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Glossary The terms as well as the list of acronyms in this glossary are highly selective and include only some of the more commonly used terms and acronyms found in the report. ACQUIRED CITIZENSHIP - Citizenship conferred at birth for children born abroad to a citizen parents. 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 or other category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa as a permanent resident and an immigrant visa 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 n~riod of ALIEN - Any person not a citizen or a national of the United States. ALIEN ADDRESS REPORT PROGRAM - A now-defunct annual registration program for aliens. Until P.L. 97-116 (Act of 12/29/81) eliminated the stipulation, all aliens in the United States were required to register with the Immigration and Naturalization Service each January. Nationality and state of residence data were compiled annually on the alien population reporting under the program. The last year for which data are available is 1980. APPREHENSION - The arrest of a Reportable alien by the Immigration and Naturalization Service. 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 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 may be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the 149
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150 country of nationality is considered to be the one in which the alien last habitually resided. BENEFICIARIES - Those aliens who receive immigration benefits from petitions filed with the Immigration and Naturalization Service. Beneficiaries generally derive privilege or status as a result of their relationship (including that of employer-employee) to a U.S. citizen or lawful permanent resident. BORDER CROSSER - An alien or citizen resident of the United States reentering the country across land borders 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, or a U.S. citizen residing in Canada or Mexico who enters the United States frequently for business or pleasure. BORDER PATROL SECTOR - Any one of 21 geographic areas into which the United States is divided for the Immigration and Naturalization Service's Border Patrol activities. Of the 21 sectors, all but one are located along the northern and southern borders of the United States. 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). COUNTRY OF FORMER ALLEGIANCE - The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship. COUNTRY OF LAST RESIDENCE - The country in which an alien habitually resided prior to entering the United States. CREWMAN - A foreign national serving in any capacity on board a vessel or aircraft. Crewmen are admitted for 29 days, with no extensions. Crewmen required to depart on the same vessel on which they arrived are classified as D-ls. Crewmen who depart on a vessel different than the one on which they arrived are classified D-2s. CUBAN/HAITIAN ENTRANT - Status accorded: (1) Cubans who entered the United States illegally prior to June 19, 1980, and (2) Haitians who entered the country illegally before January 1, 1981. DECLARATION OF INTENTION - Form once filed by a lawful permanent resident as the first step toward naturalization. After two years' residence as an immigrant, the alien could file an application for naturalization. A declaration of intention has not been required of all applicants for naturalization since 1952. However, an immigrant may need to file the form for employment purposes. DE PORTABLE ALIEN - An alien in the United States subject to any of the 19 grounds of deportation specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of
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151 whether the alien entered the country illegally or entered legally but subsequently violated the terms of his or her visa. DEPORTATION - The formal removal of an alien from the United States when the presence of that alien is deemed inconsistent with the public welfare. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. DERIVATIVE CITIZENSHIP - Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to spouses of citizens at marriage. nISTRICT - Any one of 35 geographic areas into which the United States and its territories are divided for INS field operations or one of three overseas offices located in Rome, Hong Kong, or Mexico City. Operations are supervised by a district director located at a district office within the district's geographic boundaries. EMIGRANT - A person who leaves one country to live in another country. EXCLUSION - The formal denial of an alien's entry into the United States. The exclusion of the alien is made by an immigration judge after an exclusion hearing. EXEMPT FROM NUMERICAL LIMITATIONS - Those aliens accorded lawful permanent residence who are exempt from the provisions of the preference system set forth in immigration law. Exempt categories include immediate relatives of U.S. citizens, refugees, special immigrants, and certain other immigrants. EXPATRIATION - The loss of citizenship as a result of a formal transference of loyalties to another country. FILES CONTROL OFFICE - An INS field office--either a district office (including INS overseas offices) or a suboffice of that district--in which alien case files are maintained and controlled. FISCAL YEAR - The 12-month period beginning October 1 and running through September 30. Prior to fiscal 1977, the fiscal year ran from July 1 through June 30. FOREIGN STATE OF CHARGEABILITY - The independent country to which an immigrant entering under the preference system is accredited. Independent countries cannot exceed 20,000 immigrants in a fiscal year. Dependencies of independent countries cannot exceed 600 of the-20,000 limit. 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, a lawful permanent resident with 5 years of continuous
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152 residence in the United States, and to have been physically present in the country for half that period. GEOGRAPHIC AREA OF CHARGEABILITY - Any one of f ive regions--Africa, East Asia, Latin America and the Caribbean, the Near Eas t, and South As ia, and the USSR 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 number of refugees that can be admitted to the United States from each area. 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-c~untry limit of 2O,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 subject to a 20,000 per-country limit. ILLEGAL ALIEN - A person entering the United States without inspection by the INS, or with fraudulent documentation, or entering legally but subsequently violating the visa teems. 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) of citizens, parents of citizens 21 years of age or older, and orphans adopted by U.S. citizens who are at least 21 years of age. IMMIGRANT - An alien admitted to the United States as a lawful permanent resident. Immigrants are those persons lawfully 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 INS in the United States. INTERNATIONAL MIGRATION - A change of residence across national boundaries. LABOR CERTIFICATION - Requirement falling on (1) those persons whose immigration to the United States is based on job skills (third, sixth, and nonpreference immigrant categories) and (2) nonimmigrant temporary workers (H-2s) coming to perform` services unavailable in the United States. Labor certification is awarded by the secretary of labor when there are insufficient numbers of U.S. workers available to undertake the employment sought by an applicant and when the alients employment will not have an adverse effect on the wages and working conditions of U.S. workers similarly employed. Determination of U.S. labor availability is made at the time of a visa application and at the location in which the appl icant wishes to work. NATIONALITY - The country of a person's citizenship.
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153 NATURALIZATION - The conferring, by any means, of citizenship upon a person al ter birth. NATURALIZATION COURT - Any court authorized to award U.S. c it izenship. Jurisdiction for naturalization has been conferred upon the following courts: U.S. District Courts in all states, the District of Columbia, and Puerto Rico; the District Courts of Guam and the Virgin Islands; and state courts. Generally, naturalization courts are authorized to award citizenship only to those persons who reside within their territorial · · . @ Jurisdiction. NATURALIZATION PETITION - The form used by a lawful permanent resident to apply for U.S. citizenship. The petition is filed with a naturalization court through the Immigration and Naturalization Service. NEW ARRIVAL - A lawful permanent resident alien who enters the United States at a port of entry. The alien is generally required to present an immigrant visa, issued outside the United States by a consular officer of the Department of State. Three classes of immigrants, however, need not have an immigrant visa to enter the United States--children born abroad to lawful permanent resident aliens, children born subsequent to the issuance of an immigrant visa to accompanying parents, and American Indians born in Canada. NONIMMIGRANT - An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad and qualify for the nonimmigrant classification sought. Nonimmigrants include: foreign government officials, officials and employees of international organizations, visitors for business and pleasure, crewmen, students, trainees, and temporary workers of distinguished merit and ability or who perform services unavailable in the United States. Refugees are also considered nonimmigrants when initially admitted. NONPREFERENCE CATEGORY - Visa numbers not used in any of the first six categories of the preference system (see Figure 2-2~. Nonpreference visas are available to any applicant not entitled to one under the other preferences. Nonpreference numbers have been unavailable since September 1978 because of high demand in the preference categories. 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 or legal residence or the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued. Labor certification would be issued to immigrants in the third, sixth, and nonpreference categories or to nonimmigrant temporary workers (H-2) performing services unavailable in United States. OCCUPATIONAL PREFERENCES - The third and sixth categories of the preference system. Third preference allows for the admission of members of the professions and scientists or artists of exceptional ability. Sixth preference covers skilled or unskilled occupations for which labor is in short supply in the United States.
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154 PAROLEE - An alien allowed to enter the United States under emergency conditions or when that alien's entry is determined to be in the public interest. Parole is temporary and does not constitute a formal admission to the United States. Persons paroled into the United States are required to leave when the conditions supporting their parole cease to exist. PER-COUNTRY LIMIT - The maximum number of immigrant visas that can be issued to any one country in a fiscal year. Independent countries can current ly use no more than 20, 000 visa numbers; the ir dependent ies no more than 600 of that total. The per-country limit does not mean, however, that a country will be given 20, 000 visa numbers 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 ALIEN - A person entering the country with an immigrant visa, or adjusting to this status after having entered on a nonimmigrant visa or as a refugee or asylee, and thus entitled to live and work in the United States. PORT OF ENTRY - Any location in the United States or its territories which 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. PREFERENCE SYSTEM - The six categories among which 270,000 immigrant visa numbers are distributed each year: (1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20 percent); (2) spouses and unmarried sons and daughters of lawful permanent residents (26 percent); (3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); (4) married sons and daughters of U.S. citizens (10 percent); (5) brothers and sisters of U.S. citizens over 21 years of age (24 percent); and (6) needed skilled or unskilled workers (10 percent). A seventh nonpreference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, has had no numbers available since September 1978. PRINCIPAL ALIEN - The alien from whom another alien derives a privilege or status under immigration law or regulation. REFUGEE - Any person who is outside his or her country of nationality and who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof may be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must be outside their country of last habitual residence to qualify as a refugee. REFUGEE APPROVALS - The number of refugees approved for admission to the United States during a fiscal year. Refugee approvals are made by INS officers in overseas offices.
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155 REFUGEE AUTHORIZED ADMISSIONS - The maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980, P.L. 96-212, the annual figure is determined by the President after consultations with Congress. REFUGEE-CONDITIONAL ENTRANT - An alien who entered the United States or who adjusted to lawful permanent resident status under the seventh preference category of P.L. 89-236, the Act of October 3, 1965. Visa numbers for conditional entrants were limited to 6 percent of the total numerical limitation. The seventh preference was abolished by the Refugee Act of 1980 (P.L. 96-212) and the 6 percent limitation assigned to second preference. At the same time, the worldwide numerical limit was reduced from 290,000 to 270,000. REFUGEE-PAROLEE - A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States. REGION - Any one of four areas of the United States among which the Immigration and Naturalization Service's district offices are divided for administrative purposes--Eastern Region, Southern Region, Northern Region, and Western Region. RELATIVE PREFERENCES - The first, second, fourth, and fifth categories of the preference system. The first preference allows the entry of unmarried sons and daughters (over 21 years of age) of U.S. citizens. Second preference covers spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence. Fourth preference allows for the entry of married sons and daughters of U.S. citizens. Fifth preference deals with the brothers and sisters of U.S. citizens, provided such citizens are at least 21 years of age. REQUIRED DEPARTURE - The directed departure of an alien from the United States without an order of deportation. The departure may be voluntary or involuntary on the part of the alien and may or may not have been preceded by a hearing before an immigration judge. SILVA IMMIGRANTS - Immigrants from independent Western Hemisphere countries and their spouses and children who were issued preference numbers under the Silva Program (1977-1981~. The Silva Program was instituted by court order to provide for the recapture of 144,946 preference visa numbers originally used for Cuban refugee adjustments. Silva numbers, although subject to an overall numerical limitation, were assigned in addition to the annual worldwide ceiling. SIMPSON-MAZZOLI - Shorthand reference to legislation sponsored by Senator Simpson (Wyoming) and Representative Mazzoli (Kentucky) to amend the Immigration and Nationality Act. Somewhat different versions of the legislation were approved by each House; passage of a reconciled version of the legislation was not accomplished before final adjournment of the 98th Congress.
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156 SPECIAL IMMIGRANTS - Certain categories of immigrants exempt from numerical limitations on visa issuance--persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion, their spouses and children; certain employees or former employees of the U.S. government abroad, their spouses and children; and Panama Canal Act immigrants. SPECIAL NATURALIZATION PROVISIONS - Provisions covering special classes of persons who may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: (1) wives or husbands of U.S. citizens to be naturalized in 3 years instead of the prescribed 5 years; (2) a surviving spouse of a U.S. citizen who served in the argued forces to file in any naturalization court instead of where he or she resides; (3) children of U.S. citizen parents to be naturalized without meeting the literacy or government-knowledge requirements or taking the oath, if too young to understand its meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad. STATELESS - Having no nationality. SUBJECT TO NUMERICAL LIMITATIONS - Condition imposed on all immigration to the United States, except for the immediate relatives of U.S. citizens and certain special immigrants. The number of aliens accorded lawful permanent residence under the provisions of the preference system must not exceed 270,000 in any fiscal year. The preference system provides for the admission of relatives of citizens (other than immediate relatives), immediate relatives of lawful permanent resident aliens, aliens in specified occupations, as well as other immigrants. SUSPENSION OF DEPORTATION - A discretionary benefit adjusting an alien's status from that of deportable alien to one lawfully admitted for permanent residence. Application for suspension of deportation is made during the course of a deportation hearing before an immigration judge. TRANSITION QUARTER - The three-month period (July 1 through September 30, 1976) between fiscal 1976 and fiscal 1977. At that time, the fiscal year calendar shifted from July 1 - June 30 to October 1 - September 30. WORLDWIDE CEILING - The numerical limit imposed on immigrant visa issuance worldwide beginning in fiscal 1979. The current ceiling totals 270,000 visa numbers. Prior to enactment of P.L. 96-212 on March 17, 1980, the worldwide ceiling was 290,000. The ceiling in fiscal 1980 was 280, 000. Selected Acronyms ADP - Automated data processing CPS - Current Populat ion Survey ICM - Intergovernmental Committee on Migration IMDAC - Immigrant Data Capture System
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157 INA INS MIRAC NCHS NIDC NITS OMB ORR RPG SRS SSA TSC Immigration and Nationality Act Immigration and Naturalization Service Master Index Remote Access Capability System National Center for Health Statistics Nonimmigrant Document Control System Nonimmigrant Information System Office of Management and Budget Office of Refugee Resettlement Refugee Policy Group Statistical Reporting System Social Security Administration Transportation Systems Center
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Representative terms from entire chapter: