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Status, visas, and admission
A visa is a travel document that allows a person to request admission at a port of entry. Status is the classification a person holds once admitted. The I-94 record reflects the class of admission and the date until which the person is authorized to stay. These three things are related but distinct, and confusing them is the single most common source of accidental violations.
- Beneficiary: the person for whom a petition is filed.
- Petitioner: the person or entity filing a petition on someone's behalf.
- Applicant: the person requesting a benefit for themselves.
- Derivative: a spouse or child who may obtain status based on the principal's case.
- Priority date: the date establishing a place in line in numerically limited categories.
Eligibility concepts
Admissibility concerns whether a person may be admitted to or granted status in the United States. Removability concerns whether a person may be removed. Relief refers to statutory or discretionary remedies available in removal proceedings. A waiver is a statutory mechanism excusing certain grounds where the criteria are met.
- Unlawful presence: a defined statutory concept that can trigger bars upon departure.
- Adjustment of status: applying for permanent residence from inside the United States.
- Consular processing: applying for an immigrant visa abroad.
- Conditional resident: a permanent resident whose status carries conditions that must later be removed.
- Naturalization: the process by which a permanent resident becomes a U.S. citizen.
Notices and procedure
A receipt notice confirms the agency accepted a filing. An RFE requests additional evidence. A NOID states an intent to deny. A Notice to Appear initiates removal proceedings before an immigration judge. Each has different consequences and different deadlines.