US Immigration Glossary: Explaining Complex Terminology

An official document issued by a country that allows an individual to enter, stay or work temporarily or permanently in that country. There are different types of visas, such as tourist, student, work and others.

Also known as a “green card” in the United States, it is a residence permit granted to foreigners who wish to live and work permanently in a country.

Eligibility for a green card varies according to the category. Family members of US citizens or permanent residents, people with specific skills, for work and employment, refugees, and asylees have different paths to obtaining a Green Card.

Altius works with various visas that grant you the right to a Green Card, such as EB-1, EB-2 NIW, and EB-3. Contact us to find out more about these and other visas that may suit you.

Legal status that gives a person all the rights and privileges of a native citizen of the country in question, including the right to vote and obtain a passport.

The process by which a foreigner becomes a citizen of a country, usually through exams, residency tests and knowledge of the local language.

Action taken by the government of a country to remove a foreigner who has violated that country’s immigration laws.

A process by which an immigrant legally established in a country can request reunification with their immediate family, such as spouse, children, or parents. This usually involves the presentation of documents and proof of a family relationship.

A person who flees their country of origin due to persecution, war or human rights violations. Refugees have the right to apply for international protection in another country and can be granted asylum if their application is approved.

A document that authorizes an immigrant to work legally in a country. It is usually issued together with a work or residence visa, and may have restrictions on the type of work or employer.

“Adjustment of status” is a process by which a person in the United States changes their immigration status from non-immigrant to permanent resident. This means that the person moves from a temporary status, such as a student or work visa, to a permanent status as a legal resident in the country.

The United States Citizenship and Immigration Services, which is the agency responsible for processing immigration applications, including adjustment of status and family petitions.

A program that offers temporary relief from removal or deportation and work authorization to individuals who entered the US as children.

The United States Immigration and Customs Enforcement Agency, responsible for enforcing immigration and customs laws.

A form used by employers to check an employee’s eligibility to work in the USA.

A petition, in the context of US immigration, is an official form submitted to the United States Citizenship and Immigration Service (USCIS) or another competent agency. This petition is submitted by a petitioner, who can be a US citizen, permanent resident or employer, and aims to request a certain action related to an individual’s immigration status.

There are several types of immigration petitions in the United States, each designed to meet specific needs. Family petitions, such as Form I-130, are filed by US citizens or permanent residents to sponsor family members. Employment petitions, notably Form I-140, are submitted by employers to sponsor foreign workers. In addition, there are humanitarian petitions, such as Form I-730 to reunite refugees with family members, and special petitions for special immigrants, such as Form I-360. Other types include the Diversity Visa lottery, petitions for temporary employment authorization (Form I-765) and non-immigrant visas, such as the DS-160 for tourist visas (B-1/B-2) and asylum petitions (Form I-589).

The complexity of the process often leads individuals to seek legal advice to determine the appropriate petition for their circumstances and immigration objectives. Talk to Altius and schedule a consultation.

The process by which an individual abroad applies for an immigrant or non-immigrant visa at a US embassy or consulate.

A form used for foreign family petitions, usually filed by US citizens or permanent residents to help family members obtain immigrant status in the US.

Form I-140, or “Immigrant Worker Petition”, is essential in the employment-based immigration process in the United States. Submitted by the employer, this form seeks to classify the foreign worker in specific categories, such as EB-1, EB-2 or EB-3. By demonstrating a genuine job offer and the employer’s financial capacity, I-140 approval is a crucial step for foreign workers seeking permanent residency in the US, although it does not automatically grant a green card. The process involves the subsequent submission of Form I-485 or immigrant visa processing.

Form I-485, known as the “Application for Registration of Permanent Residence or Adjustment of Status”, is fundamental in the process of obtaining a green card in the United States. This form is submitted by those who are physically present in the USA and eligible to adjust their status from non-immigrant to permanent resident. When filling out the I-485, applicants provide details about their eligibility, travel history and criminal record. Approval of this form leads to permanent resident status, allowing foreign individuals to live and work permanently in the United States, representing the final step in the employment-based (EB) or family-based immigration process.

When an individual remains in the United States after their status has expired, they are considered to be illegally staying.

A request for a pardon for certain immigration violations, such as a pardon for unlawful presence or other reasons.

A monthly report released by the US State Department that provides information on the availability of immigrant visas by category and country of origin.