Immigration Terms (C)
cancellation of removal (also, cancellation)
A form of relief for one facing removal proceedings to either retain current lawful permanent resident status or obtain permission to remain in the United States and, ultimately, become a lawful permanent resident. Cancellation of removal (formerly Suspension of Deportation) is based on highly stringent criteria that vary according to whether one is already a permanent resident. There is also a special program for battered spouses and children. Note: General criteria for a person who is not a permanent resident are: (a) must have been in the U.S. for ten years, (b) must be a person of good moral character, and (c) must show that removal from the U.S. would cause exceptional and extremely unusual hardship to a USC or LPR spouse, parent, or child. Establishing exceptional and extremely unusual hardship is very difficult. Note also that hardship to the applicant him- or herself is not considered. The decision is made by an Immigration Judge after careful review of all the facts in a trial-type hearing.
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CBP
See U.S. Customs and Border Patrol
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CGFNS (Commission on Graduates of Foreign Nursing Schools)
A non-profit, independent credentialing organization established to ensure that the credentials of foreign-born health care professionals meet the professional standards required to practice in the U.S. The CGFNS offers fee-based services for the purpose of evaluating the equivalency of academic credentials and the validity of professional licenses issued to foreign-born health care professionals.
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CGFNS Certificate
A documentation awarded after the successful completion of the CGFNS Certification Program. The Program is designed specifically for first-level, general nurses educated and licensed outside the United States who wish to assess their chances of passing the U.S. registered nurse licensing exam, the NCLEX-RN® examination, and attaining licensure to practice as registered nurses within the United States. The program is comprised of three parts: a credentials review of the nurse’s education, registration and licensure; the CGFNS Qualifying Exam, a one-day qualifying exam testing nursing knowledge; and an English language proficiency exam.
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Change of Status (COS)
Application by an individual to USCIS for a change from one nonimmigrant status to a different nonimmigrant status.
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Child Status Protection Act (CSPA)
In limited circumstances this provision of the law permits an unmarried individual to remain classified as a child, despite her/his turning 21 years old. In general, the length of time that the immigrant petition of the child’s parent was pending is subtracted from the age of the child at the time when the parent’s visa number becomes available. Note: The CSPA formula does not apply to every person and there are different requirements depending on whether the case is employment or family based and whether the parents and child are inside or outside of the United States during the process. Every case is different and an attorney should be consulted to determine if the child is protected.
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CIS
See U.S. Citizenship and Immigration Services (USCIS)
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Citizenship
See Naturalization
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concurrent filing
Allows the filing of an adjustment-of-status (I-485) application at the same time as an immigrant petition or to join an already pending immigrant petition that has not been approved. Concurrent filing is available for I-130 petitions for immediate relatives of U.S. citizens and I-140 immigrant petitions where the priority date is current.
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conditional permanent resident (PR) status
Provisional approval for the green card based upon a marriage of less than two years to a U.S. citizen, or based upon the EB5 investor category. Two years afterward, it is necessary to file further paperwork with USCIS to “remove the condition.” Note: In the marriage-based situation, that documentation needs to show that the parties had a good-faith intent to establish a life together when they married. If the couple is still together, generally the case is considered based upon documentation alone and without an interview. If there has been a divorce, or there is an abuse situation, it may be possible for the foreign spouse to apply individually to remove the condition, and s/he will be questioned in detail at an interview. For EB5 investors to remove the condition, it is necessary to show that one has followed through on the required investment and establishment of the company, the hiring of U.S. workers, etc.
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consular processing (CP)
Occurs when the final processing of an immigrant or nonimmigrant visa takes place at a U.S. consulate abroad. For persons with certain types of status problems, consular processing has significant risks imposed by the 1996 immigration law, mainly the prospect of being barred for three or ten years from reentering the United States.
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Credentials Evaluation Service Report (CES)
A document required by some state boards of nursing in order to receive a state registered nursing license. The CES Report, prepared by the CGFNS, analyzes the academic credentials and licenses of foreign-born health care professionals.