Immigration Terms (D)
deferred inspection
The process of allowing a person into the U.S. on a provisional basis, requiring him/her to return to the Port of Entry (POE) at a later date with specific additional documentation demonstrating admissibility. This process is invoked if it is unclear to the Inspector at the POE whether the individual is eligible to enter the U.S. but it is believed the necessary information could be obtained after s/he reaches the U.S.
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deportation
Generally refers to the removal of a foreign national from a country after a hearing before an Immigration Judge. After the enactment of the Illegal Immigration and Immigrant Responsibility Act of 1996, deportation was replaced with removal proceedings.
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derivative beneficiary
See beneficiary.
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derivative citizenship
Generally grants U.S. citizenship to the LPR child of a U.S. citizen parent (by birth or naturalization), in a case where the child resides in the U.S. under the legal and physical custody of the U.S. citizen parent. Note: Different criteria can apply depending on the specific situation. One should consult an attorney to determine eligibility for derivative citizenship.
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DHS
See U.S. Department of Homeland Security
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diversity visa (lottery)
A U.S. immigration program the purpose of which is to increase the proportion of immigrants from countries with low rates of emigration to the U.S. People from high admission countries are therefore ineligible. Applications are submitted to the U.S. Department of State (DOS) according to guidelines and winners are chosen by random selection. Lottery winners then apply for AOS or CP to obtain the green card. However, the lottery is only valid for the fiscal year in which the selection is made, and applicants may run into problems if the USCIS or the consulates are unable to approve these applications before the end of the fiscal year, rendering the diversity visas no longer available.
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DOL
See U.S. Department of Labor.
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DOS
See U.S. Department of State.
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dual citizenship
Condition under which an individual is recognized as citizen by more than one country. While the U.S. generally does not recognize dual citizenship, there may be various situations in which another country considers a U.S. citizen to also be a citizen of that country. For example, a child born in the U.S. is a U.S. citizen until s/he voluntarily renounces that citizenship upon reaching the age of majority. But the country of his/her parents’ citizenship may also consider him/her to be their citizen, and s/he may have obtained a passport or other documentation from that country. Under that country’s law, there may also be particular requirements as to how to retain or renounce that citizenship.
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dual intent
A doctrine that permits a nonimmigrant to have both the intent to leave (nonimmigrant) and the intent to remain permanently (immigrant) at the same time, allowing extension of nonimmigrant status even after the filing of AOS. USCIS currently only recognizes dual intent for certain visa categories. Note: Although the dual intent doctrine permits extension of status, it does not necessarily permit travel while the AOS application is pending. AOS applicants should always consult their attorneys to determine whether they are permitted to travel.
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duration of status (D/S)
Indication on the I-94 card for an F-1 or J-1 visa holder instead of a fixed expiration date. The USCIS regulations define duration of status for F-1s as the period of study (as indicated on the I-20) plus any authorized optional practical training period (as indicated on the employment authorization document) plus a 60-day grace period. For J-1s, it is the duration of the program as indicated on the DS 2019 (formerly IAP-66), plus a 30-day grace period.