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Note : All definitions in this Glossary are provided in the context of U.S. immigration law.

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245(i) - section of the immigration law enabling qualifying persons to file for adjustment of status in the U.S., despite certain problems with their immigration status. Though expired, Section 245(i) has a "grandfather clause" which continues 245(i) benefits for persons who had employment or family-based petitions or labor certifications filed on or before a specified deadline. [Please search "Section 245" on MurthyDotCom for relevant details.] Note: Section 245(i) does not permit one to remain in the U.S. in expired status. However, for those who qualify, 245(i) provides the opportunity to retroactively cure the status problem at the time of filing for adjustment of status. Also, 245(i) is not an amnesty; it merely allows the final paperwork for the normal green card procedure to be submitted within the U.S. instead of abroad.



AC21 (also, ACTA) - the American Competitiveness in the Twenty-First Century Act. Enacted in October 2000, AC21 introduced many changes, including but not limited to (a) H1B portability allowing certain H1B workers to begin work for the new employer upon filing the petition, rather than waiting for approval; (b) ability to extend the H1B beyond 6 years if the employment-based green card process began at least a year before the end of the 6th year and is currently ongoing; (c) ability to have the I-485 approved for a new employer if job is similar and I-485 has been pending 180 days.
 
Adjustment of Status (also, AOS or I-485) - one of two possible final stages of the green card process involving the filing of paperwork with the USCIS in the U.S.; the other possible final stage being CP. In most immediate relative FB cases, the I-130 immigrant petition is filed simultaneously with the I-485 adjustment of status; sometimes attorneys refer to this procedure as a "one-step." In contrast, most EB cases have three stages: labor certification, I-140, immigrant petition, and adjustment of status. [More information on USCIS forms, such as the I-485, I-130, and I-140, can be found on the USCIS WebSite, accessible through our Forms page.] Note: Some people may be legally precluded from AOS, but are still eligible for CP. Others may have issues that prevent them from traveling, or that may be more difficult to resolve from abroad, making AOS the better choice in such situations. Every case is different and there are many factors to consider. AC21 has also created additional AOS-related benefits.

Admission - being allowed into the country in a particular status following inspection by a CBP inspector at a port of entry. Admission is one of two forms of legal entry to the U.S., the other being parole. For nonimmigrants, that status and the expiration date of one's authorized stay are indicated on the I-94 card. A person admitted as an immigrant (permanent resident) does not normally get an I-94 card but does get an entry stamp in his/her passport. (See also, parole and advance parole.)

Advance Parole (also, AP) - a travel document authorizing one, in certain situations, to return to the U.S. from a trip abroad - most commonly, when one has an AOS application pending. Advance parole can also be granted in some circumstances to a person who is going abroad to a third country in order to process an immigrant visa, and in other special situations. (See also, parole.)

Affidavit of Support - term used to describe two USCIS forms that have the purpose of pledging financial support to the foreign national. Form I-864 is used in FB green card cases and those EB cases in which the company is owned by the beneficiary's relative. For other situations, Form I-134 is used; e.g. for the derivative spouse in an EB case or for a visitor visa <see Visit USA section on MurthyDotCom> applicant.

Allied Health Care Professional (AHCP) - term used for the class of health care workers subject to the requirement of VisaScreen Certification. The USCIS, in consultation with the Department of Health and Human Services, has designated seven categories of such health care workers: nurses; physical therapists; occupational therapists; speech language pathologists & audiologists; medical technologists (also known as clinical laboratory scientists); medical technicians (also known as clinical laboratory technicians) and physician assistants.

Amnesty - a relatively generous program to forgive a violation of law, in general legal terms. For example, tax amnesties enable persons who have failed to pay taxes to come forward and pay back taxes without penalty. In the immigration context, most resembling amnesty has been the 1986 legalization program. People qualified based upon specific eligibility criteria, including having been present in the U.S. as of a certain date. Note: Some opponents of immigration, have incorrectly characterized 245(i) as an amnesty. However, 245(i) does not protect one from removal. Instead, it provides an opportunity to cure a status problem after-the-fact. It requires one complete the usual, employment-based or family-based green card process. Conversely, an amnesty would only involve an application from the individual, similar to the legalization program.

Appeal - the official process of requesting one’s case be reviewed again if the application or petition is denied. An appeal may be of either an administrative or judicial decision. However, some administrative decisions are not eligible for appeal, although it may be possible to file a Motion to Reconsider or Motion to Reopen.

Application - the paperwork itself or the act of submitting the formal request filed by a person on his or her own behalf. In contrast, a petition is filed by a person or a company on behalf of someone else.

Asylum - a safe haven provided for one who cannot return to the home country because of a "well-founded fear of persecution" based upon race, religion, ethnicity, political opinion, or membership to a particular social group. While it is not permanent residency, a person who is granted asylum may be able to file for adjustment of status after one year. The asylum application process is complex, and there are time limits for applying.



Beneficiary - one for whom a petition is filed. A beneficiary can either be the principal (direct) beneficiary, or a derivative (dependent of the principal).

BCIS - Renamed the USCIS. See U.S. Citizenship and Immigration Services.

Bureau of Citizenship and Immigration Services (CIS) - government agency later renamed the U.S. Citizenship and Immigration Services (USCIS), which falls under the U.S. Department of Homeland Security. USCIS is responsible for determining eligibility for immigration benefits inside the United States.

Bureau of Immigration and Customs Enforcement (ICE) - Renamed the U.S. Immigration and Customs Enforcement.




Cancellation of Removal (also, cancellation) - a form of relief for one facing removal proceedings to either retain current lawful permanent resident status or obtain permission to remain in the United States and, ultimately, become a lawful permanent resident. Cancellation of Removal (formerly Suspension of Deportation) is based on highly stringent criteria that vary according to whether one is already a permanent resident. There is also a special program for battered spouses and children. Note: General criteria for a person who is not a permanent resident are: (a) must have been in the U.S. for ten years, (b) must be a person of good moral character, and (c) must show that removal from the U.S. would cause exceptional and extremely unusual hardship to a USC or LPR spouse, parent, or child. Establishing exceptional and extremely unusual hardship is very difficult. Note also that hardship to the applicant him- or herself is not considered. The decision is made by an Immigration Judge after careful review of all the facts in a trial-type hearing.

CBP - See U.S. Customs and Border Patrol

CGFNS (Commission on Graduates of Foreign Nursing Schools) - a non-profit, independent credentialing organization established to ensure that the credentials of foreign-born health care professionals meet the professional standards required to practice in the U.S. The CGFNS offers fee-based services for the purpose of evaluating the equivalency of academic credentials and the validity of professional licenses issued to foreign-born health care professionals.

CGFNS Certificate - documentation awarded after the successful completion of the CGFNS Certification Program. The Program is designed specifically for first-level, general nurses educated and licensed outside the United States who wish to assess their chances of passing the U.S. registered nurse licensing exam, the NCLEX-RN® examination, and attaining licensure to practice as registered nurses within the United States. The program is comprised of three parts: a credentials review of the nurse's education, registration and licensure; the CGFNS Qualifying Exam, a one-day qualifying exam testing nursing knowledge; and an English language proficiency exam.

Change of Status (COS) - application by an individual to USCIS for a change from one nonimmigrant status to a different nonimmigrant status.

Child Status Protection Act (CSPA) - in limited circumstances this provision of the law permits an unmarried individual to remain classified as a child, despite her/his turning 21 years old. In general, the length of time that the immigrant petition of the child's parent was pending is subtracted from the age of the child at the time when the parent's visa number becomes available. Note: The CSPA formula does not apply to every person and there are different requirements depending on whether the case is employment or family based and whether the parents and child are inside or outside of the United States during the process. Every case is different and an attorney should be consulted to determine if the child is protected.

CIS - See U.S. Citizenship and Immigration Services

Citizenship - see Naturalization

Concurrent Filing - allows the filing of an I-485 Adjustment of Status application at the same time as an immigrant petition or to join an already pending immigrant petition that has not been approved. Concurrent filing is available for I-130 petitions for immediate relatives of U.S. citizens and I-140 immigrant petitions where the priority date is current.

Conditional Permanent Resident (PR) Status - provisional approval for the green card based upon a marriage of less than two years to a U.S. citizen, or based upon the EB5 investor category. Two years afterward, it is necessary to file further paperwork with USCIS to "remove the condition." Note: In the marriage-based situation, that documentation needs to show that the parties had a good-faith intent to establish a life together when they married. If the couple is still together, generally the case is considered based upon documentation alone and without an interview. If there has been a divorce, or there is an abuse situation, it may be possible for the foreign spouse to apply individually to remove the condition, and s/he will be questioned in detail at an interview. For EB5 investors to remove the condition, it is necessary to show that one has followed through on the required investment and establishment of the company, the hiring of U.S. workers, etc.

Consular Processing (CP) - occurs when the final processing of an immigrant or nonimmigrant visa takes place at a U.S. consulate abroad. For persons with certain types of status problems, consular processing has significant risks imposed by the 1996 immigration law, mainly the prospect of being barred for three or ten years from reentering the United States.

Credentials Evaluation Service Report (CES) - a document required by some state boards of nursing in order to receive a state registered nursing license. The CES Report, prepared by the CGFNS, analyzes the academic credentials and licenses of foreign-born health care professionals.

Curricular Practical Training (CPT) - type of authorized student employment. Optional Practical Training (OPT) is another common form. CPT is available on either a part-time or full-time basis. Completion of at least one year of full-time CPT prevents the student from obtaining OPT after graduation. CPT must be authorized by the school and does not require an Employment Authorization Document (EAD) from USCIS.

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