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Important Terms and Definitions to Know in Immigration Law 

The immigration sector of law is ever-changing. As decades and even centuries of immigration have gone by, laws have changed and legislation has brought new laws into the picture while others have been overridden. With so many new reforms coming into the picture, more immigration terms and phrases make their way as well.

 

For the most part, people are familiar with terms such as “green card” or visa, naturalization, adjustment of status, and several others. But there are many other terms that might not be used as often but are still very important to know considering they can be used in any case at any time. We run through a quick list of terms that are often misleading or misused that way you can better understand the context they are used in. 

 

Amnesty (Legalization) 

 

The Immigration Reform and Control Act (IRCA) of 1986 was often referred to as an “amnesty,” considering it included more conditions and longer time periods depending on an immigrant’s status. Amnesty is an older term for legalization, which is why it may cause confusion in different cases. There has been some debate regarding which term is the appropriate term, as each one may pose negative connotations to either the supporters or opponents of the act. 

 

Deportation (Expulsion) vs. Extradition

 

These two terms are known for being used interchangeably, but they do not mean the same things. Extradition is used when a criminal suspect held by one government is relocated to another government to go to trial. If a suspect has already been tried and found guilty, that is when they are deported; this is also known as the process of expulsion. With that being said, extradition and expulsion are two different terms. 

 

Immigration and Customs Enforcement (ICE) vs. Customs and Border Protection (CBP)

 

Both organizations play a critical role in immigration law and in the modern-day activity of immigration, but they both have different responsibilities. Immigration and Customs Enforcement is an agency that conducts enforcement and removal operations regarding immigration violations. These officials also investigate crimes that involve the crossing of the U.S. border. 

Customs and Border Protection oversees and protects the border and ports of entry. This agency is also charged with regulating trade and commerce operations across U.S. borders. 

 

“Merit-Based” Immigration

 

This term is used in various immigration systems that select immigrants for permanent residence based on the overall characteristics, as opposed to other ties such as familial relationships. This term includes a form of a point system, allocating points to a prospective permanent resident based on their age, language skills, and education. Those who meet desired specifications may apply to immigrate and reside in the United States legally.

 

Asylum Seeker and Refugee 

 

An asylum seeker is what an individual is called before they become a refugee if they are accepted into the United States for asylum. Asylum seekers are individuals who come to the United States for protection due to fear of persecution in their home country on account of race, religion, nationality, and other factors. Once an individual is accepted, they become an asylee.

 

Once an individual is residing in the United States to be protected from their home country they become a refugee. The United States accepts a designated number of refugees every year. 

 

Temporary Protected Status 

 

This status can be granted to individuals who are from a country that is no longer deemed safe to return to due to conditions such as military conflict, natural disaster, and other scenarios. This does not provide a direct path to a green card but it also does not prohibit individuals from applying for permanent residency. 

 

Unaccompanied Migrant Children 

 

Children who have illegally crossed the United States border without an accompanying adult are considered unaccompanied migrant children. In recent years, studies and trends show that unaccompanied children are crossing more than they ever have. If they are apprehended, they are transferred to the Office of Refugee Resettlement with the Department of Health and Human Services. 

 

Quota System 

 

A quota system is that which limits the number of immigrants that may enter the United States every year. These limits are based on nationality or where immigrants are coming from. 

 

Learn News and Updates in Immigration Law with the Professionals at Fong Ilagan

 

It doesn’t matter where you are at in the process of legalization or what your citizenship status is; understanding immigration law can help you in the long run. Have questions about your case? Need legal assistance? We’re here to help. Contact us today to learn more about how we can help you.

Everything You Need to Know About U.S Immigration Status

Passport of USA (United states of America) next to a Guide for new Immigrants - Welcome to the United states and American Flag. Wooden Background.

Applying for residency or for citizenship in the United States is typically a long process. There’s so much to know about applying for residency and citizenship that you might not know exactly where to start. There are four different categories of citizenship status in the United States, so whatever category it is that you fall into, certain circumstances may affect you differently. 

 

Taking in all the information and doing your own research can be overwhelming, but with experienced immigration lawyers by your side, we can help you familiarize yourself with the process. Let’s discuss the different kinds of status in the U.S. and look into some questions surrounding the categories. 

 

U.S. Citizens

 

You are granted U.S. citizenship if you were born within the country. You may also have U.S. citizenship if you were naturalized through the United States Citizenship and Immigration Services (USCIS). Those who are naturalized must live in the United States for a number of years before being granted U.S. citizenship. You are able to work and exercise any rights you have as a U.S. citizen.

 

Legal Permanent Residents (LPRs)

 

LPRs are granted green cards, which authorize them to legally reside in the United States. Through a green card, they are also able to legally work in addition to living in the country. There are also conditional residents. Conditional residents can change to permanent status by filing Form I-751, with supporting evidence before their conditional residency expires. 

 

Temporary Visitor 

 

Temporary visitors, much like LPRs, are in the country legally, but they are here on a limited-time basis. Most temporary visitors come into the United States to enroll in college, for business or work, with their fiancees, or through temporary protected status. Those who apply for temporary visitorship typically are not seeking immigration to the United States. 

 

Undocumented

 

Those who are living and/or working in the country illegally are undocumented. This ultimately means that they were not given permission to reside or work in the United States and be deported back to their home country. If they are undocumented, they have no access to public benefits and do not have the rights that a U.S. citizen has. 

 

FAQs 

 

How can I apply for U.S citizenship if I am a lawful permanent resident?

 

Eligibility for citizenship depends on a number of things. USCIS requires that LPRs lived in the United States for anywhere from 3-5 years before applying for citizenship. It may be different if you are married to a United States citizen. 

 

What can I do if I would like to sponsor my spouse who is a foreign national?

 

It is best if you have your spouse with you in the United States under permanent residency so that they can apply for citizenship or simply change their status. Additionally, you must be in a solid financial standing that shows you can support you and your spouse should they be sponsored into the country. 

 

What can I do if I would like to sponsor a family member to come to the United States?

 

Similar to how spouses are sponsored, family members can be here either on permanent residency or temporary visitation in order to change their citizenship status in the United States. Oftentimes, the process works best for relatives who are close to the citizen, “immediate relatives” they are known as. It is important to be aware that being granted a visa can take several months and even years. 

 

If I am afraid to return to my country of nationality, what are my options here in the United States?

 

It is best to consult with an immigration lawyer so that they can determine the best path to take for relief. You may also be eligible to apply for asylum by providing substantial evidence that you are in danger if you go back to your home country. 

 

How can a criminal charge or conviction affect my immigration status? 

 

A criminal charge can be detrimental to your immigration status. Some people may even face the risk of being deported, depending on their status. If you are facing charges and are at risk of benign deported, contact a lawyer right away. 

 

Learn More with the Attorneys at Fong Ilagan 

 

We’re here to help those who are seeking immigration into the United States. Whether you are applying for citizenship or aim to sponsor your family, we want to be there to support you through the process. Contact us today to learn more about how you can get started with Fong Ilagan.

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