Family and Children's Medicaid MA-3330 – ALIEN REQUIREMENTS

III. GLOSSARY OF USCIS TERMS

The caseworker will encounter unfamiliar terms in processing applications from aliens. The following definitions are informational in nature and should not be used for any other purpose. They do not represent any formal stance or policy of DMA. Official definitions have been shortened or edited whenever necessary to facilitate use by the caseworker. Additional information regarding citizenship and immigration status may be found at the following website: http://www.uscis.gov/portal/site/uscis.

Alien: Any person who is not a citizen or national of the U.S.

Adjustment to Immigrant Status: Procedure allowing certain aliens already in the U.S. to apply for immigrant status. Aliens admitted to the U.S. in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one 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 U.S. for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the U.S. and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee.

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Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the U.S. on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the U.S. and acquire a visa abroad from the Department of State as they are again now.

Alien File (A-File): The history file containing all data and documentation pertaining to an individual alien. An A-File is created or amended when any one of several USCIS actions occurs, for example application for permanent resident status or for a Certificate of Citizenship. Alien Registration Numbers are assigned at the local File Control Office (FCO) processing the initial action. Each FCO has a set of pre-numbered folder jackets. The lower-number folders are used first.

Alien Registration Number (A-Number): A seven or eight digit number assigned to an alien at the time his Alien File is created.

Amerasian Act: Public Law 97-359 (Act of 10/22/82) provides for the immigration to the U.S. of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.

Amerasian (Vietnam): Immigrant visas are issued to Amerasians under Public Law 100-202 (Act of 12/22/87), which provides for the admission of aliens born in Vietnam after January 1, 1962, and before January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians may accompany the alien.

Asylee: An alien in the U.S. or at a port of entry who is found to be 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 must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the U.S. These immigrants are limited to 10,000 adjustments per fiscal year. The status is covered by section 212 of the Immigration and Nationality Act of 1952. (See also definition for refugee.)

Border Crosser: An alien resident of the U.S. re-entering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the U.S. 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. Entry for a citizen of Mexico requires a passport and a non-immigrant VISA or a DSP-150. (This is the same as a B1-B2 VISA.) The passport must be valid for 6 months beyond the initial period of stay in the U.S. (The I-586 is no longer valid as a border crossing document.)

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Central Index System (CIS): An automated system containing information on aliens. The CIS, from which ASVI is extracted, is the USCIS’s most complete database on aliens in the U.S.

Certificate of Citizenship: An identity document proving U.S. citizenship.

Certificate of Naturalization: An identity document proving U.S. citizenship.

Change of Non-Immigrant Status: The action of changing a non-immigrant's classification, e.g., from visitor to student.

Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he she is entitled to be protected.

Conditional Entrant: A refugee. (See also definition for refugee conditional entrant.)

Conditional Resident: An alien granted a two-year period of permanent resident status based on a "qualifying" marriage of a U.S. citizen or national, or permanent resident alien. Children of a U.S. citizen or national, or permanent resident alien also may have this status. The conditional status may be removed after two years, when USCIS rules favorably or unfavorably on granting permanent lawful resident status to the alien.

Cuban-Haitian Entrant: The status afforded to (a) Cubans who entered the U.S. illegally between April 15, 1980, and October 10, 1980, and to (b) Haitians who entered the country illegally before January 1, 1981. This status is covered by section 502(e) of INA. Cubans and Haitians meeting these criteria who have continuously resided in the U.S. since before January 1, 1982, and who were known to the USCIS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

Document Verification Request (Form G-845S): A form designed for use by entitlement benefit agencies to request additional verification of alien status and sponsorship from USCIS under the Immigration Reform and Control Act of 1986.

Documented Alien: An alien in the U.S. who is in possession of valid documents.

File Control Office (FCO): An USCIS field office where Alien Files are maintained.

Green Card: A slang term describing the Alien Registration Receipt Card (Form I-151 or Form I-551). Many versions of these forms are not green in color.

Illegal Alien: A foreign national who (a) entered the U.S. without inspection or with fraudulent documentation or (b) who, after entering legally as a non-immigrant, violated status and remained in the U.S. without authorization. (See also definition for undocumented alien.)

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Immigrant: An alien who has been lawfully afforded the privilege of residing permanently in the U.S. His status allows authorization for work and entitlement benefits. (See also definitions for lawful permanent resident alien and permanent resident alien.).

Immigrant Visa: A document, issued by a U.S. consul abroad, which authorizes an alien to apply for admission as an immigrant to the U.S.

Immigration and Nationality Act of 1952 (INA): The Act (INA), which, along with other immigration laws, treaties, and conventions of the U.S., relates to the immigration, temporary admission, naturalization, and removal of aliens.

Immigration Reform and Control Act of 1986 (IRCA): Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the U.S. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.

Immigration Status: The legal status conferred on an alien by immigration laws.

Immigration Status Verifier (ISV): A USCIS employee that performs additional verification duties at local File Control Offices or a county worker completing verification in the SAVE system.

Lawful Permanent Resident Alien: Any person not a citizen of the U.S. who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder."

Legalization: A program whereby an illegal alien may receive amnesty and adjust his immigration status to that of a temporary resident. The alien must establish proof of entry prior to January 1, 1982, and continuous unlawful residence since that time. This program is covered by section 245(A)(c)(5) of IRCA.

Migrant: A person who leaves his/her country of origin to seek residence in another country.

Nationality: The state or country to which a person owes legal allegiance. Note that the country of birth does not necessarily correspond to the nationality.

Naturalization: The conferring of nationality of a state or country upon a person who has been born under allegiance to another nation.

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Non-immigrant: An alien who seeks temporary entry to the U.S. for a specific purpose. This category includes foreign government officials, visitors for business and pleasure, and students. Some non-immigrants have specialized employment privileges, for example, foreign nationals who are employees of the U.S. office of a foreign-owned company.

Non-Immigrant Information System (NIIS): The USCIS online files that store information on non-immigrants in the U.S., such as foreign visitors, government personnel, and ship and flight crews.

Parolee: An alien, who appears to be inadmissible to the inspecting officer, that is allowed to enter the U.S. under emergency conditions or when the alien's entry is determined to be in the public interest. Although parolees are required to leave when the conditions supporting their parole cease to exist, they may sometimes adjust immigration status to asylee. Parolee status is covered by section 212 of INA.

Passport: Any travel document issued by competent authority showing the bearer's origin, identity, and nationality, if any, which is valid for the entry of the bearer into a foreign country.

Permanent Resident Alien: A person that enters the country with an immigrant visa or adjusts his status after entering as a non-immigrant, refugee, or asylee. Permanent residents are also commonly referred to as immigrants. Lawful permanent residents are legally accorded the privilege of residing permanently in the U.S. Persons with this status are entitled to live and work in the U.S. and collect entitlement benefits, if qualified. (See also definitions for immigrant and lawful permanent resident alien.)

PRUCOL: A person permanently residing in the U.S. under color of law. This is not a status as defined by the Immigration and Nationality Act of 1952.

Refugee Conditional Entrant: An alien who entered the U.S. or who adjusted his status to lawful permanent resident under the seventh preference category of Public Law 89-236, which was enacted in 1965. This status was established by section 203(a)(7) of INA, but the seventh preference was abolished by the Refugee Act of 1980 (Public Law 96-212).

Special Agricultural Worker (SAW): An alien who has resided in the U.S. and performed agricultural labor for at least 90 man-days during the one-year period prior to May 1, 1986. This alien may be granted temporary lawful resident alien status. The SAW status is limited to the first 350,000 aliens that apply. This program is covered under section 210(b)(6) of IRCA.

Students/Schools System (STSC): The USCIS online file that contains information on foreign students in U.S. academic and vocational educational institutions.

Systematic Alien Verification for Entitlements (SAVE): A web-based system used by state agencies to verify the status of an alien in order to determine eligibility for entitlement benefits.

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Temporary Lawful Resident Alien: An alien granted a one year period of lawful resident status based on his qualifications under the legalization or SAW programs. The temporary status may be removed after one year, when USCIS rules favorably or unfavorably on granting permanent lawful resident status to the alien.

Undocumented Alien: An alien in the U.S. without proper documentation. He is in violation of U.S. immigration law. (See also definition for illegal alien.)

United States: Defined in a geographical sense as the continental U.S., Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands, and Northern Mariana Islands.