Immigration Terms (V, W, X, Y, Z)

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Visa

A stamp in one’s passport indicating authorization to come to the U.S., either in a particular nonimmigrant status or as an immigrant (LPR). Note: A visa is not a guarantee that one will be permitted to enter.

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Visa Bulletin

Published monthly by the U.S. Department of State (DOS) Visa Bulletin to show the movement of priority dates for the various family and employment preferences. When a case that is current one month is not current the next month, this is said to have retrogressed.

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Visa Lottery

See Diversity Visa.

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VisaScreen Certificate

A document that can be presented to a consular office or, in the case of adjustment of status, the attorney general, as part of a visa application. The VisaScreen Certificate evidences that the holder has completed a required screening program for health care professionals, other than physicians, in order to qualify for certain occupational visas. Screening includes an assessment of the applicant’s education to ensure it is comparable to a U.S. graduate in that same profession; verification that licenses are valid and unencumbered; English language proficiency; and, in the case of nurses, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® Examination.

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Visa Waiver Program (VWP)

Program enabling travelers from certain countries to visit the U.S. for business or pleasure for up to 90 days without a visa. The list of countries changes from time to time. A VWP traveler is not allowed to extend her/his stay or change statuses in the U.S.

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Voluntary Departure

1) as granted in removal / deportation proceedings, the lowest level form of relief, allowing one to leave the U.S. voluntarily, at his/her own expense, by a particular date. If a person fails to depart by the date specified, then the voluntary departure order would generally become a removal order. Leaving, or being expelled, after a removal order has been issued carries a bar on returning to the U.S., and it is difficult to have that bar waived. In contrast, leaving under a grant of voluntary departure is more favorable, though there may still be legal and practical problems in returning to the U.S. Each case is different, depending upon the particular facts. 2) administrative voluntary departure is a second type, which can be applied for in appropriate circumstances for a person who has not been placed into proceedings from the local District Director at USCIS.

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Waiver

An exception to a rule, granted on a case-by-case basis. Waivers are discretionary and most types are very difficult to obtain. Particular waivers are set forth in various sections of the immigration law and each has its own criteria. An example of a complex waiver is if a person would otherwise be inadmissible to the U.S. but requests an exception to avoid family hardship. In contrast, the visa waiver is quite simple.

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Withdrawal

The process of reversing a filed application when the applicant changes his/her mind. Generally withdrawal requires only a letter requesting that the case be withdrawn from consideration. Note that the government filing fees are not returned.

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Work Permit

An informal term for what is more properly known as an Employment Authorization Document (EAD).

 

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