An annual lottery through which nationals of countries which the U.S. considers to be under-represented through other immigration channels, can apply for an immigrant visa (legal permanent residence) in the U.S. Foreign nationals can apply from outside or inside the U.S., but those who are unlawfully present in the U.S. will not be able to adjust s [..]

The amount of time an Immigration official allows a foreign national to remain in the U.S. The date is often stamped on the foreign national’s I-94 card or passport. This is the date by which the foreign national is expected to leave the U.S. or he or she will begin to accumulate unlawful presence here.

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The process of applying for legal permanent residence from within the United States as opposed to applying from abroad which is called “consular processing.”

Someone physically present in the U.S. who is not a U.S. citizen. Among others, the term includes: temporary visitors, legal permanent residents, and undocumented individuals. Many advocates feel this term has a negative connotation. We therefore use the term “foreign national” instead throughout the website.

An individual who has won a claim for asylum. Asylees are eligible to work in the United States and may be able to travel internationally on a refugee travel document. Asylees may sponsor immediate relatives and qualify for a wide variety of public benefits.  One year after winning asylum, an asylee may apply for legal permanent residence.

An immigration benefit for which nationals of other countries can apply if they have a well-founded fear of future persecution on account of certain protected characteristics. Persecution on account of sexual orientation, transgender identity and HIV-positive status have been found to be grounds for asylum.

This is the first level at which applications for asylum may be heard. The asylum officer conducts an interview and either recommends approval, issues a notice of intent to deny, or refers an applicant to immigration court for further proceedings. If an applicant wins at the asylum office, he or she never has to go to immigration court.

The most common type of non-immigrant (temporary) visa to the United States. It is meant to be used for short term tourism or business (but not for earning money in the U.S.) To qualify for this visa, an applicant must overcome a presumption of “immigrant intent.” This means that the applicant must prove to the U.S. Consulate an intent to leave the [..]

In most applications for permanent residence (family-based and employment based immigrant visas), the visa applicant is actually the family member or employer, not the foreign national. Instead, the foreign national is the beneficiary of the application. It is important to be aware that in most circumstances, receiving immigration status in the Uni [..]