Shaftel Law’s immigration dictionary of law terms and legal definitions covers information specific to the US immigration policy and beyond. While making sense of the how the US immigration system works might not be easy, a few other great resources include our Immigration FAQs section, blog and the US Citizenship and Immigration Services (USCIS) site.
Adjustment to Immigrant Status (AOS)
Adjustment to Immigrant Status is the process of applying for a green card within the United States. Individuals apply to adjust their status from a nonimmigrant status, or even from no status, to a lawful permanent resident (green card holder). If applying for a green card from outside of the United States, see Immigrant Visa Processing.
The process of being designated a refugee on U.S. soil. Must still meet the definition of refugee. See Refugee. The difference is that a person applies for asylum if at a U.S. port of entry or within the U.S., while in contrast, a refugee is someone who meets this definition but is outside the U.S. A refugee must be designated as such by the United Nations High Commission on Refugees (UNHCR). Once determined to be a refugee, the UNHCR will determine where to re-settle you throughout the world.
Change of Status (COS)
Change of Status refers to filing an application with USCIS to change from one immigration status to another.
Consular process refers to applying for a visa at a consulate.
A consulate is a U.S. department of state office located in a foreign country. Consulates are satellite offices of the U.S. embassy in each country, which is the main DOS office (the “HQ”) in each country.
A green card is the identification document provided to lawful permanent residents (LPR) to prove their status. LPRs are required to have and keep on their person their green card; however, losing your green card or letting it expire does not mean that you have lost your permanent resident status. The green card is only proof of this status (unless you are a conditional permanent resident, in which case you may lose your status if your two-year green card expires.)
In the immigration law world, immigrant has a very specific meaning; namely, a person who has or intends to become a lawful permanent resident and therefore has the intent to permanently reside in the United States. Consequently, immigrant, green card holder, and lawful permanent resident all mean exactly the same thing.
Immigrant Visa Processing (IVP)
Immigrant Visa Processing is the process of applying for a green card from outside of the United States (in contrast to Adjustment of Status, the process within the United States). The IVP process generally begins with the filing of a I-130 (petition for family member) or a I-140 (petition for worker). After the initial petition is approved, a number of documents are sent to the National Visa Center, the agency responsible for reviewing documents and setting up final immigrant visa interviews at U.S. Consulate and Embassies abroad. The final step is an interview at an U.S. consulate or embassy.
National Visa Center
The National Visa Center is a Department of State agency responsible for collecting and reviewing all documents necessary for Immigrant Visa Processing, and setting up immigrant visa interviews at U.S. consulates and embassies abroad. If you apply for an immigrant visa abroad, you must go through the National Visa Center to complete the precursor steps to your immigrant interview.
A person who has faces a risk of PERSECUTION (harm) ON ACCOUNT OF one of the 5 protected grounds: race, religion, nationality, political opinion, social group
A non-immigrant (temporary) visa granted to victims of certain designated crimes. Additionally, you must meet several other requirements related to the severity of the crime and your helpfulness to the investigation and prosecution of the crime.
the main U.S. DOS office located in each country. We have Embassies in all countries that we have diplomatic relations with. Currently, we have 294 consulates and embassies worldwide