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Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need a travel document called Advance Parole to re-enter the U.S. after traveling abroad.
Affidavit of Support
To show that visa applicants have sponsorship and will not become public charges while in the United States; the sponsor must file a sworn declaration called an affidavit for each applicant.
Alien Registration Card
Legal Permanent Resident Card, also known as Green Card. Alien Smuggler
A formal request or petition. Any one of the immigration forms or immigration court documents used to request something from Immigration or from the Immigration Judge. For instance, ‘Application for Travel Document = Request for Travel Document/Advance Parole.’
Application for Adjustment of Status
Form I-130 Petition for Alien Relative is filed by a USC or LPR spouse or relative.
Application for Political Asylum
Form I-589 is an application filed by people who are already in the United States and are unable or unwilling to return to their home country because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. Normally, after an applicant files the application for asylum, she/he undergoes an asylum interview conducted by an asylum officer. The asylum officer may either grant the request for asylum or may refer the request to an immigration judge for further review.
Application for Withholding of Removal
Is an alternative form of relief for an individual fearing persecution in his/her country of origin. Generally, applicants file an application for both asylum and withholding of removal at the same time on form I-589.
Assistant Chief Counsel
The attorney representing the Government. Previously known as Trial Attorney or TA; now identified as Assistant Chief Counsel for the Bureau of Immigration and Customs Enforcement (ICE), Department of Homeland Security, or counsel for the Service.
Assault and Battery
Unlawful touching of a person when done without justification causing bodily injury.
Attorney of Record
An attorney who has appeared in court and/or signed pleadings or other forms on behalf of a client.
Bars are impediments which exclude an alien from benefiting from immigration relief.
Is an automated method used to recognize an individual. Biometrics commonly studied includes fingerprints, face, iris, voice, signature and hand geometry.
A sum of money which a detained respondent posts with DHS in order to be permitted to be free from detention while his or her removal proceeding is pending.
Bond/Custody Re/determination Hearing
May result in an increase as well as a decrease in the bond amount. The alien is seeking a reduction of bond and/changes in conditions.
Burden of Proof
The duty of a party to prove a certain issue by the assigned standard of proof. The burden of proof determines who must go forward and prove their case. Cancellation of Removal
Circuit Court of Appeals
Federal appeals court which has the authority to review decisions by the BIA. E.g. 9th Circuit, 5th Circuit.
Adjournment or postponement of a hearing to a later date or time.
Continuous Physical Presence
The requisite period a respondent needs in the United States in order to fulfill the time requirement for any one application. Example, 10 years Continuous Physical Presence is one of the requirements for Cancellation of Removal.
Convention Against Torture (CAT)
Article 3 of the United Nations Convention Against Torture which prohibits the return of a person to a country where they are more likely than not to face torture.
(As verb) To declare guilty of a criminal offense. (As noun) A convicted person serving a prison sentence. Example, he has several previous convictions for theft.
Conviction Records
Shows if the respondent has been found guilty or has plead guilty to a violation of a State’s Penal Code. Example, the conviction record shows that the respondent was found guilty based upon his plea to a violation of California Penal code section 245(a)(1), relating to an incident that occurred on June 1, 2000. The term rap sheet may also be used.
Country Reports On Human Rights Practices
Reports prepared by US state Department on the status of human rights in different countries.
Crime Involving Moral Turpitude (CIMT)
Moral turpitude is found where intentional conduct is an element of the offense. It refers to conduct that is considered contrary to community standards of justice, honesty, or good morals.
Cross Examination
The interrogation of a witness called by the opposing party, usually the questioning of the respondent by the government attorney.
De Novo Hearing
A hearing where the judge hears the matter as if it had not been heard before and is not supposed to give any deference to the prior decision or recommendations usually made by the asylum officer.
Death Squad
A group of people who carry out executions.
A narrative from the respondent or applicant.
Aliens present in United States without being admitted or paroled (entry without inspection). That is any person present in the United States without permission from the United States Government can be subject to deportation.
Deportation Proceedings
Are civil, not criminal; the alien is charged with deportability. It may be an alien whose status as a conditional permanent resident has been terminated. In deportation proceedings there is no presumption of citizenship. A person born abroad is presumed to be an alien until he or she shows otherwise.
An alien in custody.
Power or privilege of the judge to use independent judgment based on consideration of all the facts.
Discretionary Relief
Relief that is contingent upon such discretion being applied in the favor of the applicant.
A list showing the cases that will be heard on any given day.
For immigration purposes, any coming of an alien into the United States from a foreign port or place.
Entry Without Inspection (EWI)
Aliens present in United States without being admitted or paroled. The alien can apply for relief from removal or deportation if relief is available to him.
In Immigration terms, positive considerations or factors in the favor of the respondent.
The current market value of a home minus the outstanding mortgage balance.
Exceptional and Extremely Unusual Hardship Standard
In order to be granted relief from deportation the respondent has to provide evidence of harm to his USC or LPR spouse, parent or child substantially beyond that which ordinarily would be expected to result from the alien’s deportation.
Exceptional Circumstances
Means a serious illness of the alien, a serious illness or the death of an immediate relative, but does not include less compelling circumstances beyond the control of the alien.
Exclusion Proceedings
An exclusion hearing is used to determine the admissibility of an arriving alien.
A document, chart, picture etc presented in court as evidence of facts.
Expedited Removal
An abbreviated removal procedure applied to aliens who arrive in the United States with false documents or no documents.
Failure to Appear
When a respondent fails to appear at the hearing, his/her application for relief could be deemed abandoned.
Fifth Amendment
Provision of the constitution that guarantees the right of a person against self incrimination.
A serious crime punishable by a heavy sentence.
The alien is required to submit a complete biographic information form and have fingerprints taken by an U.S. CIS fingerprinting facility. The fingerprints, the biographical information, as well as the biometrical information are used to conduct a background check on the alien.
Evidence or statement not proceeding from the personal knowledge of the witness but from repetition of what he/she has heard from others.
An alien needs to provide evidence to corroborate his purported identity andnationality.
In Absentia Removal Hearing
If an alien fails to appear, s/he shall be ordered removed in absentia if ICE establishes by clear and unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable.
Immediate Relative
A family member in direct line
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