Acquired Citizenship Citizenship conferred at birth on children born abroad to a U.S. citizen parent(s). Adjustment to Immigrant Status Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now. Adoption See "Orphan" Agricultural Worker As a nonimmigrant class of admission, an alien coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor. Alien Any person not a citizen or national of the United States. Amerasian (Vietnam) Immigrant visas are issued to Amerasians under Public Law 100-202 (Act of 12/22/87), which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien. Amerasian Act Public Law 97-359 (Act of 10/22/82) provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen. Application Support Centers USCIS Offices fingerprint applicants for immigration benefits. Some USCIS applications, such as the Application for Naturalization (N-400) or the Application (I-485) to Register Permanent Residence or Adjust Status, require the USCIS to conduct a FBI fingerprint background check on the applicant. Most applicants that require a background check will be scheduled to appear at a specific Application Support Center (ASC). Apprehension The arrest of a removable alien by U.S. Immigration and Customs Enforcement (ICE). Each apprehension of the same alien in a fiscal year is counted separately. Asylee An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after 1 year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year. B-1 visa Non-immigrant visa for business visitors, such as: Participants to attend scientific, educational, professional, business, or religious conventions; Persons to work on specific projects in the U.S. and paid by a foreign employer; Business professionals to participate in commercial transactions (which do not involve gainful employment) such as negotiating contracts and consulting with business associates; Persons to undertake independent studies such as feasibility studies, market research or any such activity; Persons to attend professional or business conferences, workshops, or seminars; Business professionals to explore possibilities to set up a subsidiary of a foreign corporation, or to make investments; Personal or domestic servants to come to the U.S. with a U.S. citizen or nonimmigrant employer on B, E, F, H, I, J, L, M, O, P, R, or TN status; Technical personnel to install or service equipment pursuant to a contract of sale, or to provide after sales service; Business professionals to attend meetings as a member of the Board of Directors of a U.S. corporation; Persons to observe business, professional, or vocational activity as long as it does not involve any hands-on activity; Professional athletes to compete for tournament money and not for a salary; Professionals to conduct business consultations with business associates in the U.S.; Purchasing agents of a foreign employer to come to the U.S. to procure goods, components, or raw materials for use outside the U.S.; Foreign business persons coming to the U.S. in conjunction with Litigation; Persons rendering professional services in the U.S. that would otherwise qualify them for an H-1B visa, but who are paid for those services by a source outside the U.S.; Persons employed outside the U.S. who are paid from abroad, and who come to the U.S. to undertake an established training program that would qualify them for an H-3 visa; Employees of foreign airlines who are engaged in productive employment in the U.S. and paid in the U.S. who are not eligible for E-1 treaty trader status; Other persons such as for bona fide religious missionaries and crew members on yachts Special situations involving Canadians and Mexicans such as Canadian truck drivers who are paid by either Canadian or U.S. firms and who transport commodities across the Canadian Border; Foreign companies to send their personnel to the U.S. to install or service equipment pursuant to a contract of sale or to provide after sales service; U.S. companies to bring foreign business consultants for training or expert advice; U.S. universities to bring foreign guest speakers or lecturers. Beneficiaries Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer. Border Crosser An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours. Business Nonimmigrant An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources. Cancellation of Removal A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge. Certificate of Citizenship Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship). Child Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen. Civil Surgeon A medically trained, licensed and experienced doctor practicing in the U.S. who is certified by USCIS (U.S. Citizenship and Immigration Service). These medical professionals receive U.S. immigration-focused training in order to provide examinations as required by the CDC (Center for Disease Control and Prevention) and USCIS. For medical examinations given overseas, please see Panel Physician. IMPORTANT: medical examinations will not be recognized if they are given by a doctor in the U.S. who is not a Civil Surgeon; please make sure that your appointment is with a Civil Surgeon or your results and documents will be invalid. Conditional Resident Any alien granted permanent resident status on a conditional basis (e.g., a spouse of a U.S. citizen; an immigrant investor), who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status. Country of - Birth: The country in which a person is born. Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations. Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship. (Last) Residence: The country in which an alien habitually resided prior to entering the United States. Nationality: The country of a person’s citizenship or country in which the person is deemed a national. Crewman A foreign national serving in a capacity required for normal operations and service on board a vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he arrived. Cuban/Haitian Entrant Status accorded 1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the United States since before January 1, 1982, and who were known to Immigration before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986. Deferred Inspection See "Parolee" Deportable Alien An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status. Deportation The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement. Derivative Citizenship Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met. District Geographic areas into which the United States and its territories are divided for the Immigration and Naturalization Service’s field operations or one of three overseas offices located in Rome, Bangkok, and Mexico City. Each District Office, headed by a District Director, has a specified service area that may include part of a state, an entire state, or many states. District Offices are where most USCIS field staff are located. District Offices are responsible for providing certain immigration services and benefits to people resident in their service area, and for enforcing immigration laws in that jurisdiction. Certain applications are filed directly with District Offices, many kinds of interviews are conducted at these Offices, and USCIS staff is available to answer questions, provide forms, etc. Diversity A category of immigrants replacing the earlier categories for nationals of underrepresented countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965 (P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity program. Docket Control The DHS mechanism for tracking the case status of potentially removable aliens. Employer Sanctions The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations. Exchange Visitor An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. Exclusion Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien’s entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge. Fiance(e)s of U.S. Citizen A nonimmigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within 90 days after entry. Field Offices Offices found in some Districts that serve a portion of the District’s jurisdiction. A Field Office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to USCIS’ customers. Files Control Office An USCIS field office--either a district (including USCIS overseas offices) or a suboffice of that district--where alien case files are maintained and controlled. Fiscal Year Currently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976. Foreign Government Official As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens’ spouses and unmarried minor (or dependent) children. Foreign Information Media Representative As a nonimmigrant class of admission, an alien coming temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign information media and the alien’s spouse and unmarried minor (or dependent) children. Foreign State of Chargeability The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States, and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences. Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met. General Naturalization Provisions The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with 5 years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period. Geographic Area of Chargeability Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings. H-1B visa Non-immigrant visa for professionals, such as: Foreign professionals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor's or equivalent degree; Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. department of defense; Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations; Distinguished fashion models; U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills. H-1B1 Non-immigrant visa for professionals from Chile and Singapore. It applies to the situations of: A national of Chile and Singapore who is engaged in a specialty occupation requiring a theoretical and practical application of a body of specialized knowledge; and attainment of a post-secondary degree in the specialty requiring 4 or more years of study (or equivalent of such a degree) as a minimum for entry into the occupation; Business persons who do not possess a baccalaureate degree or its equivalent, but who will engage in the professions of: for Chileans only - Agricultural Managers, and Physical Therapists, and for both Chileans and Singaporeans - Disaster Relief Claims Adjusters; Foreign nationals from Chile and Singapore, certain Management Consultants who hold a baccalaureate degree in other than their specialty area; and U.S. companies to bring in qualified foreign professionals from Chile and Singapore for jobs that require a bachelor’s degree and specialized skills. Hemispheric Ceilings Statutory limits on immigration to the United States in effect from 1968 to October 1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit. INA See "Immigration and Nationality Act" IRCA See "Immigration Reform and Control Act of 1986 (IRCA)" Immediate Relatives Certain immigrants who because of their close relationship to U.S. citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older. Immigrant See "Permanent Resident Alien" Immigration Act of 1990 Public Law 101-649 (Act of November 29, 1990), which increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements. Immigration Judge An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removal proceedings. Immigration Marriage Fraud Amendments of 1986 Public Law 99-639 (Act of 11/10/86), which was passed in order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their immigrant status based on a marriage of less than 2 years are conditional immigrants. To remove their conditional status the immigrants must apply at an U.S. Citizenship and Immigration Services office during the 90-day period before their second-year anniversary of receiving conditional status. If the aliens cannot show that the marriage through which the status was obtained was and is a valid one, their conditional immigrant status may be terminated and they may become deportable. Immigration Reform and Control Act of 1986 (IRCA) Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders. Immigration and Nationality Act The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens. Inadmissable An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission. Industrial Trainee See "Temporary Worker" International Representative As a nonimmigrant class of admission, an alien coming temporarily to the United States as a principal or other accredited representative of a foreign government (whether officially recognized or not recognized by the United States) to an international organization, an international organization officer or employee, and all above aliens’ spouses and unmarried minor (or dependent) children. Intracompany Trainee (L-1) An alien, employed for at least 1 continuous year out of the last 3 by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien’s spouse and minor unmarried children. L-1A/L-1B Visa L-1 visa is for international transferees, such as: Foreign national executives (L-1A) being transferred to the U.S. to manage an organization or a major function or division of an organization; Foreign national managers (L-1A) being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision; Specialized Knowledge employees (L-1B) of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners; Employees (L-1B) and partners (L-1A) of international accounting firms; Multinational companies to transfer foreign national executives (L-1A) to manage an organization or a major function or division of an organization in the U.S.; Multinational companies to transfer foreign national managers (L-1A) to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.; Multinational companies to transfer employees with specialized knowledge (L-1B) such as, its products, research methods and marketing techniques L-2 Visa Non-immigrant visa for L-1’s dependents, i.e.: Spouse and children of L-1 visa holders who wish to visit the principal visa holder in the U.S. Spouse and children of L-1 visa holders who wish to accompany the principal visa holder Labor Certification Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work. Lawful Permanent Resident (LPR) Any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder." Legalization Dependents A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94. Legalized Aliens Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government. Legitmated Most countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless: only one of the parents is living, or both of the parents have abandoned the child. Medical Waiver A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis. Medical and Legal Parolee See "Parolee" Migrant A person who leaves his/her country of origin to seek residence in another country. NACARA Nicaraguan Adjustment and Central American Relief Act NATO Official As a nonimmigrant class of admission, an alien coming temporarily to the United States as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO (North Atlantic Treaty Organization), and the alien’s spouse and unmarried minor (or dependent) children. National A person owing permanent allegiance to a state. Naturalization The conferring, by any means, of citizenship upon a person after birth. Naturalization Application The N-400 form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant’s place of residence. Nonimmigrant An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. Nonpreference Category Nonpreference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Nonpreference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 nonpreference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Aliens born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special nonpreference visas. North American Free Trade Agreement (NAFTA) Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico. Numerical Limit, Exempt from Those aliens accorded lawful permanent residence who are exempt from the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt categories include immediate relatives of U.S. citizens, refugees, asylees (limited to 10,000 per year by section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina. Nursing Relief Act of 1989 Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements. Occupation For an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last legal residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued. Orphan The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before a dopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. Panama Canal Act Immigrants Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the U.S. Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year. Panel Physician A medically trained, licensed and experienced doctor practicing overseas who is appointed by the local U.S. Embassy or Consulate. These medical professionals receive U.S. immigration-focused training in order to provide examinations as required by the CDC (Center for Disease Control and Prevention) and USCIS (U.S. Citizenship and Immigration Services). For medical examinations given in the U.S., please see "Civil Surgeon." IMPORTANT: medical examinations given overseas will not be recognized if they are given by a doctor who is not appointed by the local U.S. Consulate or Embassy; please be sure that your medical exam is being given by a Panel Physician or your results and documents will be invalid. Parolee A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include: Deferred inspection: authorized at the port upon alien’s arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination. Advance parole: authorized at an USCIS District office in advance of alien’s arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart. Port-of-entry parole: authorized at the port upon alien’s arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency. Humanitarian parole: authorized at USCIS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations. Significant Public Benefit Parole: authorized at USCIS headquarters Office of International Affairs for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings when there is a benefit to the government. These requests must be submitted by a law enforcement agency. Overseas parole: authorized at an USCIS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens USCIS has processed through overseas parole have arrived under special legislation or international migration agreements. Per Country Limit The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance. Permanent Resident Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder." Permanent Resident Alien An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States. Port of Entry Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status. Pre-inspection Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant aliens.