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IMMIGRATION AND NATURALIZATION LEGAL GLOSSARY |
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Glossary of Immigration and Naturalization Terms
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- P-
Panama Canal Act Immigrants: Three categories of
special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain
former employees of the Panama Canal Company or Canal Zone Government, their
spouses and accompanying children; 2) certain former employees of the U.S.
Government in the Panama Canal Zone who are Panamanian nationals, their spouses
and children; and 3) certain former employees of the Panama Canal Company or
Canal Zone Government on April 1, 1979, their spouses and children. The Act
provides for admission of a maximum of 15,000 immigrants, at a rate of no more
than 5,000 each year.
Panel Physician: A medically trained, licensed and experienced doctor
practicing overseas who is appointed by the local U.S. Embassy or Consulate.
These medical professionals receive U.S. immigration-focused training in order
to provide examinations as required by the CDC (Center for Disease Control and
Prevention) and USCIS (U.S. Citizenship and Immigration Services).
Parolee: A parolee is an alien, appearing to be inadmissible to the
inspecting officer, allowed into the United States for urgent humanitarian
reasons or when that alien’s entry is determined to be for significant public
benefit. Parole does not constitute a formal admission to the United States and
confers temporary status only, requiring parolees to leave when the conditions
supporting their parole cease to exist. Types of parolees include:
- Deferred inspection: authorized at the port upon alien’s
arrival; may be conferred by an immigration inspector when aliens appear at
a port of entry with documentation, but after preliminary examination, some
question remains about their admissibility which can best be answered at
their point of destination.
- Advance parole: authorized at an USCIS District office in
advance of alien’s arrival; may be issued to aliens residing in the United
States in other than lawful permanent resident status who have an unexpected
need to travel and return, and whose conditions of stay do not otherwise
allow for readmission to the United States if they depart.
- Port-of-entry parole: authorized at the port upon alien’s
arrival; applies to a wide variety of situations and is used at the discretion
of the supervisory immigration inspector, usually to allow short periods of
entry. Examples include allowing aliens who could not be issued the necessary
documentation within the required time period, or who were otherwise
inadmissible, to attend a funeral and permitting the entry of emergency workers,
such as fire fighters, to assist with an emergency.
- Humanitarian parole: authorized at USCIS headquarters or
overseas District Offices for "urgent humanitarian reasons" specified in the
law. It is used in cases of medical emergency and comparable situations.
- Significant Public Benefit Parole: authorized at USCIS
headquarters Office of International Affairs for "significant public
benefit" specified in the law. It is generally used for aliens who enter to
take part in legal proceedings when there is a benefit to the government.
These requests must be submitted by a law enforcement agency.
- Overseas parole: authorized at an USCIS District or
sub-office while the alien is still overseas; designed to constitute
long-term admission to the United States. In recent years, most of the
aliens USCIS has processed through overseas parole have arrived under
special legislation or international migration agreements.
Per-Country Limit: The maximum number of
family-sponsored and employment-based preference visas that can be issued to
citizens of any country in a fiscal year. The limits are calculated each
fiscal year depending on the total number of family-sponsored and
employment-based visas available. No more than 7 percent of the visas may be
issued to natives of any one independent country in a fiscal year; no more
than 2 percent may issued to any one dependency of any independent country.
The per-country limit does not indicate, however, that a country is entitled
to the maximum number of visas 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: Any person not a citizen of the United States who
is residing in the U.S. under legally recognized and lawfully recorded
permanent residence as an immigrant.
Permanent Resident Alien: An alien admitted to the United States as a
lawful permanent resident. Permanent residents are also commonly referred to
as immigrants; however, the Immigration and Nationality Act (INA) broadly
defines an immigrant as any alien in the United States, except one legally
admitted under specific non-immigrant categories (INA section 101(a)(15)).
An illegal alien who entered the United States without inspection, for
example, would be strictly defined as an immigrant under the INA but is not
a permanent resident alien. Lawful permanent residents are legally 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 U.S. Citizenship and Immigration Services in
the United States.
Port of Entry: Any location in the United States or its territories that
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.
Pre-Inspection: Complete immigration inspection of airport passengers
before departure from a foreign country. No further immigration inspection is
required upon arrival in the United States other than submission of Form I-94
for nonimmigrant aliens.
Preference System (prior to fiscal year 1992): The six categories among
which 270,000 immigrant visa numbers were distributed each year during the
period 1981-91. This preference system was amended by the Immigration Act of
1990, effective fiscal year 1992. The six categories were: 1) unmarried sons and
daughters (over 21 years of age) of U.S. citizens (20 percent); 2) spouses and
unmarried sons and daughters of aliens lawfully admitted for permanent residence
(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
non-preference category, historically open to immigrants not entitled to a visa
number under one of the six preferences just listed, had no numbers available
beginning in September 1978.
Preference System (Immigration Act of 1990): The nine categories since
fiscal year 1992 among which the family-sponsored and employment-based immigrant
preference visas are distributed. The family-sponsored preferences are: 1)
unmarried sons and daughters of U.S. citizens; 2) spouses, children, and
unmarried sons and daughters of permanent resident aliens; 3) married sons and
daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The
employment-based preferences are: 1) priority workers (persons of extraordinary
ability, outstanding professors and researchers, and certain multinational
executives and managers); 2) professionals with advanced degrees or aliens with
exceptional ability; 3) skilled workers, professionals (without advanced
degrees), and needed unskilled workers; 4) special immigrants; and 5) employment
creation immigrants (investors).
Principal Alien: The alien who applies for immigrant status and from whom
another alien may derive lawful status under immigration law or regulations
(usually spouses and minor unmarried children).
Priority Date: In the USCIS Immigrant visa petition application process,
the priority date is the date the petition was filed. If the alien relative has
a priority date on or before the date listed in the visa bulletin, then he or
she is currently eligible for a visa.
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