Also known as an illegal alien or undocumented worker, this is a person who enters or lives in the United States without official authorization, either by illegal entry or by violating the conditions of their admission (e.g., entering without inspection by the INS, entering due to fraud, exceeding the approved admission deadline, or working without a permit). About 300,000 undocumented immigrants enter and remain in the United States each year. Preferential System (Immigration Act 1990): The nine categories into which family-funded, employment-based immigrant preference visas have been distributed since fiscal year 1992. Taxable country: The country to which an immigrant is charged in a numerically limited classification by the United States Department of State (DOS) for the purposes of numerical control. Nonimmigrant Admission, I-94 (I-94 (Nonimmigrant) Admission): Legal entry into the United States of an alien belonging to a nonimmigrant category who must complete or obtain Form DHS I-94 or I-94W. Lawful Permanent Residence (LPR): Status granted to a person who has legally been granted the privilege of permanently residing in the United States as an immigrant under immigration laws, but that status has not changed. Many immigrants who already legally reside in the United States have green cards or permanent visas. A person with a green card can try to be a citizen of the United States. Legal immigration occurs when a non-citizen is legally under permanent resident status in the United States or holds a green card. Certain categories of foreign nationals may be granted permanent resident status.
Congress has the preeminent power to pass laws that govern immigration and alienation. Therefore, the U.S. Constitution allows Congress to delineate the rights, duties, and duties that accompany legal immigration status. However, the power of Congress in this area must be consistent with the restriction that any law that results in unequal treatment of aliens and citizens must relate to a legitimate objective that affects immigration law. If a law treats a foreigner differently than a U.S. citizen, the courts treat the law as inherently suspect and apply rigorous scrutiny when reviewing the constitutionality of the law. Fiancée of a U.S. citizen: A nonimmigrant who comes to the United States within 90 days of entering the United States to contract a valid marriage with a U.S.
citizen. Visa Waiver Program (VWP): The VWP allows citizens of certain selected countries to temporarily travel to the United States under the admission classes of nonimmigrant visitors for leisure and business travel, enter the United States without obtaining a nonimmigrant visa, and not be admitted for more than 90 days. Immigrant: Any person who is legally resident in the United States and who is not a U.S. citizen, U.S. citizen, or a person admitted to a nonimmigrant class as defined in section 101(a)(15) of the INA. The term used in the Social Reform Legislation of 1996 (P.L. 104-193) covers lawful permanent residents, refugees, Cuban and Haitian immigrants, asylum-seekers, aliens pardoned in the United States for a period of at least one year, aliens denied deportation by the INS, aliens authorized to enter the United States conditionally, and certain abused foreign spouses and children. “Skilled” immigrants are generally entitled to State benefits on the same basis as citizens if they entered before 22 August 1996, when the Social Welfare Act was enacted. Skilled immigrants who enter after August 22, 1996 are generally excluded from federal assistance for five years. The admissibility of skilled immigrants is subject to different restrictions and limitations depending on the immigration category. Subject to numerical limit (immigration): categories of legal immigrants subject to annual restrictions under the provisions of the flexible numerical limit of 675,000 set out in the Immigration Act, 1990.
Diversity immigrants: A category of individuals who have obtained LPR status through the Diversity Immigrant Visa Program, designed to facilitate immigration to the United States from countries with low immigration rates, as defined by the INA. Eligible for Naturalization: Refers to individuals who may be eligible to become U.S. citizens. Citizens by applying for naturalization with USCIS and meeting certain legal requirements. Source: Department of State, “Table XVI(B) Nonimmigrant Visas Issued by Classification (including Border Crossing Cards): Fiscal Years 2014 – 2018,” Visa Office Report 2018, available online. County: The principal legal division of the states and territories of the United States and includes “county equivalents” as defined by the United States Census Bureau, which are considered primary divisions for statistical purposes. Title Authority: The title in the United States Code that provides the legal authority to treat non-citizens for deportation or removal. See Title 8 and Title 42.
An LPR is an immigrant who has been legally granted the privilege of permanent residence in the United States. Lawful permanent residents are admitted to the United States based on their family relationship or professional skills. Refugees and asylum seekers can get used to LPR status after one year of continuous residence. Lawful permanent residents can obtain immigrant visas from the Department of State abroad or adapt to LPR status with the INS after entering the United States. In general, lawful permanent residents are those who have “green cards” and are allowed to apply for naturalization after five years of residence in the United States. There are a number of classifications to describe foreigners and their relationship with the United States. In the past, the government used the terms “resident alien” and “non-resident alien,” but replaced those terms with “immigrants” and “non-immigrants.” Some foreigners are also granted “refugee” or “asylum” status. Probation, public interest (probation in the public interest): probation approved at DHS headquarters for “substantial public interest” in accordance with law; Typically used for non-citizens entering to participate in legal proceedings.
Special immigrants (SI): Certain categories of LPR that were exempt from the numerical restriction prior to the 1992 tax year and were restricted beginning in 1992 under the fourth employment-based preference. employment preferences: consist of five categories of workers (as well as their spouses and children): 1) First preference (EB-1), priority workers; (2) Second preference (EB-2), professionals with advanced degrees or individuals with exceptional abilities; (3) Third preference (EB-3), skilled workers, skilled workers with high school diplomas, and unskilled workers; 4) Fourth preference (EB-4), “special” immigrants; and (5) fifth preference (EB-5), immigrant investors. I-94/I-94W: The DHS Form I-94, Arrival/Departure Record, and the DHS Form I-94W, Visa Waiver Arrival/Departure Record, are used by most types of nonimmigrants entering the United States to document their arrival and legal presence in the United States. The main categories of non-immigrants exempt from I-94 and I-94W forms are Mexican citizens with border crossing cards and most Canadian citizens. Each year, there are 140,000 immigrant green cards in five job-based categories (formerly known as “preferences”). The categories were created under the Immigration Act of 1990 and the numerical ceilings were set at the time and have not been adjusted since, as is the case for family preferences. Unaccompanied Child (UC): A child who does not have legal immigration status in the United States, is under the age of 18, and who 1) does not have a parent or guardian in the United States, or 2) does not have a parent or guardian in the United States capable of providing care and physical custody. In recent years, the United States has issued about 1 million green cards per year; Although the proportion varies somewhat from year to year, about half is given to immigrants who are already in the United States and adjusting to another status (for example, temporary workers or students).