Without years of school and additional practice, understanding all the laws that guide the United States can be challenging, and actually near impossible. While it’s always best to consult with a professional attorney who specializes in a particular area of law, such as Shawn Sedaghat, a prominent immigration lawyer in California, it’s also helpful if you go into your first consultation knowing a little about your situation.
Below are a list of key terms often used when discussing all areas of immigration law including green cards, residency, visas and removal proceedings.
Abandonment of residency – If you are considered a permanent resident of the United States, but not a citizen, and you leave America for a time period of more than one year, you can be charged with abandonment of residency. This is because after a one-year absence in the country, the government automatically assumes that you no longer wish to be a permanent resident, and your privileges are revoked.
Asylee – An asylee is the term that refers to an immigrant, legal or illegal, who has been granted protection to stay in the United States indefinitely because if he returns to his native country, he will be persecuted based solely on issues such as his race, religion, or political views and not because of anything criminal or illegal that he has done.
Biometrics – The measurement of a physical characteristic of an individual that can be stored in a database and later used to confirm your identity. The United States government now requires travelers from foreign countries to submit their fingerprints and take a photograph when entering and leaving America so that their identity can be verified and their travels can be monitored.
Conditional green card – If you are seeking a green card because you have married an American citizen or permanent resident, then within the first two years of your marriage, you will be issued this conditional green card which has an expiration date of two years. In order to get the conditions lifted, you and your spouse must submit a petition and prove that your marriage is legitimate so that you can receive your own 10-year permanent residency green card.
Deported – This refers to the act of being forced to return to your country of origin if you are not a United States citizen but are currently living in America.
Excluded – Upon your arrival to America at a port of entry, such as at an airport, you are barred from entering the country. This differs from being deported because you never actually made it into the United States.
Foreign national – A term used to describe anyone who is not legally considered a citizen or permanent resident of the United States.
Labor certification – A requirement for American employers who are seeking to hire immigrants for temporary work for which qualified workers are unavailable in the United States. If you are an immigrant looking to have an American company sponsor your green card application, then your American employer will have to first receive labor certification.
Removed – Since the Illegal Immigration Reform and Immigrant Responsibility Act was passed, this term now refers to anyone who is not a citizen of the United States who is being deported or excluded from America.
Visa – Legal documents that allow someone from a foreign country to enter the United States based upon a certain legal classification such as tourist, student, worker, or spouse.
Visa waiver program – The program established between the United States and many European countries so that citizens of any approved country (including America) can travel back and forth for up to 90 days for tourist and business purposes without having to first obtain a visa.
