Immigration Status Terms Defined

Here are some terms and definitions used by the U.S. Customs and Immigration Services to define your status as a legal resident or U.S. citizen:

Asylum status is granted to individuals who would qualify as refugees who present their applications either at the border or within the United States. This status depends on the individual's perception of the risk of returning to his or her home country.

Deportation involves the expulsion of an alien from the United States, regardless of whether the individual entered the country legally or illegally. The most common reason for deportation is criminal conviction, but other grounds may apply.

Immigration includes the entry of persons who want to become legal, permanent residents of the United States. Immigrants base their applications on family ties, employment status, and other special categories.

Naturalization and citizenship refers to the process of becoming a permanent member of the society with corresponding ties of national allegiance. Naturalization is subject to USCIS rules. Citizenship confers a higher level of rights and responsibilities on the individual.

Visas cover a wide variety of circumstances and allow nonimmigrants to enter the country on a temporary basis. Different visas give the holder different rights, so it is important to apply for the most appropriate visa form.

Changes in world events make a certain country or region of the world much more dangerous than it was in the past. U.S. immigration laws deal with these changes by granting temporary protected status (TPS) to aliens residing in the United States who are due to leave the country for unstable areas. Under the TPS provisions, the Attorney General may designate a country or region as too dangerous for individuals to return.

The area must experience at least one of three conditions prior to a grant of TPS:

• ongoing war or armed conflict posing a threat to returning aliens,
• natural environmental disasters making the area unable to handle the return of any aliens, or
• other extraordinary and temporary conditions preventing safe return.

TPS is a limited status; aliens do not gain additional rights by qualifying for a longer stay under TPS conditions. Resident aliens must apply for TPS treatment even if exclusion or deportation proceedings were underway when the Attorney General chose a TPS region. The Attorney General's decision is final and not subject to review by any court. Aliens interested in availing themselves of TPS designations should seek immediate legal assistance to avoid return to an unsafe area.