Immigration Terms (U)
U.S. citizen (USC)
One who is born in or naturalized to the United States of America (U.S.) and is subject to U.S. jurisdiction, owes allegiance to the U.S., and is entitled to full civil rights under U.S. law. Significant examples of those rights include the right to vote, the right to be a candidate in elections, the right to hold a U.S. passport, and eligibility to be considered for U.S. government jobs that may require U.S. citizenship. Note: One born in the U.S. to parents holding diplomatic status as representatives of a foreign government is not subject to U.S. jurisdiction. Such a person would not be a USC at birth.
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U.S. Citizenship and Immigration Services (USCIS)
Government agency under the U.S. Department of Homeland Security, resulting from the Homeland Security Act of 2002, responsible for the processing of all immigration-related benefits.
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U.S. Customs and Border Patrol (CBP)
Office under the U.S. Department of Homeland Security, that assumed Legacy INS’s Port of Entry (POE) duties on March 1, 2003. (formerly, Bureau of Customs and Border Patrol or BCBP)
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U.S. Department of Homeland Security (DHS)
Agency created to protect the United States against terrorism. The DHS encompasses the U.S. Citizenship and Immigration Services (USCIS), the U.S. Immigration and Customs Enforcement (ICE), and the U.S. Customs and Border Patrol (CBP).
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U.S. Department of Labor (DOL)
The government agency (at both the federal and state levels) in charge of the Labor Certification process for the green card, which also processes the LCA form for the H1B.
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U.S. Department of State (DOS)
The federal agency in charge of the U.S. Embassies and Consulates worldwide. Overseas, DOS issues visas to foreign nationals, and assists U.S. citizens abroad. The DOS can reissue visas within the U.S. in some instances. Also, in the U.S., the DOS is in charge of administering J-1 programs, including HRR issues and waivers.
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U.S. Immigration and Customs Enforcement (ICE)
The government agency under the U.S. Department of Homeland Security that began on March 1, 2003, to perform the functions of the former U.S. Customs Service, Federal Protective Service, and enforcement duties of Legacy INS.
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unlawful presence
Most commonly, being in the U.S. after entering without inspection or after staying past the expiration date on an I-94 card, though there are other, special situations of unlawful presence as well. As defined under the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996, unlawful presence is very complex with at least two Legacy INS memos about it. It is also known as a period of stay not authorized by the Attorney General. (See also, overstay.) Note: One who was unlawfully present for 180 days and then leaves voluntarily, before being placed into removal proceedings, is subject to a three-year bar on returning to the U.S. If the period of unlawful presence is a year or more, then the bar is for ten years. A Duration of Status overstay does not qualify as unlawful presence unless an actual determination is made by the USCIS or IJ.
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USC
See U.S. citizen.
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USCIS
See U.S. Citizenship and Immigration Services.