Glossary of Immigration Law Terms

Our Firm wants you to be as informed as possible. We feel that the following is a helpful explanation of some important common legal terms in immigration law. Browse this page to learn more about how normal, everyday words have surprising legal definitions. Feel free to ask a question about a certain term, or if you want to know about another term not on this page.

A - D

Asylum
Immigration relief granted to bona fide refugees. This relief is wholly within the discretion of the Attorney General. See definition of “refugee.”

Citizenship and Immigration Services (USCIS)
Part of the Department of Homeland Security. The primary focus of USCIS is administering immigration benefits and services. Similar to customer service. This is where Family and employment petitions, citizenship applications, and VAWA applications are sent.

Crime of Moral Turpitude
What exactly constitutes a crime of moral turpitude, we’re not exactly sure. CMT is not defined in the statutes. This is why you should contact an attorney. Attorneys will resort to researching the case law. What we do know is that some sort of “evil intent” must be an essential element of the crime.

If an alien is convicted, admits to having committed, or admits to attempting a crime of moral turpitude, s/he is inadmissible. See definition of inadmissibility.


Customs and Border Protection (CBP)
Part of the Department of Homeland Security, the CBP is responsible for guarding U.S. ports of entry. They inspect all who enter the US lawfully and enforce customs laws.

E - I


EWI
Pronunciation: \ee-whee\. n.
A person who entered without inspection. This is the proper legal term for “illegal immigrant.”

Green Card
Proof of LPR status. The card isn’t actually green, but looks like a drivers license. They are valid for 10 years and then must be renewed. All adult LPRs are required to carry their green card on them.

Illegal Entry
An alien who is classified under “illegal entry” is inadmissible. (See definition of inadmissibility, below).
Illegal entry includes the following:

  • Any alien present without being admitted. Exception is battered women & children
  • Failure to attend removal proceeding.
  • Stowaways – see 101 definition.
  • Smugglers
  • Student visa abusers. Inadmissible until the alien has been outside the U.S. for 5 years after the violation.

Immediate Relative
A legal term of art that refers to the spouse, child, or parent of a U.S. citizen. There is no quota limit for immediate relatives’ entry into the U.S. Therefore, immediate relatives have the highest priority among family immigrants and may enter the U.S. almost immediately after approval of their petition.

Immigrant
Immigrant is the legal term of art used by U.S. immigration law to refer to people who intend to live permanently in the U.S. and abandon their foreign residence. Anyone applying for a visa (whether permanent or temporary) is presumed to have “immigrant intent.” An immigrant visa grants a person lawful permanent residence.

Immigration and Customs Enforcement (ICE)
This branch of the Department of Homeland security responsible for removal. ICE initiate removal proceedings, investigate illegal immigrants. If an EWI is arrested by city or state police, ICE will intervene and place a hold on the detainee, preventing the availability of bail.

Inadmissibility
An alien deemed inadmissible may not enter the United States. The U.S. government has a long and complicated list of conditions that exclude people from coming to the U.S., that includes:
  1. Health
  2. Crimes
  3. Security threat
  4. Public charge
  5. Labor certification
  6. Illegal entry
  7. Documentation
  8. Citizenship ineligibility
  9. Previously removal
  10. Miscellaneous – polygamy, child abduction, etc.

Immigration and Naturalization Service (INS)
A department of the U.S. government created in 1933 to oversee enforcement of immigration law until 2003. After the events of 9/11, the Bush administration created the Department of Homeland Security and assigned all immigration duties to it.

L - P


Lawful Permanent Resident (LPR).
Someone who has a green card. LPR status affords most of the rights of citizenship. The important thing to remember is that an LPR can still be deported in some circumstances, including certain criminal convictions.

National
Person owing permanent allegiance to a state.

National of U.S
A U.S. citizen, or a non-citizen who owes permanent allegiance to U.S.

Nonimmigrant
A person coming to the U.S. temporarily and intends to eventually return to their foreign residence. Anyone applying for a nonimmigrant visa (i.e. a temporary visa) has the burden of proving to the U.S. government that they do not have “immigrant intent” and plan to remain in the U.S. only temporarily.

Outlying Possessions of the United States
Under Section 101(a)(29) of the INA, there are two outlying possessions of the United States:

  1. American Samoa
  2. Swains Island
A child who is born in a U.S outlying possession is a citizen at birth if at least one parent was a U.S. citizen, and had a continuous physical presence of 1 year within the U.S. prior to birth.

R - Z


Refugee
A refugee is a person who qualifies for asylum. A person is a refugee if they meet all three of the following criteria:

  1. Currently outside of their home country;
  2. Unable or unwilling to return, because of
  3. Persecution on the account of their race, religion, nationality, participation in a particular social group, or political opinion.

Removal
Removal = deportation. The U.S. Immigration code provides a list of removable offenses. If you receive notice of removal proceedings, you should contact a lawyer immediately.

United States
For immigration purposes, the United States consists of the following lands:
  1. Continental U.S
  2. Alaska and Hawaii
  3. Puerto Rico
  4. Guam
  5. Virgin Islands
A person born in any of the above areas is a U.S. citizen at birth.

U.S. Citizen (USC)
Someone who owes allegiance to the U.S. government, is entitled to its protection, and enjoys the highest level of rights.
The most important element of U.S. citizenship is that a USC cannot be deported.

Visa Waiver program
An international agreement between the United States and 27 other countries, whereby under the agreement, citizens of those participating countries do not need a visa to enter the U.S. for tourism. See Dept. of State website for complete list of participating countries.


Important Cases in Immigration Law History

Nishimura Ekiu v. United States, 142 U.S. 651 (1892)
The Supreme Court held that it is an accepted maxim of international law that every sovereign nation has the power to forbid entrance of foreigners as it may see fit.

Yick Wo v. Hopkins, 118 U.S. 356 (1886)
The Court held that Equal Protection applies to non-citizens.
Also, ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of Equal Protection.



Important Disclaimer:
The information on this page is general information, not legal advice. Legal advice is a professional opinion about what you should do.

In order to give legal advice, an attorney must know everything about your case. Therefore, you should schedule an appointment to speak with an attorney about your specific situation.

Further, immigration law is subject to frequent change by the Courts and by Congress. Thefefore, the information provided herein may not be accurate or current. You should contact an attorney for legal advice in your situation.