-immigrant visa is a temporary visa that gives a person permission to travel to the United States for a specific reason and time period. These types of visas may be granted for tourism, study, and certain employment.

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