Glossary
This glossary explains 76 common U.S. immigration law terms in plain English, from adjustment of status to withholding of removal. Each entry gives a short definition, the law or official page it comes from, and a link to a related page on this site when we have one.
Immigration rules change often. Use these definitions as general information, not legal advice. For a specific case, schedule a consultation or call (860) 938-1850.
The process of applying for a green card from inside the United States, usually on Form I-485, without going to a U.S. consulate abroad. In general, you must have been inspected and admitted or paroled, have an immigrant visa available, and not be inadmissible. Some bars in the law can block adjustment.
Source: INA 245, 8 U.S.C. 1255
See: Adjustment of Status
Under the immigration statute, admission means the lawful entry of a person into the United States after inspection and authorization by an immigration officer. Crossing the border without inspection is not an admission, and parole is not an admission either. The difference matters for adjustment of status and cancellation of removal.
Source: INA 101(a)(13)(A), 8 U.S.C. 1101
A travel document, requested on Form I-131, that lets certain people, such as those with a pending I-485, leave the United States and ask to be paroled back in. Leaving without advance parole can harm a pending application in some cases. Advance parole does not guarantee re-entry.
Source: 8 CFR 212.5
See: Adjustment of Status
A contract in which a sponsor promises the federal government to support a family-based or certain employment-based immigrant at 125 percent of the federal poverty guidelines or more. The promise is legally enforceable and generally lasts until the immigrant becomes a citizen, earns enough work credits, leaves permanently, or dies. A joint sponsor may help if the main sponsor does not earn enough.
Source: INA 213A, 8 U.S.C. 1183a; USCIS Form I-864
A term defined in the immigration statute for a long list of offenses, such as murder, rape, certain theft and violence offenses with a prison sentence of at least one year (even if suspended), and drug trafficking. The label is a legal term of art. Some offenses that count are neither "aggravated" nor felonies under state law. A conviction can lead to mandatory detention and bar many forms of relief from removal.
Source: INA 101(a)(43), 8 U.S.C. 1101
See: Deportation Defense
A unique number that the Department of Homeland Security gives to a noncitizen. It appears on green cards, work permits, and many government notices. Keep it private, and use it to look up a case in the immigration court system. "Alien" is the term the statute uses for a person who is not a U.S. citizen or national.
Source: EOIR Automated Case Information
Protection in the United States for a person who has suffered persecution, or has a well-founded fear of it, on account of race, religion, nationality, membership in a particular social group, or political opinion. An application generally must be filed within one year of arrival, unless an exception applies. An asylee may apply for a green card after one year.
Fingerprints, a photograph, and a signature that USCIS (and the immigration courts for some applications) collect to verify identity and run background checks. USCIS usually schedules an appointment at an Application Support Center.
Source: USCIS biometrics services
The highest administrative body that interprets and applies immigration law. It reviews decisions of immigration judges and some decisions of DHS. It is part of EOIR within the Department of Justice. A BIA decision can often be reviewed by a federal court of appeals.
Source: 8 CFR 1003.1
Money paid to DHS so a detained person can be released while their immigration case continues. An immigration judge can often set or review bond, but some people are held without a bond hearing under the law. The statute sets a minimum bond of $1,500 for those eligible for release.
Source: INA 236, 8 U.S.C. 1226
A defense in immigration court for a green card holder who has been a permanent resident for at least five years, has lived continuously in the United States for seven years after being admitted in any status, and has not been convicted of an aggravated felony. The judge weighs the person's positive and negative factors. It is a form of relief, often called "42A" after the form.
Source: INA 240A(a), 8 U.S.C. 1229b
A defense in immigration court for a person without a green card who has been physically present in the United States for at least ten years, has good moral character, has no disqualifying convictions, and shows that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child. The law caps the number of grants each year at 4,000. It is often called "42B."
Source: INA 240A(b), 8 U.S.C. 1229b
A law that can protect a child's eligibility for a green card even after the child turns 21. The "CSPA age" is generally the child's age when a visa becomes available, minus the time the petition was pending. Different rules apply to immediate relatives and to preference categories.
Source: INA 203(h), 8 U.S.C. 1153; USCIS Policy Manual, Vol. 7, Part A, Ch. 7
See: Child Immigration
A green card holder whose status is valid for two years because the marriage was less than two years old when the green card was approved. To keep permanent residence, the person must file Form I-751 to remove the conditions during the 90 days before the card expires, or request a waiver in limited cases.
Source: INA 216, 8 U.S.C. 1186a; USCIS Form I-751
The way to get an immigrant visa through a U.S. embassy or consulate abroad instead of adjusting status in the United States. After USCIS approves a petition, the case moves to the National Visa Center and then to an interview at a consulate. If approved, the person becomes a permanent resident upon admission to the United States.
Source: Department of State, immigrant visa process
See: Consular Processing
For naturalization, the requirement that you have lived in the United States without a break during the required period. An absence of more than six months but less than one year is presumed to break continuity unless you show otherwise. An absence of one year or more breaks it, unless an exception applies, such as an approved Form N-470 for certain work abroad. This is different from physical presence, which counts actual days in the country.
Source: INA 316, 8 U.S.C. 1427; 8 CFR 316.5
See: N-400 Application
An international treaty carried out through U.S. regulations. A person who shows they are more likely than not to be tortured by, or with the consent or acquiescence of, a government official may receive protection. No protected ground such as religion or political opinion is required. CAT protection can be withholding of removal or, for those barred from withholding, deferral of removal.
Source: 8 CFR 1208.16 to 1208.18
A decision by DHS, as a matter of discretion, to hold off on removal enforcement against a person for a set period. It is not a lawful status and does not give a path to a green card by itself. A person with deferred action may be able to apply for a work permit.
Source: 8 CFR 274a.12(c)(14)
A policy begun by DHS in 2012 that allowed certain people who came to the United States as children to request deferred action and a work permit for renewable two-year periods. DACA does not provide lawful status or a green card. Its rules and availability have been the subject of court orders, so check the current USCIS DACA page for the latest information.
Source: USCIS, DACA
A spouse or unmarried child under 21 who can receive the same immigration status as the main (principal) applicant, often by being listed on the same petition or by following to join. Derivative rules differ by category, so the right category matters.
Source: INA 203(d), 8 U.S.C. 1153
Short for Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the decision that sets the test for a national interest waiver. The petitioner must show that the proposed endeavor has substantial merit and national importance, that the person is well positioned to advance it, and that on balance it would benefit the United States to waive the job offer and labor certification.
A card, commonly called a work permit, that shows a noncitizen is allowed to work in the United States for a set period. It is requested on Form I-765 in many categories, including pending adjustment of status and pending asylum applications. An EAD is not a green card.
Source: 8 CFR 274a.12
See: Adjustment of Status
The form used to appeal an immigration judge's decision to the Board of Immigration Appeals. It generally must be received by the Board within 30 days of the judge's decision. A fee applies, with exceptions and a fee-waiver request on Form EOIR-26A.
Source: 8 CFR 1003.38; EOIR fees
The agency within the Department of Justice that runs the immigration courts and the Board of Immigration Appeals. EOIR is separate from DHS, which includes USCIS, ICE, and CBP. In Connecticut, the immigration court is in Hartford.
Source: Justice.gov, EOIR
A process that allows DHS to order certain noncitizens removed without a hearing before an immigration judge, usually when they are found inadmissible for lacking valid documents or for misrepresentation. A person who says they fear return must be referred for a credible fear screening. The reach of expedited removal has changed over time and has been challenged in court.
Source: INA 235(b)(1), 8 U.S.C. 1225
See: Deportation Defense
A standard used for certain waivers, such as the waiver of the unlawful presence bars. The applicant must show that a qualifying relative, such as a U.S. citizen or permanent resident spouse or parent, would suffer hardship beyond the normal results of separation. Officers weigh health, finances, family ties, and country conditions together.
Source: USCIS Policy Manual, Vol. 9, Part B
See: I-601A and extreme hardship guide; Waivers of Inadmissibility
The first family preference category: unmarried sons and daughters, age 21 or older, of U.S. citizens. A visa number must be available under the Visa Bulletin before the person can get a green card.
Source: INA 203(a)(1), 8 U.S.C. 1153
The family preference category for spouses and unmarried children under 21 of lawful permanent residents. At least 77 percent of the visas in the second preference are set aside for F2A, and most of them are exempt from per-country limits.
Source: INA 203(a)(2)(A), 8 U.S.C. 1153; INA 202(a)(4), 8 U.S.C. 1152
The family preference category for unmarried sons and daughters, age 21 or older, of lawful permanent residents.
Source: INA 203(a)(2)(B), 8 U.S.C. 1153
The third family preference category: married sons and daughters of U.S. citizens, and their spouses and minor children as derivatives.
Source: INA 203(a)(3), 8 U.S.C. 1153
The fourth family preference category: brothers and sisters of U.S. citizens who are at least 21 years old, and their spouses and minor children as derivatives. Check the Visa Bulletin for current waiting times.
Source: INA 203(a)(4), 8 U.S.C. 1153
An order of removal that can no longer be appealed to the Board of Immigration Appeals, or that the Board has affirmed, or for which the time to appeal has passed. After a final order, DHS may enforce removal unless a stay or other relief applies.
Source: 8 CFR 1241.1
See: Deportation Defense
A legal standard required for naturalization and for some forms of relief, such as non-permanent resident cancellation of removal. The statute lists conduct that prevents a finding of good moral character, such as certain convictions, false testimony to obtain a benefit, and habitual drunkenness. Officers can also consider other conduct.
Source: INA 101(f), 8 U.S.C. 1101; 8 CFR 316.10
The card, officially Form I-551, that shows a person is a lawful permanent resident. Most green cards are valid for ten years and can be renewed. Cards for conditional permanent residents are valid for two years.
Source: USCIS, Green Card
A petition filed in federal court asking a judge to decide whether a person's detention is lawful. In immigration cases, habeas petitions are sometimes used to challenge detention, such as when a person is held without a bond hearing. The rules on what a court can review are limited.
Source: 28 U.S.C. 2241
See: Bond Hearings
The record of a noncitizen's lawful admission, showing the class of admission and the date until which the person may stay. Most travelers can look up and print their I-94 on the CBP website. Keep a copy, because many applications ask for it.
Source: CBP I-94 website
The spouse, the unmarried child under 21, or the parent of a U.S. citizen who is at least 21. Immediate relatives are not subject to the yearly limit on family visas, so they do not wait for a visa number.
Source: INA 201(b)(2)(A)(i), 8 U.S.C. 1151
See: Family Immigration; Parent Immigration; IR-5 parent green card guide
A visa for a person who intends to live permanently in the United States. It is issued by a U.S. consulate abroad. When the holder is admitted to the United States, the person becomes a lawful permanent resident.
Source: Department of State, immigrant visas
See: Consular Processing
An attorney employed by EOIR within the Department of Justice who decides removal cases and some other matters in immigration court. Immigration judges are not federal court judges. Their decisions can be appealed to the Board of Immigration Appeals.
Source: 8 CFR 1003.10
An order of removal issued when a person does not attend an immigration court hearing after proper written notice. A motion to reopen can be filed within 180 days if the person shows exceptional circumstances, or at any time if the person did not receive proper notice. Filing the motion generally stops removal while it is pending.
Source: INA 240(b)(5), 8 U.S.C. 1229a
See: Motions to Reopen
The legal grounds that can prevent a person from getting a visa, entering the United States, or getting a green card. They include certain health conditions, criminal conduct, security grounds, public charge, fraud, and unlawful presence. Some grounds can be waived. Do not confuse it with deportability, which applies to people who were already admitted.
Source: INA 212(a), 8 U.S.C. 1182
The hearing in immigration court where the judge hears testimony and reviews evidence on whether the person can be removed and whether they qualify for relief, such as asylum or cancellation of removal. It usually comes after one or more master calendar hearings.
Source: INA 240, 8 U.S.C. 1229a; Immigration Court Practice Manual
A form an employer files with the Department of Labor before filing an H-1B petition. The employer states the wage it will pay and promises to meet certain working-condition rules. The Department of Labor certifies it within seven working days if the form is complete.
Source: 20 CFR 655.740
See: H-1B Visa
A noncitizen who has the right to live and work permanently in the United States and holds a green card. An LPR can lose that status, for example through certain criminal convictions or a removal order. After meeting the requirements, an LPR may apply to become a citizen.
Source: INA 101(a)(20), 8 U.S.C. 1101
See: Family Immigration
The first and often shortest type of hearing in immigration court. The judge confirms the person's identity, asks whether the charges in the Notice to Appear are admitted or denied, identifies any relief the person will seek, and sets deadlines and the date of the individual hearing.
A request asking the immigration judge or the Board of Immigration Appeals to look again at its decision because of an error of law or fact in the original decision. A motion to reconsider generally must be filed within 30 days of the decision.
Source: 8 CFR 1003.2; 8 CFR 1003.23
A request asking the immigration judge or the Board of Immigration Appeals to reopen a case to consider new facts or evidence. It generally must be filed within 90 days of the final decision. Exceptions exist, such as in absentia orders and changed country conditions in asylum cases.
Source: INA 240(c)(7), 8 U.S.C. 1229a; 8 CFR 1003.2
See: Motions to Reopen
The USCIS form a lawful permanent resident files to apply for U.S. citizenship. After the form is filed, USCIS takes biometrics, schedules an interview with an English and civics test in most cases, and decides the application.
Source: USCIS Form N-400
The USCIS form used by a person who automatically became a U.S. citizen, for example through U.S. citizen parents, to get a Certificate of Citizenship as proof. It is not for people who become citizens through naturalization.
Source: INA 320, 8 U.S.C. 1431; USCIS Form N-600
A way to get an EB-2 green card without a job offer or a labor certification when it is in the national interest of the United States. A person can usually file the petition on their own behalf. The petitioner must meet the three-part Dhanasar test.
Source: INA 203(b)(2)(B)(i), 8 U.S.C. 1153
See: EB-2 NIW; EB-2 NIW guide
The Department of State office that handles an immigrant visa case after USCIS approves the petition and before the consular interview. The NVC collects fees, the visa application, and civil and financial documents, and schedules the case with the consulate when a visa number is available.
Source: Department of State, National Visa Center
See: Consular Processing
The process by which a lawful permanent resident becomes a U.S. citizen. The general requirements include being at least 18, five years as a permanent resident (three if married to and living with a U.S. citizen), continuous residence, physical presence, good moral character, and passing English and civics tests.
Source: INA 316, 8 U.S.C. 1427; INA 319(a), 8 U.S.C. 1430
See: Citizenship and Naturalization; Age exemptions for the test
A visa for a person who plans to stay in the United States for a limited time and for a specific purpose, such as work, study, or a visit. Examples include H-1B, L-1, O-1, F-1, and B-2. Some nonimmigrant categories allow a green card application while the person holds the status, and others do not.
Source: Department of State, visas
See: Business Immigration
The document DHS serves on a person to start removal proceedings. It lists the charges, the facts DHS alleges, and the immigration court where it asks the case to be heard. The case begins when DHS files the NTA with the immigration court. For cancellation of removal, the time a person has lived in the United States stops counting when an NTA is served (the "stop-time rule"). The Supreme Court held in Pereira v. Sessions, 585 U.S. 198 (2018), that an NTA without the time and place of the hearing does not stop the clock, and in Niz-Chavez v. Garland, 593 U.S. 155 (2021), that this information must be in a single document.
Source: INA 239, 8 U.S.C. 1229; INA 240A(d)(1), 8 U.S.C. 1229b
See: Deportation Defense; Deportation defense guide for Connecticut
Temporary permission, granted case by case, to enter or remain in the United States for urgent humanitarian reasons or significant public benefit. Parole is not an admission and is not a green card, although it can matter for later adjustment of status.
Source: INA 212(d)(5), 8 U.S.C. 1182
The Department of Labor process, short for Program Electronic Review Management, that an employer uses for most EB-2 and EB-3 green card cases. The employer must test the U.S. labor market and the Department of Labor must certify that there are not enough able, willing, qualified, and available U.S. workers. The employer files Form ETA-9089 online.
Source: DOL, PERM; 20 CFR 656.17
The actual time a person has been inside the United States. Naturalization requires physical presence for at least half of the required residence period. Non-permanent resident cancellation of removal requires ten years of continuous physical presence. It is different from continuous residence.
Source: INA 316(a), 8 U.S.C. 1427; INA 240A(b), 8 U.S.C. 1229b
The wage that the Department of Labor finds is typically paid to workers in the same occupation and area. For PERM, the employer must get a prevailing wage determination before recruiting, and it is valid for a period set by the Department of Labor. For H-1B, the employer pays at least the required wage on the Labor Condition Application.
Source: 20 CFR 656.40
The date that marks your place in line for an immigrant visa. In family cases it is generally the date the I-130 petition is properly filed. In most employment cases it is the date the Department of Labor accepted the PERM application for processing, or the date the I-140 was properly filed if PERM is not required. Compare it with the dates in the Visa Bulletin.
Source: 8 CFR 245.1(g)(2); 8 CFR 204.5(d)
The authority of DHS to decide whether, when, and how to pursue immigration enforcement in a case, for example by delaying or dismissing a case. It is not a legal status and does not give a right to stay. Government policies on its use have changed from one administration to another.
See: Deportation Defense
A waiver that lets certain people who are in the United States ask for forgiveness of the unlawful presence bars before leaving for the consular interview. The applicant must show extreme hardship to a U.S. citizen or permanent resident spouse or parent. A child does not count as a qualifying relative for this waiver.
Source: 8 CFR 212.7(e); USCIS Form I-601A
A ground of inadmissibility for a person who is likely to become dependent on the government for support. Officers look at age, health, family status, assets, education, and skills. A signed Affidavit of Support is required in many family cases. The rules on how to apply this ground have changed over time, so check the current USCIS guidance.
Source: INA 212(a)(4), 8 U.S.C. 1182; USCIS, Public Charge
See: Adjustment of Status
The formal process of making a noncitizen leave the United States. The law now uses the word "removal" for what used to be called deportation and exclusion. Removal proceedings usually begin with a Notice to Appear and are decided by an immigration judge. The person can ask for relief from removal, such as asylum, cancellation of removal, or voluntary departure.
Source: INA 240, 8 U.S.C. 1229a
See: Deportation Defense; Deportation defense guide for Connecticut
A notice from USCIS saying the evidence submitted is not enough to decide the case. It lists what is missing and gives a deadline. The response period may not be more than 12 weeks. If you do not respond, USCIS may deny the case on the record it has.
Source: 8 CFR 103.2(b)(8)
A list kept by the Department of Labor of occupations for which it has already decided there are not enough U.S. workers, so a PERM labor market test is not needed. Group I covers physical therapists and professional nurses. Group II covers people with exceptional ability in the sciences or arts. The employer files the application with USCIS instead of the Department of Labor.
Source: 20 CFR 656.5
See: EB-3 Green Card
An order or action that temporarily stops DHS from carrying out a removal order. A stay can be requested from ICE on Form I-246 or from a court. An appeal to the Board of Immigration Appeals and a timely motion to reopen an in absentia order can also pause removal in certain cases. A stay is temporary.
Source: 8 CFR 241.6; 8 CFR 1003.6
A temporary status the Secretary of Homeland Security may give to eligible nationals of a country that has been designated because of armed conflict, natural disaster, or other extraordinary conditions. People with TPS generally cannot be removed while it lasts and may apply for a work permit. TPS does not by itself lead to a green card.
Source: INA 244, 8 U.S.C. 1254a; USCIS, TPS
Rules that make a person inadmissible after leaving the United States if they were unlawfully present for a certain time. More than 180 days but less than one year of unlawful presence triggers a three-year bar. One year or more triggers a ten-year bar. A waiver may be available if the applicant shows extreme hardship to a qualifying relative.
Source: INA 212(a)(9)(B), 8 U.S.C. 1182
Time spent in the United States after the end of your authorized stay, or without having been admitted or paroled. Unlawful presence is counted for the purpose of the three-year and ten-year bars. It does not count for everyone. For example, time spent under the age of 18 is not counted.
The part of the Department of Homeland Security that decides most applications and petitions for immigration benefits, such as green cards, naturalization, work permits, and extensions of stay. USCIS is not the same as ICE, which handles enforcement, or CBP, which handles the border.
Source: USCIS
A nonimmigrant status for victims of certain crimes who suffered substantial physical or mental abuse and have helped, or are willing to help, law enforcement. A law enforcement certification (Form I-918, Supplement B) is required. The law allows 10,000 U visas a year for principal applicants. After three years in U visa status, a person may apply for a green card.
Source: INA 101(a)(15)(U), 8 U.S.C. 1101; INA 245(m), 8 U.S.C. 1255
A way for certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to apply for a green card on their own, without the abuser's knowledge or help, on Form I-360. The name comes from the Violence Against Women Act. Federal law limits how the government may use information from abusers.
A monthly publication of the Department of State that shows which priority dates are current for each family and employment preference category and country. It has two charts, Final Action Dates and Dates for Filing. USCIS announces which chart applicants should use for adjustment of status each month.
Permission to leave the United States on your own by a set date instead of being removed. It can be granted before the case ends for up to 120 days, or at the end of the case for up to 60 days with a bond. Leaving this way avoids a formal removal order, but failing to leave can bring penalties.
Source: INA 240B, 8 U.S.C. 1229c
See: Deportation Defense
Permission, given as a matter of discretion, to get a visa or green card even though a ground of inadmissibility applies. Each ground has its own waiver rules. Many require a showing of extreme hardship to a qualifying relative. The main form is I-601, and the I-601A is a provisional version for the unlawful presence bars.
Source: USCIS Form I-601
Protection that stops removal to a particular country if the person shows it is more likely than not that their life or freedom would be threatened there because of race, religion, nationality, membership in a particular social group, or political opinion. The standard is higher than for asylum, there is no one-year deadline, and it does not lead to a green card.
Source: INA 241(b)(3), 8 U.S.C. 1231
An experienced immigration attorney can explain how these terms apply to your situation. Our offices are in West Hartford, CT and Latham, NY.
Last reviewed: November 2026. This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
