US Immigration Glossary - Certificate of Citizenship

Identity document proving U.S. citizenship. Certificates of citizenship are issued to derivative citizens and to persons who acquired U.S. citizenship (see definitions for Acquired and Derivative Citizenship).

US Immigration Glossary - Cancellation of Removal

A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.

US Immigration Glossary - Business Nonimmigrant

An alien coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States, i.e., engaged in international commerce on behalf of a foreign firm, not employed in the U.S. labor market, and receives no salary from U.S. sources.
US Immigration Glossary

US Immigration Glossary - Border Crosser

An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours.

US Immigration Glossary - Beneficiaries

Aliens on whose behalf a U.S. citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the U.S. Citizenship and Immigration Services. Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful permanent resident, or U.S. employer.

US Immigration Glossary - Adjustment to Immigrant Status

Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Acquired Citizenship - Citizenship conferred at birth on children born abroad to a U.S. citizen parent(s).

H-4 (spouses / children of H1B) cases Approved

the need to extend H-4 status is often overlooked. Many have the mistaken impression that the H-4 spouse / children remain in status, as long as the H1B spouse / parent extends his or her status properly. The reason for this misunderstanding is primarily that no H-4 petition is required in order to bring a spouse / minor child/ren to the U.S. from abroad initially. Only the H1B petition approval is needed at the consulate for the dependent family members to obtain the visa stamp and then obtain the I-94 card granting them H-4 status upon arrival in the U.S. When it was still possible to revalidate visa stamps in the passport within the U.S., the problem was compounded further. Many H-4 spouses were able to obtain new H-4 visa stamps based on the H1B approval, without actually extending the H-4 status with the USCIS, as required by law. Thus, they thought that they had done everything required to maintain status when the visa stamp in the passport does not grant legal status in the U.S. In fact, H-4s must maintain valid I-94s, and must file the request for the extension of their H-4 status prior to its expiration.


An H-4 who finds him or herself in this situation should consult with a qualified immigration attorney. Sometimes, the best approach is to leave the U.S. and return in H-4 status. In some cases, however, this is not an option. If the I-94 has lapsed for 180 days or more, departure from the U.S. will result in the imposition of a 3-year bar to reentry to the U.S. This period increases to 10 years if the I-94 expired a year or more before departure. In the situations where departure is not an option, the nunc pro tunc may be the solution.

To provide readers with an example, we will describe one such case that fits a fairly common pattern. In this particular case, the husband was in H1B status; the wife was an H-4. The husband changed jobs and obtained the extension of the H1B approval, as required. The immigration work was handled by the husband's company, or its attorney, without discussions or involvement by the wife. The company never advised the couple of the need to do anything to extend the wife's status, as they were only concerned with obtaining an H1B approval for their employee. The couple simply assumed that, if the husband was in status, the wife was in status.

Additionally, the wife was pregnant while the husband's H1B was being filed, and, following the birth of the child, was focused on the care of the child. She had no reason to think she had to research immigration laws. The wife entrusted these matters to her husband. The husband entrusted the matter to his company sponsor.
After the wife's status had expired, her husband stumbled across information on that made the couple realize their error in not extending the wife’s H-4 status with the USCIS. Travel abroad was not a simple option in this case, as the wife would find it difficult to travel with a young infant and the husband did not want to be separated from his new-born child. Therefore, the couple decided to obtain the wife’s H-4 approval by a nunc pro tunc application.

Obtaining nunc pro tunc approval of an H1B is much more unusual than doing so in an H-4 case. The simple reason for this is that H1Bs require a labor condition application (LCA) covering the full H1B period. The U.S. Department of Labor (DOL) will not approve backdated LCAs. So, for most H1Bs, nunc pro tunc is not an option. However, once in a while, we encounter a case where it is possible to request an H1B nunc pro tunc with the USCIS.

The cases for which nunc pro tunc H-1s are possible are those for which an LCA was obtained with the necessary start date, but something went wrong with the H1B case.


The nunc pro tunc request can be a valuable tool in some difficult situations.

Green Card as a Special Immigrant

Green Cards are sometimes issued by the USCIS to individuals that are defined and categorized as Special Immigrants. The “Special Immigrant” category consists of different categories that have specific requirements. These specific application requirements must be fulfilled for the Green Card immigration application to be accepted. Green Card application requirements include favorable recommendation letters, certified copies of original documents, bank account statements, insurance documents, and evidence of higher education.

The application process can be carried out in the United States or at any U.S. consulate abroad. A filing fee is charged by the USCIS for most applications, but some applicants may not have to pay the fee. Married applicants or applicants with children below the age of 21 can apply for green cards as accompanying relatives. In this case, they would need to prove their relationship by submitting the required supporting documentation.

The Green Card As A Special Immigrant manual was developed to help an individual file his or her own Green Card application without the costly assistance of an immigration attorney. The application guide contains detailed filing instructions and all the required application forms for individuals who qualify as special immigrants to apply for a Green Card. This step-by-step-guide will help you submit your Green Card application as efficiently and quickly as possible

The "Special Immigrant" classification consists of the following categories:

* Workers for recognized religious organizations
* Employees of certain Panama Canal companies
* Physicians
* Foreign medical graduates who have been in the United States for a certain time
* Foreign workers who were formerly long-time employees of the United States government
* Foreign nationals who have been declared dependant by juvenile courts in the United States
* Retired officers or employees of certain international organizations who have lived in the United States for a certain time
* Certain armed forces members
* Afghani and Iraqi nationals who worked with the U.S. Armed Forces a as a translator for at least 12 months

The Green Card application process involves two steps:

1. The Petition
2. The Application

The Green Card as a Special Immigrant Application Guide includes:

* Green Card as a special immigrant overview
* The different special immigrant categories
* Privileges and limitations
* Eligibility and requirements
* How to apply if you are already in the United States
* How to apply if you are outside the United States
* How to fill out the application forms
* Document checklist
* List of all USCIS (formerly INS) offices nationwide
* List of United States Embassies and Consulates
* FREE Green Card Immigrant application forms

Immigration Medical Exam Guide

The Immigration Medical Exam is necessary for individuals who wish to adjust status in the United States or apply for an immigrant visa abroad. It is not possible to obtain an immigrant visa or adjust status without a medical examination. The medical exam must be conducted by a doctor approved by the USCIS. A complete list of approved immigration doctors can be found in the Immigration Medical Exam Guide available for instant download on this page.

Proof of treatment or follow up tests must be provided before the application of temporary or permanent residency is approved. Children may be subject to additional immunization requirements. Medical examinations are generally valid for 12 months. Individuals that are legal residents but changing status to U.S. citizens may be required to re-take the immigrant medical exam. The medical examination must be completed before you can adjust status or obtain an immigrant visa. The Medical Exam Information Guide provides answers to all of your question relating to medical exams for immigration purposes.

Immigration Medical Examinations are required for the following applications within the United States:

* Asylum Seekers and Refugees
* Green Card Employment
* Green Card Investment
* Green Card Lottery (DV Lottery)
* Green Card Marriage
* Green Card Relatives
* Green Card Special Immigrants
* Anyone adjusting status to permanent U.S. resident (Green Card)

Immigration Medical Examinations are required for the following applications outside of the United States:

* Individuals applying for immigrant visas (Green Cards)

About the Immigration Medical Examination:

* The purpose is to evaluate whether you have certain diseases that require further treatment
* You may be asked to complete more tests at different health offices if needed
* Only civil surgeons designated by the USCIS may perform medical examinations
* The US immigration doctor must sign and endorse the form before it is returned to you
* In case you have performed X-rays, you should be provided with the films once you are cleared

Medical Test that May Be Required:

* Tuberculosis
* Syphilis for applicants 15 years or older
* HIV (blood test)
* Gonorrhea
* Mental defect
* Narcotic drug addiction
* Psychopathic personality
* Chancroid
* Lymphogranuloma venerum
* Granuloma inguinal
* USCIS approved immunizations

About the Results:

* Your results will be presented to an immigration officer
* Your results may be shared with certain health departments
* Your results may be shared with other public health authorities

The Immigration Medical Exam Guide includes:

* List of USCIS approved immigration doctors
* Panel physician checklist
* Immigration Medical Exam clearance requirements
* Immigration Medical Exam forms for examination within the United States
* Immigration Medical Exam forms for examination outside of the United States
* All required USCIS medical exam forms