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GERALD CIPOLLA & ASSOCIATES  
IMMIGRATION ATTORNEYS & ATTORNEYS FOR IMMIGRANTS
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Accompanying
A type of visa in which family members travel with the principal applicant,
(in immigrant visa cases, within six months of issuance of an immigrant
visa to the principal applicant).

Adjust Status
1) To change from a nonimmigrant visa status or other status
2) To adjust the status of a permanent resident (green card holder).

Admission
Entry into the United States is authorized by a Department of Homeland
Security, Customs and Border Protection (CBP) officer.  When you come
from abroad and first arrive in the U.S, the visa allows you to travel to the
port-of entry and request permission to enter the U.S.  Admission or
entering the U.S., by non-United States citizens must be authorized by a
CBP officer at the port-of-entry, who determines whether you can enter
and how long you can stay here, on any particular visit.  If you are
allowed to enter, how long you can stay and the immigration classification
you are given is shown as a recorded date or Duration of Status (D/S) on
Form I-94, Arrival Departure Record, or Form I-94W, if arriving on the
Visa Waiver Program.  For more information, go to the DHS, Customs and
Border Protection Internet site .  If you want to stay longer than the date
authorized, you must request permission from the Department of
Homeland Security, United States Citizenship and Immigration Services
(USCIS).

Adopted Child
An unmarried child under age 21, who was adopted while under the age
of sixteen, and who has been in legal custody and lived with the adopting
parent(s) for at least two years.  These rules do not apply to orphans
adopted by American Citizens.  The adoption decree must give the child
all the rights of a natural born child.

Advance Parole
Permission to return to the United States after travel abroad granted by
DHS prior to leaving the U.S.   The following categories of people may
need advance parole: people on a K-1 visa, asylum applicants, parolees,
people with Temporary Protected Status (TPS) and some people trying to
adjust status, while in the U.S.  If these people do not apply for advance
parole before they leave the United States, they may be unable to return.  
Go to the  DHS, United States Citizenship and Immigration Services
(USCIS) to learn more.

Affidavit of Support
A document promising that the person who completes it will support an
applicant financially in the United States.  Family and certain employment
immigration cases require the I-864 Affidavit of Support, which is legally
binding.  All other cases use the I-134 Affidavit of Support.   Go to our      
I-864 information to learn more.

Alien
A foreign national who is not a United States citizen.

Applicant (Visa)
A foreign citizen who is applying for a nonimmigrant or immigrant U.S.
visa.  The visa applicant may also be referred as a beneficiary for petition
based visas

Asylee
A person who cannot return to his home country because of a well-
founded fear of persecution.  An application for asylum is made in the
United States to the DHS.  Go to the  DHS, United States Citizenship and
Immigration Services Internet site to learn more.

Beneficiary
An applicant for a visa as named in a petition from the Department of
Homeland Security, United States Citizenship and Immigration Services
(USCIS).

Case Number
The National Visa Center (NVC) gives each immigrant petition a case
number.  This number has three letters followed by ten digits.

Certificate of Citizenship
A document issued by the Department of Homeland Security as proof that
the person is a U.S. citizen by birth (when born abroad) or derivation (not
from naturalization).  The Child Citizenship Act of 2001 gives American
citizenship automatically to certain foreign-born children of American
citizens.  These children can apply for certificates of citizenship.

Certificate of Naturalization
A document issued by the Department of Homeland Security as proof that
the person has become a U.S. citizen (naturalized) after immigration to
the United States .

Change Status
Changing from one nonimmigrant visa status to another nonimmigrant
visa status while a person is in the U.S. is permitted for some types of
visas, if approved by USCIS.  Requests for change of status must be
made by the visa holder to the Department of Homeland Security, United
States Citizenship and Immigration Services (USCIS).  Go to the  DHS,
United States Citizenship and Immigration Services to learn more.  USCIS
determines whether the request is approved or denied.

Charge/Chargeable
There are numerical limits on the number of immigrant visas that can be
granted to aliens form any one foreign country.  This limit is the same for
all countries.  The limit is based on place of birth, not citizenship. Where
the immigrant is "charged", means that person is counted towards a given
country's numerical limit.  For example, an immigrant born in Ethiopia is
"charged" to Ethiopia, and therefore counted towards reaching the
numerical limit for that country.  The person would be "charged" to
Ethiopia, even if the immigrant born in Ethiopia was born of Yemeni
parents and has a passport from Yemen.

Child
Unmarried child under the age of 21 years.  A child may be natural born,
step or adopted.  If the child is a stepchild, the marriage between the
parent and the American citizen must have occurred when the child was
under the age of 18.  If the child is adopted, he/she must have been
adopted with a full and final adoption when the child was under the age of
16, and the child must have lived with and been in the legal custody of
the parent for at least two years.  An orphan may qualify as a child if
he/she has been adopted abroad by an American citizen or if the
American citizen parent has filed an immediate-relative (IR) visa petition
for him/her to go to the United States for adoption by the American citizen.

Common-law marriage
An agreement between a man and woman to enter into marriage without
a civil or religious ceremony.  It may not be recognized as a marriage for
immigration purposes.

Conditional residence visa
If you have been married for less than two years when your husband or
wife (spouse) gets lawful permanent resident status (gets a green card),
then your spouse gets residence on a conditional basis.  After two years
you and your spouse must apply together to the Department of Homeland
Security to remove the condition to the residence..

Current/non-current
There are numerical limits on the number of immigrant visas that can be
granted to aliens from any one foreign country.  The limit is based on
place of birth, not citizenship.  Because of the numerical limits, this means
there is a waiting time before the immigrant visa can be granted.  

Department of Homeland Security (DHS)
DHS is comprised of three main organizations responsible for immigration
policies, procedures, implementation and enforcement of U.S. laws, and
more.  These DHS organizations include United States Citizenship and
Immigration Services (USCIS), Customs and Border Protection (CBP) and
Immigration and Customs Enforcement (ICE).  Together they provide the
basic governmental framework for regulating the flow of visitors, workers
and immigrants to the United States.  USCIS is responsible for the
approval of all immigrant and nonimmigrant petitions, the authorization of
permission to work in the U.S., the issuance of extensions of stay, change
or adjustment of an applicant's status while the applicant is in the U.S,
and more.  CBP is responsible for admission of all travelers seeking entry
into the U.S., and determining the length of authorized stay, if the traveler
is admitted.  Once in the United States the traveler falls under the
jurisdiction of DHS.  

Department of Labor
A cabinet level unit/ministry of United States Government that has
responsibility for labor issues.  It has responsibility for deciding whether
certain foreign workers can work in the United States.

Derivative Status
Getting a status (visa) through another applicant, as provided under
immigration law for certain visa categories.  For example, the spouse and
children of an exchange visitor (J Visa holder), would be granted
derivative status as a J-2 Visa holder.  Derivative status is only possible if
the principal applicant is issued a visa.

Diversity Visa Program
The Department of State has an annual lottery for immigration to the
United States.  Up to 55,000 immigrants can enter the United States each
year from countries with low rates of immigration to the United States.  
See our information on the Diversity Visa Program.

DOL
Department of Labor.  Hiring foreign workers for employment in the U.S.
normally requires approval from several government agencies.  First,
employers must seek labor certification through the U.S. Department of
Labor (DOL).  Once the application is certified (approved), the employer
must petition the U.S. Citizenship and Immigration Services (USCIS) for
approval of the petition before applying for a visa.

Domicile
Place where a person has his or her principal residence.  The person
must intend to keep that residence for the foreseeable future.  The
sponsor of an immigrant must have domicile in the United States before
the visa can be issued.  This generally means that the sponsor must be
living in the United States.  In certain circumstances, however one can be
considered to have a domicile while living temporarily living overseas.

Duration of Status
In certain visa categories such as diplomats, students and exchange
visitors, the alien may be admitted into the U.S. for as long as the person
is still doing the activity for which the visa was issued, rather than being
admitted until a specific departure dates.  This is called admission for
"duration of status".

Exchange Visitor
A foreign citizen coming to the United States to participate in a particular
program in education, training, research, or other authorized exchange
visitor program.  See the Educational and Cultural Affairs Internet site and
our Exchange Visitor page for more information.

Family First Preference
A category of family immigration (F1) for unmarried sons and daughters
of American citizens, and their children.

Family Second Preference
A category of family immigration (F2) for spouses, children and unmarried
sons and daughters of lawful permanent residents.

Family Third Preference
A category of family immigration (F3) for married sons and daughters of
American citizens and their spouses and children.  Before 1992 this was
known as fourth preference (P-4).

Family Fourth Preference
A category of family immigration (F4) for brothers and sisters of American
citizens and their spouses and children.  The American citizen must be 21
years of age or older before he/she can file the petition.  Before 1992 this
was known as fifth preference (P-5).

Federal Poverty Guidelines
See Poverty Guidelines.  The Department of Health and Human Services
publishes a list every year giving the lowest income acceptable for a
family of a particular size so that the family does not live in poverty.  
Consular officers use these figures in immigrant visa cases to determine
whether a sponsor’s income is sufficient to support a new immigrant, in
accordance with U.S. immigration laws.  Visit our Poverty Guidelines page
for more information.

Fiance(e)
A person who plans or is contracted to marry another person.  The
foreign fiance(e) of an American citizen may enter the United States on a
K-1 visa to marry the American citizen.  Visit our Fiance(e) page to learn
more.

First Preference
A category of family immigration (F1) for unmarried sons and daughters
of American citizens and their children.

Following to Join
A type of derivative visa status when the family member gets a visa after
the principal applicant.

Fourth Preference
A category of family immigration (F4) for brothers and sisters of American
citizens and their spouses and children.  The American citizen must be 21
years of age or older before he/she can file a petition.  Before 1992 this
was known as fifth preference (P-5).

Green card
A wallet-sized card showing that the person is a lawful permanent resident
(immigrant) in the United States.  It is also known as a permanent resident
card (PRC), an alien registration receipt card and I-551.  It was formerly
green in color.

Household income
The income used to determine whether a sponsor meets the minimum
income requirements under Section 213A of the Immigration and
Nationality Act (INA) for some immigrant visa cases.

I-551 (Green Card)
Permanent residence card or alien registration receipt card or "green
card."  

Immediate Relative
Spouse, widow(er) and unmarried children under the age of 21 of an
American citizen.  A parent is an immediate relative if the American citizen
is 21 years of age or older.  There are no numerical limits to immigration
of immediate relatives.

Immigrant visa
A visa for a person who plans to live indefinitely and permanently in the
United States.

Immigration and Nationality Act (INA)
American immigration law.  The Immigration and Nationality Act, or INA,
was created in 1952, Public Law No. 82-414.  The INA has been amended
many times over the years, but is still the basic body of immigration law.  
See INA for additional information.

Immigration and Naturalization Service (INS)
A branch of the Department of Justice that formerly existed and had
responsibility for immigration and naturalization.  INS was renamed and
became part of Department of Homeland Security (DHS) on March 1,
2003.

Ineligible/Ineligibility
Immigration law says that certain conditions and actions prevent a person
from entering the United States.  These conditions and activities are
called ineligibilities, and the applicant is ineligible for (cannot get) a visa.  
Examples are selling drugs, active tuberculosis, being a terrorist, and
using fraud to get a visa.  Read our information on the Classes of Aliens
Ineligible to Receive Visas to learn more.

In status
It’s important to understand the concept of immigration status and the
consequences of violating that status.  Being aware of the requirements
and possible consequences will make it more likely that you can avoid
problems with maintaining your status.  Every visa is issued for a
particular purpose and for a specific class of visitor.  Each visa
classification has a set of requirements that the visa holder must follow
and maintain.  Those who follow the requirements maintain their status
and ensure their ability to remain in the United States.  Those who do not
follow the requirements violate their status and are considered “out of
status.

Joint Sponsor
A person who accepts legal responsibility for supporting an immigrant with
an I-864 Affidavit of Support along with the sponsor.  The joint sponsor
must be at least 18 years of age, an American citizen or lawful permanent
resident and have a domicile in the United States.  The joint sponsor and
his/her household must have the 125 percent income requirement by
itself for the immigrant that he/she sponsors.

Labor Certification
The initial stage of the process by which certain foreign workers get
permission to work in the United States.  The employer is responsible for
getting the labor certification from the Department of Labor.  In general
the process works to make sure that the work of foreign workers in the U.
S. will not adversely affect job opportunities, wages and working
conditions of U.S. workers.

Labor Condition Application (LCA)
A request to the Department of Labor for a foreign worker to work in the
United States.

Lawful Permanent Resident (LPR)
A person who has immigrated legally but is not an American citizen.  This
person has been admitted to the U.S. as an immigrant and has a
Permanent Resident Card, Form I-551 also known as green card.  It is a
wallet-sized card showing that the person is a lawful permanent resident
(immigrant) in the United States.  This person is also called a legal
permanent resident, a green card holder, a permanent resident alien, a
legal permanent resident alien (LPRA) and resident alien permit holder.

Legitimation
The legal process which a natural father can use to acknowledge legally
his children who were born out of wedlock (outside of marriage).  A
legitimated child can be a "child" under immigration law under these
conditions:

  • the legitimation took place according to the law of the child's residence  
    or the father's residence;
  • the father proved (established) that he is the child's natural father;
  • the child was under the age of 18; and
  • the child was in the legal custody of the father who legitimated the child
    when the legal process of legitimation took place.

LIFE Act
Legal Immigration Family Equity (LIFE) Act and amendments.  This act of
Congress allows foreign spouses of American citizens, the children of
those foreign spouses, and spouses and children of certain lawful
permanent residents (LPR) to come to the United States to complete the
processing for their permanent residence.  This Act became effective on
December 21, 2000.

Lose status
To stay in the United States longer than the period of time which
Department of Homeland Security (DHS) gave to a person when he/she
entered the United States, or to fail to meet the requirements or violate
the terms of the visa classification.  The person becomes “out of status.”

For example, you entered the U.S. on a student visa to study at a
university.  You work at your uncle's convenience store without
authorization, and do not study.  You have lost status.  You are out of
status.

Maintain status
To follow the requirements of the visa status and comply with any
limitations on duration of stay.

Missionary Work
Work performed for a religious organization to spread the faith (religion)
and advance the principles and doctrines of the religion.  Such work may
include religious instruction, help for the elderly and needy and
proselytizing.

NAFTA
North American Free-Trade Agreement.

National Interest Waiver
This is for physicians and doctors who work in an area without adequate
health care workers or who work in Veterans Affairs' facilities.  These
physicians and doctors can file immigrant visa petitions for themselves
without first applying for a labor certification.

National Visa Center (NVC)
A Department of State facility located in Portsmouth, New Hampshire.  It
supports the worldwide operations of the Bureau of Consular Affairs Visa
Office.  The NVC processes immigrant visa petitions from the Department
of Homeland Security (DHS) for people who will apply for their immigrant
visas at embassies and consulates abroad.  It also collects fees
associated with immigrant visa processing.  Go to the NVC Internet site
for more information.

Native
A person born in a particular country is a native of that country.

Naturalization
A citizen who acquires nationality of a country after birth.  That is, the
person did not become a citizen by birth, but by a legal procedure.

Nonimmigrant Visa (NIV)
A U.S. visa allows the bearer, a foreign citizen, to apply to enter the
United States temporarily for a specific purpose.  Nonimmigrant visas are
primarily classified according to the principal purpose of travel. With few
exceptions, while in the U.S., nonimmigrants are restricted to the activity
or reason for which their visa was issued.  Examples of persons who may
receive nonimmigrant visas are tourists, student, diplomats and
temporary workers.  For more information, see Temporary Visitors to the
U.S.

Notice of Action
A Department of Homeland Security, United States Citizenship and
Immigration Services (USCIS) immigration form, Notice of Action, Form I-
797 that says that USCIS has received a petition you submitted, taken
action, approved a petition or denied a petition.

Orphan
A child who has no parents because of death, disappearance, desertion
or abandonment of the parents.  A child may also be considered an
orphan if the child has an unwed mother, or a single living parent who
cannot care for the child and has released him/her irrevocably
(permanently) for adoption and emigration.  Adoptive parents must make
sure that a child meets the legal definition of an “orphan” before adopting
a child from another country.

Overstay
An “Overstay” occurs when a visitor stays longer than permitted as shown
on his/her Arrival/Departure (I-94) card.  A violation of the CBP defined
length of admission may make you ineligible for a visa in the future.  See
Out of status.

Panel Physician
Embassies and consulates which issue immigrant visas have selected
certain doctors to do the medical examinations for immigrant visa
applicants.

Port of Entry
Place (often an airport) where a person requests admission to the U.S. by
the Department of Homeland Security, Customs and Border Protection
officer.

Poverty Guidelines
The Department of Health and Human Services publishes a list every
year giving the lowest income acceptable for a family of a particular size
so that the family does not live in poverty.  Consular officers use these
figures in immigrant visa cases to determine whether a sponsor’s income
is sufficient to support a new immigrant, in accordance with U.S.
immigration laws.  Go to the Federal Poverty Guidelines to learn more.

Preference Immigration
A system for determining which and when people can immigrate to the
United States within the limits of immigration set by Congress.  In family
immigration preference is based on the status of the petitioner (American
citizen or lawful permanent resident) and his/her relationship to the
applicant.  In employment immigration it is based on the qualifications of
the applicant and labor needs in the United States.

Principal Applicant
The person named in the petition.  For example, an American citizen may
file a petition for his married daughter to immigrate to the United States.  
His daughter will be the principal applicant, and her family members will
get visas from her position.  They will get derivative status.  Or a company
may file a petition for a worker.  The worker is the principal applicant.  
Family members get derivative status.

Priority Date
The priority date decides a person's turn to apply for an immigrant visa. In
family immigration the priority date is the date when the petition was filed
at a Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services office or submitted to an Embassy or Consulate
abroad.  In employment immigration the priority date may be the date the
labor certification application was received by the Department of Labor
(DOL).

Public Charge
Refers to becoming dependent upon the government for the expenses of
living (food, shelter, clothing, etc.).  Following U.S. immigration law, an
applicant is ineligible for a visa if he/she will be a public charge.

Qualifying date
The date which the Visa Office of the Department of State uses the
qualifying date to determine when to send the Instruction Package to an
immigrant visa applicant.  The Instruction Package tells the applicant what
documents need to be prepared for the immigrant visa application.

Receipt Notice
A Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Service (USCIS) form Notice of Action, I-797, which says that
the DHS has received a petition.

Re-entry Permit
A travel document that the Department of Homeland Security (DHS) U.S.
Citizenship and Immigration Services issues to lawful permanent residents
(LPRs) who want to stay outside of the U.S. for more than one year and
less than two years.  LPRs who cannot get a passport from their country
of nationality can also apply for a re-entry permit.  You can put visas for
foreign countries in a re-entry permit.

Refugee
A person who has a well-founded fear of persecution if he/she should
return to his/her home country.  He/she applies to come to the United
States in another country and enters the United States as a refugee.  See
the DHS, USCIS website Refugee information to learn more.

Returning Residents
Lawful permanent residents who want to return to the United States after
staying abroad more than one year or beyond the expiration of their re-
entry permits.

Revalidation or Renewal of a Visa
Nonimmigrant visa applicants who currently have a visa, and are seeking
renewal or revalidation of their visa for future travel to the U.S. must apply
abroad, generally in their country of residence.  The exception is renewal
or revalidations of A, G, and NATO diplomatic and official visas (except A-
3, G-5 and NATO-7), which continue to be processed in Washington and
at the U.S. Mission to the United Nations in New York.  See Visa Renewal
to learn more.

Schedule "A" Occupations
The Department of Labor (DOL) has given the DHS, U.S. Citizenship and
Immigration Services authority to approve labor certifications for these
occupations.  These occupations are physical therapists, professional
nurses and people of exceptional ability in the sciences or arts.

Second Preference
A category of family immigration (F2) for spouses, children and unmarried
sons and daughters of lawful permanent residents.

Section 213A
A section of the Immigration and Nationality Act (INA) which establishes
that sponsors have a legal duty to support immigrants they want to bring
(sponsor) to the United States.  They must complete Form I-864 Affidavit
of Support.

Sibling
Brother or sister.

Son/daughter
In immigration law a child becomes a son or daughter when he/she turns
21 or marries.  A son or daughter must have once met the definition of a
child in immigration law.

Special Agricultural Worker
Farm workers in perishable products who worked for a specified period of
time and were able to adjust status to lawful permanent resident
according to the Immigration Reform and Control Act of 1986.

Special Immigrant
A special category of immigrant visas for persons who lost their
citizenship by marriage; persons who lost citizenship by serving in foreign
armed forces; certain foreign medical school graduates; Panama Canal
immigrants; and certain others.

Sponsor
1) A person who fills out and submits an immigration visa petition.  
Another name for sponsor is petitioner, OR 2) a person who completes
an affidavit of support (I-864) for an immigrant visa applicant.

Sponsored Immigrant
An immigrant who has had an affidavit of support filed for him/her.

Spouse
Legally married husband or wife.  A co-habiting partner does not qualify
as a spouse for immigration purposes.  A common-law husband or wife
may or may not qualify as a spouse for immigration purposes, depending
on the laws of the country where the relationship occurs.

State Workforce Agency
The agency or bureau in each State that deals with employment and
labor issues.  For the address of workforce agency in each State go to
the U.S. Department of Labor, Foreign Labor Certification site.

Stepchild
A spouse’s child from a previous marriage or other relationship.  In order
for a stepchild to be able to immigrate as a “child,” the marriage creating
the stepchild/stepparent relationship must have happened before the
stepchild was 18 years of age.

Surviving Parent
A child’s living parent when the child’s other parent is dead, and the living
parent has not remarried.

Tax-exempt
A condition of the law in which an organization or people in some kinds of
work do not have to pay taxes which regular citizens or businesses must
pay.  Religious organizations are often tax-exempt.

Temporary Worker
A foreign worker who will work in the United States for a limited period of
time.  Some visas classes for temporary workers are H, L, O, P, Q and R.  
If you are seeking to come to the U.S. for employment as a temporary
worker in the U.S. (H, L, O, P, and Q visas), your prospective employer
must file a petition with the Department of Homeland Security (DHS),
USCIS.  This petition must be approved by USCIS before you can apply
for a visa.  Select temporary workers to visit the USCIS website and learn
more.  Select temporary worker visas to go to the Department of State
website to learn more, and review information about NAFTA workers (TN
visa) and treaty traders/investors (E visas).

Termination of a Case
If the applicant fails to reply to the inquiry correspondence sent by their
embassy or consulate, termination of their visa application will begin.  The
embassy or consulate will first send a Follow-up Letter and Instruction
Package to the applicant.  If the applicant does not answer within one
year, a termination letter is sent.  At this point the applicant has one more
year to activate the immigrant visa case.  If there is no answer in one
year, the case is terminated.  You can stop termination of a case by
notifying the embassy or consulate before the prescribed time period has
lapsed, that the applicant does not want the case to be closed
(terminated).

Third Country National
Someone who is not an American and not a citizen of the country in which
you are applying for a visa.  Suppose you are a Kenyan visiting Mexico.  If
you apply for a visa to visit the United States while you are in Mexico, we
will consider you a third country national.

Third Preference
A category of family immigration (F3) for married sons and daughters of
American citizens and their spouses and children.  Before 1992 this was
known as fourth preference (P-4).

Upgrade a petition
If you naturalize (become an American citizen) you may ask the U.S.
Citizenship and Immigration Services to change the petitions you filed for
family members when you were a lawful permanent resident (LPR) from
one category to another.  This is called upgrading.  For example, a
petition for a spouse will be changed/upgraded from F2 to IR1.  That is,
the petition changes from a preference category with numerical limits to
an immediate relative category without numerical limits.  The applicant no
longer has to wait for her/his priority date to be reached.

Upgrading a petition sometimes has consequences.  A preference
petition for a spouse permits derivative status for children.  An immediate
relative petition does not.  You, the petitioner, would need to file separate
petitions for each of your children.

Visa
A citizen of a foreign country, wishing to enter the U.S., generally must
first obtain a visa, either a nonimmigrant visa for temporary stay, or an
immigrant visa for permanent residence.  Visa applicants will need to
apply overseas, at the U.S. Embassy or Consulate, generally in their
country of permanent residence.  The type of visa you must have is
defined by immigration law, and relates to the purpose of your travel.  A
visa allows a foreign citizen to travel to the United States port-of entry,
and request permission of the U.S. immigration inspector to enter the U.
S.  Issuance of a visa does not guarantee entry to the United States.  The
CBP Officer at the port-of-entry determines whether you can be admitted
and decides how long you can stay for any particular visit.

Visa Expiration Date
The visa expiration date is shown on the visa.  This means the visa is
valid, or can be used from the date it is issued until the date it expires, for
travel for the same purpose, when the visa is issued for multiple entries.  
This time period from the visa issuance date to visa expiration date as
shown on the visa, is called visa validity.  If you travel frequently as a
tourist for example, with a multiple entry visa, you do not have to apply for
a new visa each time you want to travel to the U.S.  As an example of
travel for the same purpose, if you have a visitor visa, it cannot be used
to enter at a later time to study in the U.S.  The visa validity is the length
of time you are permitted to travel to a port-of-entry in the United States
to request permission of the U.S. immigration inspector to permit you to
enter the U.S.  The visa does not guarantee entry to the U.S.  The
Expiration Date for the visa should not be confused with the authorized
length of your stay in the U.S., given to you by the U.S. immigration
inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or
I-94W for the Visa Waiver Program.  The visa expiration date has nothing
to do with the authorized length of your stay in the U.S. for any given visit.

There are circumstances which can serve to void or cancel the period of
time your visa is valid.  If you overstay the end date of your authorized
stay, as provided by the Department of Homeland Security's U.S.
immigration officer at port of entry, or United States Citizenship and
Immigration Services (USCIS), then this action on your part generally will
automatically void or cancel your visa.  However, if you have filed an
application in a timely manner for extension of stay or a change of status,
and that application is pending and not frivolous, and if you did not
engage in unauthorized employment, then this normally does not
automatically cancel your visa.  If you have applied for adjustment of
status to become a permanent resident alien (“green card” holder), you
should contact USCIS regarding obtaining Advance Parole before leaving
the U.S.

Visa Numbers
Congress establishes the amount of immigration each year. Immigration
for immediate relatives is unlimited; however, preference categories are
limited.  To distribute the visas fairly among all categories of immigration,
the Visa Office in the Department of State distributes the visas by
providing visa numbers according to preference and priority date.

Visa Validity
This generally means the visa is valid, or can be used from the date it is
issued until the date it expires, for travel for the same purpose for visas,
when the visa is issued for multiple entries.  The visa expiration date is
shown on the visa.  Depending on the alien’s nationality, visas can be
issued for any number of entries, from as little as one entry to as many as
multiple (unlimited) entries, for the same purpose of travel.  If you travel
frequently as a tourist for example, with a multiple entry visa, you do not
have to apply for a new visa each time you want to travel to the U.S.  As
an example of travel for the same purpose, if you have a visitor visa, it
cannot be used to enter at a later time to study in the U.S.  The visa
validity is the length of time you are permitted to travel to a port-of-entry
in the United States to request permission of the U.S. immigration
inspector to permit you to enter the U.S.  The visa does not guarantee
entry to the U.S.  The Expiration Date for the visa should not be confused
with the authorized length of your stay in the U.S., given to you by the U.
S. immigration inspector at port-of-entry, on the Arrival-Departure
Record, Form I-94, or I-94W for the Visa Waiver Program.  The visa
expiration date has nothing to do with the authorized length of your stay
in the U.S. for any given visit.

There are circumstances which can serve to void or cancel the period of
time your visa is valid.  If you overstay the end date of your authorized
stay, as provided by the Department of Homeland Security's U.S.
immigration officer at port of entry, or United States Citizenship and
Immigration Services (USCIS), then this action on your part generally will
automatically void or cancel your visa.  However, if you have filed an
application in a timely manner for extension of stay or a change of status,
and that application is pending and not frivolous, and if you did not
engage in unauthorized employment, then this normally does not
automatically cancel your visa.  If you have applied for adjustment of
status to become a permanent resident alien (“green card” holder), you
should contact USCIS regarding obtaining Advance Parole before leaving
the U.S. See Visa Expiration Date.

Visa Waiver Program (VWP)
Citizens of participating countries meeting the Visa Waiver Program
requirements to may be allowed to enter the United States as visitors for
pleasure or business without first getting a visa.  Visitors can stay only 90
days and can not extend their stay.  Go to our information on the Visa
Waiver Program to learn more.

Voluntary Service Program
An organized project that a religious or nonprofit charitable organization
does to provide help to the poor or needy or to further a religious or
charitable cause.  Participants may be eligible for B visas.

Waiver of Ineligibility
In immigration law certain foreign nationals are ineligible for visas to enter
the United States for medical, criminal, security or other conditions and
activities.  Some applicants for visas are able to apply for permission to
enter the United States despite the ineligibility.  The applicant must apply
for permission to enter the United States (waiver). See Classes of Aliens
Ineligible to Receive Visas for more information.  See Ineligible/Ineligibility.


Portions of the Glossary of Visa Terms from the Department of State
website were borrowed for portions of the Immigration Library of this
website.  
Legal Notice

Gerald Cipolla & Associates is a Chicago, US based law firm specializing in immigration law along
with protecting and asserting the rights of immigrants in areas beyond immigration
law.  Immigration law is federal in nature.  Gerald Cipolla & Associates does not
claim expertise in the laws of states or countries other than where our attorneys are
licensed. Gerald Cipolla & Associates retains clients only after following
specifically stated immigration consultation procedures. The information
contained on this website is intended to provide general education to its users and
is not intended to provide solutions to specific problems, facts, or cases.  Users of
this website are not encouraged to resolve individual immigration issues on the
basis of information contained herein and are strongly advised to contact an
immigration lawyer.  Please contact Gerald Cipolla & Associates so that we may
consult with you based on your specific immigration issue or other legal issue.  

Copyright © 2007 Gerald Cipolla & Associates -- All Rights Reserved.

Immigration Attorney Chicago



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Suite 104
Chicago, Illinois 60657  
Phone (773) 687-0549
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