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MANUAL-Immigration-Interpreter-Training 2.0

The Immigration Interpreter Training Student Manual provides essential guidelines and information for interpreters working in immigration contexts, emphasizing the importance of impartiality, ethical conduct, and the historical context of immigration in the U.S. It outlines the roles, responsibilities, and challenges faced by interpreters, including the necessity of providing accurate translations and maintaining confidentiality. The manual also discusses the legal rights of immigrants and the organizational structure of immigration processes, highlighting the critical role interpreters play in ensuring fair hearings.

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Валерия Быкова

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0% found this document useful (0 votes)

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MANUAL-Immigration-Interpreter-Training 2.0

Uploaded by

Валерия Быкова

We take content rights seriously. If you suspect this is your content, claim it here.

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IMMIGRATION INTERPRETER

TRAINING
Student Manual

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Copyright and Permissions Notice

All rights reserved. This manual is solely for the use of Language Connections Interpreter Training
Programs. No part of this manual should be used in any other training program. The pages in this manual
may be reproduced for instructional use during training programs delivered by Language Connections.
Other than for such internal use, no parts of this manual may be reproduced, stored or transmitted in any
form without permission from Language Connections.

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Table of Contents

I. Introduction and Core Competencies 4

Introduction 4
Code of Ethics and Professional Responsibilities (NAJIT) 6
II. “From Columbus to Kamala” 7
A BRIEF HISTORY OF IMMIGRATION IN THE US 8
III. “Nothing like bureaucracy” 15
ORGANIZATIONAL STRUCTURE OF IMMIGRATION 15
IV. “Comin’ to America” 18
Immigrant and Nonimmigrant visas 18
V. “Rights for Immigrants are Rights for Everyone” 25
“Deportation,” “Removal” and “Exclusion” 25
Relief from Removal 27
Change of Venue 29
Appeals 29
Asylum 29
Unaccompanied Minor Children: A Humanitarian Crisis at the Border 31
USCIS DEFINITIONS 35
ONLINE RESOURCES 53
BIBLIOGRAPHY 53
GLOSSARY OF IMMIGRATION TERMS 54
ROLE-PLAYS 80
ROLE PLAY #1 80
ROLE PLAY #2. 83
ROLE PLAY #3. 86
ROLE PLAY #4 88
ROLE PLAY #5 91
ROLE PLAY #6 93
ROLE PLAY #7 95
ROLE PLAY #8. 97
ROLE PLAY #9 99

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I. Introduction and Core Competencies

Introduction
Interpreting for immigrants can be a very rewarding profession. Whether you are an interpreter working
in the immigration courts or accompanying someone to their interview for permanent residence at the
USCIS offices, you will hear many stories – some uplifting and heroic; others are harrowing accounts of
persecution. Attaining the “American Dream” still holds true for many who come to the United States
seeking a better life. As an interpreter, you will undoubtedly hear their stories, be moved by them, yet
still, be steadfast in your important role as an unbiased interpreter. With your knowledge of languages,
you serve as a bridge between a monolithic institution and a hopeful immigrant.

Human migration has existed since the very beginning of time. Natural and man-made disasters are part
of our lives. Historically, the United States is a country formed by immigrants from all over the world. At
certain of history, the United States has experienced surges and lulls of immigrants arriving at our shores.
For example, there was very little immigration during the Civil War and from 1920 to 1960. However,
since 1965 until now, immigration has increased at an unprecedented rate. The 1950’s saw an average
of 250,000 new immigrants each year. Today, over one million immigrants have become legalized. Not
included in this numebr is more than 12 million undocumented people living and working in the United
States.

With such large movements of people, undocumented immigrants find their way here largely due to the
dire circumstances in their home countries. This has resulted in an explosion of arrests at the border.
Throughout the country, detention centers are filled to capacity. Historically, those attempting to enter
the United States were from Mexico and Central America. Today, incoming immigrants are from all
corners of the world – Ukraine, India, China, Haiti, and Venezuela.

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Once an immigrant sets foot in the United States – legally or illegally – they have certain constitutional
rights including a right to a fair hearing, a right to an attorney and a right to present evidence and
witnesses on their behalf. The immigration court must ensure that every noncitizen who appears before
an immigration court has a full and fair opportunity to present their case. Therefore, role of the
interpreter in the immigration court is critical in seeing that justice is served.

As of 2023, there are approximately 68 immigration courts throughout the United States staffed by
approximately 600 immigration judges. Each judge has been assigned 4,500 cases! There are less than
100 staff interpreters employed by the federal government nationwide to interpret in the immigration
courts. However, most interpreters who serve the courts are interpreters from a third-party entity known
as SOSi (https://www.sosi.com/languageservices/). This company in turn contracts free-lance interpreters
to attend the immigration hearings.

Any person appearing before the immigration court must have access to an interpreter if her or she does
not understand or speak sufficient English. If the noncitizen speaks an indigenous or rare language, the
immigration court is obligated to provide an interpreter. Otherwise, the immigrant’s due process rights
would be violated. Unlike criminal court, the immigration judge has discretion to allow interpreting of the
colloquy. However, in a 1991 Ninth Circuit Court decision the circuit court ruled that an immigrant’s due
process rights were indeed violated on account of the immigration court’s failure to provide full
interpretation of court proceedings. Immigration court interpreters, therefore, perform in the same way
as in any civil or criminal court proceedings.

In situations where the noncitizen is appearing before an asylum office or with the USCIS, the government
is not obligated to provide interpreting services. In those cases, it is incumbent upon the intending
immigrant to arrive with their own interpreter. This often results in interpreters who are unqualified or
family members who lack impartiality and perhaps lack knowledge of immigration procedures or its legal
terminology.

In cases where a noncitizen is being detained by immigration, the government must provide an
interpreter. The pandemic, the remote location of many detention facilities, and the scarcity of qualified
interpreters compounded by limited access to both legal and interpreting services, were roadblocks to
scheduling hearings and caused many delays. Today, most interviews requiring an interpreter are
conducted via remote.

Regardless of the compelling stories, the job as an interpreter is to remain impartial. As with other
professions, a professional interpreter must follow a Code of Ethics. The American legal system has
adopted the Code of Ethics articulated by the National Association of Judiciary Interpreters and
Translators (NAJIT) as the foundation for court interpreters’ professional conduct and governing standards
which includes interpreting for the immigration hearings before a judge. There is no specific Code of
Ethics for immigration interpreters.

Many noncitizens who appear before the immigration courts are non-or limited English speakers (LEP).
The function of court interpreters and translators is to remove the language barrier to the extent possible

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so that access to a full and fair hearing is equal to that of a similarly-situated English speaker for whom no
such barrier exists. The degree of trust that is placed in court interpreters and the magnitude of their
responsibility necessitate high, uniform ethical standards and code of professional conduct to ensure that
every immigrant is afforded their due process rights and justice is served.

Code of Ethics and Professional Responsibilities (NAJIT)

Accuracy
Source-language speech should be faithfully rendered into the target language by conserving all the
elements of the original message while accommodating the syntactic and semantic patterns of the target
language. The rendition should sound natural in the target language, and there should be no distortion of
the original message through addition or omission, explanation, or paraphrasing. All hedges, false starts
and repetitions should be conveyed; also, English words mixed into the other language should be retained,
as should culturally-bound terms which have no direct equivalent in English, or which may have more than
one meaning. The register, style and tone of the source language should be conserved.

Impartiality and Conflicts of Interest

Court interpreters and translators are to remain impartial and neutral in proceedings where they serve,
and must maintain the appearance of impartiality and neutrality, avoiding unnecessary contact with the
parties. Court interpreters and translators shall abstain from comment on matters in which they serve.
Any real or potential conflict of interest shall be immediately disclosed to the Court and all parties as soon
as the interpreter or translator becomes aware of such conflict of interest.

Confidentiality
Privileged or confidential information acquired in course of interpreting or preparing a translation shall
not be disclosed by the interpreter without authorization.

Limitations of Practice
Court interpreters and translators shall limit their participation in those matters in which they serve to
interpreting and translating, and shall not give advice to the parties or otherwise engage in activities that
can be construed as the practice of law.

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Protocol and Demeanor

Court interpreters shall conduct themselves in a manner consistent with the standards and protocol of
the Court, and shall perform their duties as unobtrusively as possible. Court interpreters are to use the
same grammatical persona as the speaker. When it becomes necessary to assume a primary role in the
communication, they must make it clear that they are speaking for themselves.

Maintenance and Improvement of Skills and Knowledge

Court interpreters and translators shall strive to maintain and improve their interpreting and translation
skills and knowledge.

Accurate Representation of Credentials

Court interpreters and translators shall accurately represent their certifications, accreditations, training
and pertinent experience.

Impediments to Compliance
Court interpreters and translators shall bring to the Court’s attention any circumstance or condition that
impedes full compliance with any Canon of this Code, including interpreter fatigue, inability to hear, or
inadequate knowledge of specialized terminology, and must decline assignments under conditions that
make such compliance patently impossible.

II. “From Columbus to Kamala”

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A BRIEF HISTORY OF IMMIGRATION IN THE US

From colonization to formation of United States: 1492-1789
● 1607 – ENGLAND, (Jamestown, VA)
● 1619 – AFRICA, First African slaves
(Jamestown, VA)
● 1624 – HOLLAND, “New Amsterdam”
(Manhattan, NY)
● 1699 – FRANCE, (Louisiana and Quebec,
Canada)
● 1700’s – GERMANY, (Pennsylvania)
● 1776-1783 – War of Independence
● 1789 – United States Constitution ratified;
George Washington is sworn in as President

Expansion and Civil War 1790-1865

● 1790 – Naturalization Act “Free white persons”
are of “good moral character” (African
Americans are not considered citizens until
1870)
● 1798 – Alien Sedition Act – deports dangerous
people to national security
● 1819 – Steerage Act – specifically dedicated to
immigration; passenger lists are reported to
local customs offices at ports of entry which
are in turn sent to the central government in
Washington
● 1800-1860 – Territorial expansion, European
problems, need for labor
● Louisiana Purchase 1803 (see map)
● Mexican-American War 1848 (see map)

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Industrialization and urbanization 1865-1924

● 1875 – laws are passed to address specific
segments of population (criminals,
prostitutes, and Chinese laborers)
● 1882 – immigration excludes “inadmissible
aliens” defined as “public charge” and
“lunatics”
● 1882 Chinese Exclusion Act
o No more Chinese nationals admitted
for a period of 10 years (1882-1892)
o Chinese nationals barred from U.S.
citizenship
o Chinese citizens without U.S.
citizenship are deported

● 1891 – the first comprehensive

immigration law is passed
○ “The Bureau of Immigration”
agency is established and falls
under the jurisdiction of the
Treasury Department
○ Deportation of people who
enter illegally is implemented
○ Exclusion of “polygamists” and
persons with “certain
contagious diseases” added to
“inadmissible aliens” list
● 1892 – Chinese Exclusion Act is
renewed
● 1892 – Ellis Island opens to process
the thousands of arriving immigrants
● 1902 – Chinese Exclusion Act is
renewed indefinitely

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● 1906 Immigration and Nationality Act

○ Functions of immigration and
naturalization are consolidated
into one agency
○ Forms and filing fees are
created
○ English is requirement for
naturalization
● 1906-1924 more exclusion categories
are added to “inadmissible aliens” lists
which were overtly racist and or based
on religion with a bias against Asians
and Southeastern Europeans (Polish,
Hungarian, etc.)
● 1921 Quota Law –
○ Imposes numerical limits on
immigration to 350,000 per year
○ Allows up to 3% of noncitizens
from specific countries into
United States (as of 1910) but:
○ Exempt from numerical limits are noncitizens from Western hemisphere
countries (Canada, Mexico Central, South America and the Caribbean).
Unlimited immigration is allowed from these countries.
● 1924 National Origins Act
○ Allows for 165,000 immigrants per year
○ Designates up to 2% of people of specific country in United States (as of 1890)
○ The Border Patrol is established.
While this was going on, immigrants arrived on both the East and West coasts by the thousands.
Sound familiar?
● 1870-1930: 30 million immigrants arrive
● Between 1900 to 1910, Nine out of the above 30 million will arrive
● 1890 – 14.8% of total U.S. immigrant population
● 1910 – 14.7% of total U.S. immigrant population
● 2009 – 12.5% of total U.S. immigrant population
● 1930 – 1945 – The Great Depression and World War II
● 1940 – Alien Registration Act
○ Fingerprints for people over 14 years of age
○ Past political membership now included as grounds for exclusion or
“inadmissible alien”

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○ But on the bright side…created relief from deportation: suspension of

deportation and voluntary departure
● 1942 – Japanese-Americans (both U.S. and foreign born!) sent to internment camps in
harsh, remote, and unpopulated areas
● 1942 – Bracero Program begins (implemented until 1964) allowing five million Mexican
agricultural workers to temporarily work as seasonal farm laborers in the United States
● 1943 – The Chinese Exclusion Act is repealed; however, quotas remain, limiting
immigration to a mere 105 Chinese Immigrants. Foreign-born Chinese also win the
right to seek naturalization.
● 1946 – Filipinos and Indians also now eligible for citizenship

● 1945-2001 – The Cold War, Prosperity, and the United States as a World player
● 1948 – Displaced Persons Act allows 205,00 immigrants from countries in the Soviet Union
● 1950 – Law is passed to deport past or present members of the Communist Party
● 1952 – Immigration and Nationality Act of 1952
○ Immigration and naturalization laws are now included in one statute
○ Formally eliminated race-based immigration is abolished but racial bias and
national origins quotas are maintained:
■ 1/6 of 1% ancestry as of 1920 giving advantage to United Kingdom,
Ireland and Germany as their quotas remained unfilled but:
■ EXEMPT – Western Hemisphere (The Americas)
● 1954 – Operation Wetback rounds up and deports one million noncitizens of Mexican
origin including U.S-born citizens and legal residents!
● 1965 – Immigration and Nationality Act of 1965
○ Abolishes national origins as a basis for immigration
○ “Preference system” is established
■ Two sets of preference categories are established; on based on family
and the other on employment
○ Numerical limitations per country were limited to 20,000 per year:

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■ 170,000 – Eastern Hemisphere

■ 120,000 – Western European
● EXEMPT – Western Hemisphere (The Americas)

● 1966 – Cuban Adjustment Act of 1966

○ Cubans in U.S. after 1959 allowed to apply directly for permanent resident status
● 1976 – The Americas now subject to numerical limitations like the rest of the world
● 1978 – World numerical limitation cap set at 290,000 per year
● 1975 – Indochina resettlement allowed people from Southeast Asia to immigrate as
refugees not subject to numerical cap
● 1980 – “Refugee” is defined by the 1967 United Nations protocol and “refugee” status is
removed from the visa preference system of 290K
● 1986 – Immigration Reform and Control Act (IRCA)
○ Legalizes approximately three million undocumented immigrants living illegally in
the United States
○ Imposes employer sanctions. Fines imposed for hiring unlawful immigrants
(people without work permit)
○ Established seasonal workers visa category (H2-A)
● 1990 – Immigration and Nationality Act
○ Increased visa cap to 700K
○ “Temporary Protected Status” (TPS) is created for unauthorized immigrants
coming from natural disasters or armed conflicts
○ Numerical cap is put on temporary workers:
■ H-1B (professionals) capped at 65K/year
■ H-2B (seasonal) capped at 66K/year
● 1996 – Various laws are passed with dire consequences for the immigrant community:
○ “Aggravated Felon” definition is expanded and includes non-violent crimes

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○ Expedited removal proceedings with no formal hearing are established

○ Three to 10-year bar is imposed on legally entering the United States if ever in an
unlawful status at any time in United States
○ Permanent residents are ineligible for public assistance for 5-10 years
○ Illegal immigrants are ineligible for public assistance
○ Asylum was given stricter interpretation
○ “Secret Evidence” against an immigrant is not accessible to the immigrant or their
lawyer.

● Contrasting origins of immigrant groups 1960 versus 2013

POST 9/11
○ “Special Registration” is imposed for specific nationalities (NSEERS) to include
Muslims, Arabs, and certain Asians
○ Anti-terrorism laws
○ Immigration documents are computerized and tamperproof
○ Undocumented immigrants are restricted in obtaining a state driver’s license.
This varies from state to state. As recent as July, 2023, undocumented
immigrants can obtain a driver’s license in Massachusetts.
● 2002 – Homeland Security Act
● 2006 – Fence Act of 2006 - Construction of an 850-mile fence along U.S./Mexican border
● 2012 – Executive Order (Obama) DACA
○ For minor children brought to U.S.; given a two- year, renewable work visa
● 2017 – Executive Order (Trump)
○ Rescinds DACA (above order of 2012)
○ Suspends refugee program for 120 days
○ Bans Syrians from entering the U.S. (11 million displaced Syrians!)
○ Bans nationals from Iran, Iraq, Somalia, Libya, Sudan and Yemen from entering
US

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● 2018 – Numerous executive orders, court rulings and procedural changes are made
● Supreme Court upholds travel ban; North Korea and Venezuela added to ban
● 2018 (July-August) – “zero tolerance”.
○ Arrested illegal immigrants are criminally prosecuted
○ Supreme Court rules Trump rescinding DACA unlawful
○ Minors are separated from parents when detained by immigration for illegally
entering US
○ – Another year of restrictive immigration policies:
○ Bars application for asylum if person has traveled through a third country
○ Requires a person seeking to enter the US as refugee to request asylum at port
of entry i.e., outside the United States
● 2020 – December 7
○ DACA program up and running again per recent Court Orders
● 2021
○ Texas court renders a decision prohibiting pending DACA applicants for
approval. It is now working its way through the courts on appeal
○ Biden continues “Remain in Mexico” policy for asylum seekers as of October,
2021
● 2022-2024 – Biden years
○ By taking 535 immigration actions over its first three years, the Biden
administration has already outpaced the 472 immigration-related executive
actions undertaken in all four years of President Donald Trump’s term. Partly as
result of these efforts, legal immigration is returning to and in some cases
surpassing pre-pandemic levels:
○ Refugee admissions on pace to reach the highs of the 1990s;
○ A new border process seeking to discourage irregular arrivals has been adopted;
Temporary humanitarian protections have been extended to hundreds of thousands of
migrants;
○ Enforcement priorities have been focused on narrower categories of
unauthorized immigrants.
○ What are the top three countries of immigration to the United States as of
2021?

Massachusetts statistics on immigration

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○ 17% of the Massachusetts population is immigrant (foreign born individuals).

This represents 1.2 million immigrants in Massachusetts.
○ Top countries are:
■ China (8%)
■ Dominican Republic (8%)
■ Brazil (7%)
■ India (7%)
■ Haiti (5%)
○ Nearly half of all immigrants in Massachusetts are naturalized U.S. citizens
○ Four out of five (79%) immigrants reported speaking English “well” or “very
well”.
○ Two in five (40%) adult immigrants had a college degree or more education in
2018, while one in five (20%) had less than a high school diploma.

III. “Nothing like bureaucracy”

ORGANIZATIONAL STRUCTURE OF IMMIGRATION

There are two branches of government that relate to immigration and border control.

1. Department of Homeland Security (USCIS, CBP, ICE) – immigration benefits and

enforcement.

2. Department of Justice (EOIR, BIA) – judicial branch of immigration.

3. Department of Homeland Security (DHS)

U.S. Department of Homeland Security

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As of April, 2024, Alejandro Mayorkas is the Secretary of Homeland Security, a Biden political appointee.

The Department of Homeland Security is the government agency responsible for both benefits and
enforcement.

BENEFITS:
U.S. Citizenship and Immigration Services (USCIS)
● Processing of permanent residence (green card) applications;

● Family and employment-based immigrant visa petitions

● Processing of naturalization applications;

● Change of nonimmigrant status and nonimmigrant work petitions;

● Deciding affirmative asylum cases;

● Issuing employment authorization (EAD).

ENFORCEMENT:
U.S. Customs & Border Protection (CBP) is what is commonly known as the Border Patrol. In
the wake of the terrorist attacks in 2001, it has become increasingly militarized.

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USCIS ORGANIZATIONAL CHART

U.S. Customs Immigration & Enforcement (ICE). The mission of ICE is to protect America from the cross-
border crime and illegal immigration that threaten national security and public safety. This mission is
executed through the enforcement of more than 400 federal statutes and focuses on smart immigration
enforcement, preventing terrorism and combating the illegal movement of people and goods.

Department of Justice (DOJ)

The immigration court and the Board of Immigration Appeals fall under the jurisdiction of the DOJ. The
DOJ’s chief officer is the Attorney General (AG), a presidential appointee. The Attorney General is
responsible for providing legal advice on government matters to the president and in enforcing the laws
of the land. The Attorney General is the highest law enforcement officer in the United States. Immigration
cases of removal are heard by an immigration judge in court hearing throughout the country. The
immigration court is managed under the Office of Immigration Review (EOIR). Also under this agency is
the Board of Immigration Appeals (BIA). Unlike criminal and civil law procedures, the immigration court
is an administrative law agency and therefore not held to the same court procedures as those of district,
state, and federal courts. The EOIR interprets and administers federal immigration laws by conducting
immigration court proceedings, appellate reviews, and administrative hearings. The EOIR consists of three
parts:

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● Office of the Chief Immigration Judge – responsible for managing the immigration
courts located throughout the United States, where Immigration Judges adjudicate individual
cases.

● Board of Immigration Appeals (BIA) – conducts appellate review of immigration judge

decisions. Both the immigrant and government may appeal a decision rendered by the
immigration judge.

● Office of the Chief Administrative Hearing Officer, which adjudicates

immigration-related employment cases. EOIR is committed to providing fair, expeditious and
uniform application of the nation's immigration laws.

IV. “Comin’ to America”

Immigrant and Nonimmigrant visas

What is the function of a passport?

KNOW YOUR ABC’s: NONIMMIGRANT STATUS

● Entering the U.S. on a temporary basis (ex. tourism, business, temporary work, or study);

● Activity in U.S. is restricted to the terms of the visa in which the noncitizen enters the
United States;

● Change from one nonimmigrant status to another is authorized by USCIS;

● Visas are applied for and at a U.S. Embassy or Consular office abroad;

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● A nonimmigrant visa applicant is presumed to be an “intending immigrant.” and the

burden of proof to show otherwise is on the foreign national when requesting a non-
immigrant visa;

● A visa stamped on the passport does not necessarily mean a person is allowed to enter
the U.S. when they arrive at a port of entry;

● The amount of time allowed to remain in the U.S. is decided at the port of entry, and not
on the visa expiration date stamped in the passport;

● Willful misrepresentation of a material fact means providing false information on a non-

immigrant visa application. This may permanently bar someone from entering the U.S. or
obtaining permanent residence.

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● N – Parents/children of “special immigrants”

● O – Extraordinary Ability in Arts, Sciences, Education, Athletics
● P – Performing artist, athlete, or entertainer
● Q – International Cultural Exchange Visitor
● R – Religious worker
● S – Witnesses of criminal activity
● T – Victim of Human trafficking
● TN/TD – Worker under NAFTA agreement (Mexico, Canada)
● U – Victim of Criminal Violence
● V – visa for a spouse or minor child of an LPR

IMMIGRANT STATUS

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● What is the definition of an “immigrant” in the United States?

Legal: Lawfully Admitted Permanent Resident; Permanent Resident, Resident, Green Card holder, LPR;
you have your “papers”

Family
● The spouse of a U.S. citizen or legal resident;

● The unmarried child of a U.S. citizen or legal resident;

● The married child of a U.S. citizen;

● The parent of a U.S. citizen or legal resident;

● The brother or sister of a U.S. citizen;

● The fiancé of a U.S. citizen (under special immigration admission);

● The widow or widower of a U.S. citizen.

Employment
● Extraordinary abilities in the sciences, art, education, business, or athletics, exceptional
researchers and professors, and multinational managers;

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● Those whose profession requires an advanced degree, those who have exceptional abilities in the
arts, sciences, or business, and those who are seeking a national interest waiver;

● Skilled worker, professional, or other worker;

● Physicians who agree to work full-time in clinical practices in a designated underserved area for a
specific period;

● Immigrant investors who are actively in the process of investing at least $1 million in non-rural
areas or $500,000 in a rural area and will employ 10 US workers.

Diversity Visa Program (DV) – The Diversity Immigrant Visa (DV) Program awards up to 50,000
immigrant visas each year. For the drawing of the DV-2025 lottery, applicants must have submitted their
entries between October 4, 2023 up until November 7, 2023.

Special Immigrant
● Afghanistan or Iraq nationals who worked as a translator for the U.S. government, who were
employed by the U.S. government in Iraq for at least one year, or who were employed by the
International Security Assistance Force;

● Family members of people employed by an international organization or NATO-6;

● Children who have been abused, abandoned, or neglected by their parent(s), and who qualify for
Special Immigrant Juvenile (SIJ) status.

Extraordinary circumstances
● An asylee can apply for permanent residence status at the one-year anniversary of having been
granted asylum;

● Victim of human trafficking or another crime (T or U status);

● Abused spouse, child, or parent of a U.S. citizen, or lawful permanent resident;

● Resided continuously in the U.S. since before January 1, 1972;

● Meet any of the terms outlined for sponsorship under non-common circumstances as outlined by
USCIS.

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Factors to consider:
1. Manner of entry and status in U.S.:

● Entered lawfully and maintains nonimmigrant status;

● Entered lawfully but out of status or status has expired;

● Parolee (such as Afghanis who are now being processed as special immigrants);

● Stowaway.

2. Criminal history and criminal convictions;

3. Received public assistance;

4. Complied with Federal Income Tax laws;

5. Does not have communicable disease(s);

6. Did not travel outside of the U.S. while application was pending.

Private bill - This path to permanent residence involves convincing a member of Congress to file a
private bill (law) on the immigrant’s behalf. The bill then must be approved by Congress and ultimately
signed by the President. Considered extremely rare and unusual, an applicant request support from a
congressman if their eligibility does not fall under any of the immigration laws leading to citizenship.

Illegal: A noncitizen who entered the United States without being inspected and admitted. Also known
as “undocumented,” “entered without inspection,” (EWI) or “no papers.”

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Wall along U.S. Mexican border (U.

Points of entry along the U.S.-Mexican border

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V. “Rights for Immigrants are Rights for Everyone”

“Deportation,” “Removal” and “Exclusion”

● “Deportation Proceedings” are court cases for noncitizens who are in proceedings prior
to April 1, 1997.

● “Exclusion Proceedings” are also cases before the immigration court prior April 1, 1997.
These proceedings are for noncitizens seeking entry into the United States.

☞ Since April 1, 1997, all immigration court proceedings are called “Removal Proceedings.”

Removal proceedings can apply to noncitizens arriving at a port of entry, airport or sea landing zone, or
any other entry/departure route to or from the United States. If a person is determined to be inadmissible
at a port of entry, they may be turned away or removed at U.S. government expense. Since the person
is seeking entry into the United States, and they have not been allowed to enter, their rights are limited.

Removal proceedings also take place for noncitizens who are physically present inside the territory of the
United States and have been found to have violated the law such as entering without inspection, (EWI);
overstaying their nonimmigrant status, or engaging in criminal activity.

Removal proceedings. Deportation and Exclusion proceedings were combined into one unified proceeding
now known as “Removal.” If a person is found to be removable, they may be removed to the last place
of departure outside of the United States or be returned to their home country. In cases where a home
country will not accept a person ordered removed from the U.S. (e.g., Cuba, Vietnam), a removable
noncitizen may be held indefinitely by the U.S. immigration authorities. Removal of any kind, is by far the
most severe outcome for an immigrant wishing to remain in the United States. The consequences of
being banned entry not only affect the individual but family and friends as well. An order of removal may
result in a permanent bar to lawfully reenter the United States.

Once in the United States, be it legally or illegally, noncitizens are protected under the laws of the
Constitution. Irrespective of immigration status, noncitizens have their rights under the 14th Amendment
of the U.S. Constitution. These rights include the right to an attorney, the right to a full and fair hearing
and the right to remain silent, among others. Since the immigration laws fall under civil code, the
government is not required to provide an attorney at the government’s expense. Immigrants seeking legal
assistance before the Department of Homeland Security (DHS) or the Executive Office for Immigration
Review (immigration court) must obtain their own representation – either with a private attorney or
through legal services.

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Removal proceedings begin when Immigration and Customs Enforcement (ICE) or the Customs and Border
Protection (CBP) have a person in custody whom they believe should be removed. They can decide to: a)
keep the person in detention; b) allow the person to be released under own recognizance or bond or; c)
directly remove the person from the United States. If DHS officials determine the individual is removable,
they issue a “Notice to Appear.” (NTA).

Once an NTA is filed with the immigration court by DHS, removal proceedings begin. On a national level,
the immigration courts are groaning under the sheer volume of cases. As of April, 2024, there are over
three million cases pending before the immigration courts. As a result, it may take years before a final
decision is rendered. If the immigration judge decides against the immigrant, he or she has the right to
appeal the immigration judge’s decision. Likewise, if the decision is in favor of the immigrant, DHS also
has the right to appeal. Appeals are based on the error of the judge’s interpretation and decision, and
include complex legal arguments. Selected cases that reach the Supreme Court then become the legal
basis for future interpretation of immigration laws in the lower courts.

Unlike criminal law, immigration laws follow their own protocols. The role of the DHS trial attorney
parallels the role of a district attorney. However, unlike civil or criminal court judges, the immigration
judge can examine or interrogate all parties. The rules of evidence also differ. In criminal court hearsay
is not admissible whereas it is allowed in immigration proceedings.

One of the most common routes to being put in removal proceedings is from committing minor traffic
violations. A local police officer has two choices: allow the person to go on his or her way after citing
them for an infraction, or turn them over to ICE for further questioning. Local police enforcement does
not have the authority to establish if someone is in the country illegally and therefore, the police officer
must turn the individual over to immigration. This is now being hotly contested by the State of Texas
where the lion’s share of illegal crossing takes place. Texas has put up their own physical barriers along
the border and is openly defying the federal government’s efforts to protect the border.

Once in removal proceedings, the person, referred to as the “Respondent,” can present evidence as to
why they should not be removed. For example, if a person has lived continuously in the United States for
10 years or more, there are possibilities to “cancel” the removal. Other remedies include asylum or being
a victim of a serious crime. These types of relief from removal are not given liberally and require
substantial documentation. The process can take years before a final decision.

As previously stated, the immigration court falls under the jurisdiction of the Department of Justice, a
completely different entity from the Department of Homeland Security. Once a removable noncitizen is
before the immigration judge, they have the right to ask for relief if they meet the basic criteria to request
it. Common requests before the immigration judge are voluntary departure, asylum, and cancellation of
removal.

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Relief from Removal

Voluntary Departure – This reliefs keeps an individual from having an order of removal held against
him or her. Once a removal order has been entered, it is very difficult to lawfully re-enter the United
States. In addition, if detained by immigration authorities after having been removed, the consequences
are dire and include stiffer penalties including up to 20 years in a U.S. prison. To be eligible for voluntary
departure, the applicant must have no prior deportation or removal orders or criminal history. He or she
must depart at their own expense but will be given time to get his or her affairs in order, usually 60 to 120
days from the date of the order.

Asylum, Withholding of Removal and Convention Against Torture – If a person fears

harm that amounts to persecution or even torture if returned to their home country, the request for
asylum is an available form of relief. To receive this relief, a person must file an application within one
year upon arrival in the United States. He or she must convince the judge that they have a “well-founded

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fear” of persecution based on one or more of the following categories: race, ethnicity, nationality,
religion, particular social group, or political opinion. A year from the order granting asylum, the asylee
can then apply to adjust status to permanent residence. An asylee-applicant for permanent residence is
subject to most of the admissibility requirements that cover all applicants.

Cancellation of Removal for Nonpermanent Residents – In order to apply for this relief an
applicant must have: 1) lived continuously in the United States for at least ten years; 2) demonstrate
“good moral character” (i.e., no criminal record at minimum) and; 3) have a United States citizen or Lawful
Permanent Resident parent, spouse, or child under the age of 21 who will suffer “exceptional and
extremely unusual hardship” if the applicant is removed. The hardship criteria are the most difficult
threshold to overcome. Only 4,000 immigrant visas each year are assigned to those who have successfully
established their eligibility which has resulted in significant backlog between the judge’s decision and
receiving the actual green card. If, in between the time they have been deemed eligible, they commit a
crime, they will again be placed in removal proceedings.

Deferred Action for Childhood Arrivals or commonly known as “DACA” is a form of

relief for someone who has entered the United States both before their 16th birthday and before June 15,
2007 and is in or could enroll in certain educational programs or the military. This program was suspended
with the last Administration, but was reinstated in December of 2020 through a federal court order. As
of July 2021, a Texas court ruled that the program was unconstitutional. Anyone with a case pending as
of the date of the ruling will have their application denied. This includes applicants who filed months
before the decision was made and their cases were pending.

T visa – A person must have been the victim of either sex or labor trafficking, including being made to
work by force or fraud.

U visa – This relief is granted to a person who has been the victim of a serious crime, such as domestic
violence, assault false imprisonment, extortion, obstruction of justice or sexual abuse, and be or have
been willing to cooperate in an investigation or prosecution of the crime.

Regardless of the avenue to remain in the United States each person must prove that they are otherwise
admissible to obtain a green card.

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Change of Venue
When a person is apprehended and then put in deportation or removal proceedings, it is possible to
request a change of venue. The authority to allow for a change of venue rests with the immigration judge.
The sending immigration judge should endeavor to do the following before granting a change of venue in
the time allowed:

● Obtain pleadings;

● Resolve the issue of deportability, removability, or inadmissibility;

● Determine the form(s) of relief that will be sought;

● Set a date certain by which relief application(s), if any, must be filed with the court;

● State on the record that failure to comply with the filing deadline will constitute abandonment of
the relief application(s) and may result in the judge rendering a decision on the record
as constituted.

Appeals
Once a final order of the immigration judge is entered, the Respondent may appeal the decision to the
Board of Immigration Appeals (BIA). This process can take months or even years before a final decision is
made. An appeal is not a rehashing of the removal hearing but rather an argument that the immigration
judge erred in his decision of the original order based on abuse of his discretion, a matter of law, or
administrative errors. The BIA can uphold the original decision or remand it back to the immigration judge
for review.

A BIA decision can also be appealed to the Federal Circuit Court of Appeals. At this point, the case leaves
the jurisdiction in the Department of Justice and now travels to judiciary branch courts where all cases –
administrative, civil, or criminal – are heard. Once a circuit court or federal appeal has been exhausted,
the Respondent can request a hearing before the Supreme Court. At a high level of appeal, very few
cases are considered for review by the Supreme Court.

Asylum
Perhaps one of the most well-known and controversial aspects of immigration is the body of law that
encompasses refugees and asylum. Traditionally, the United States on a certain level has welcomed those
seeking refuge as expressed on the base of the Statue of Liberty. Who receives asylum or refugee status
largely depends on the political landscape which changes over time or even with each Administration. The
process of modern asylum law evolved after World War II and through the Cold War years. At that time,

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the focus was on giving refugee status to those fleeing Communist countries such as the Soviet Union or
Cuba. In 1980, the Refugee Act of 1980 provided protection to persons who fear returning to their home
country because of past persecution or a well-founded fear of future persecution based on their race,
religion, nationality, membership in a particular social group or political opinion. This language was based
on the 1967 Protocol on the Status of Refugees by the United Nations High Commissioner for Refugees
(UNHCR). Despite this, proving a “well-founded fear” of persecution was a much more difficult task for
people who were fleeing countries undergoing radical change, upheaval, or countries with emerging
democracies where the United States was allocating military and other humanitarian aid or other
intervention during the Cold War.

By the end of the eighties, increased political instability, uncontrolled criminal activity and overall violence
experienced in countries worldwide, translated into an explosion of people seeking asylum. This is not
limited to the United States and is now a global phenomenon. In the United States, this huge increase
has had a direct impact on the entire immigration system; the backlog of cases before the immigration
has increased exponentially. With this increase, the denial rate has risen. The unprecedented influx of
asylee seekers at the border is truly a humanitarian crisis, not easily solved.

In 2023, DHS pulled personnel and resources to screen applicants at the border rather than adjudicate
asylum claims at offices stateside. As of November, 2023, 1.1 million asylum cases were in a backlog at
USCIS, and another 938,000 applications were pending at the immigration courts. Of the 431,000 asylum
applications filed at USCIS in FY 2023, 62 percent came from nationals of Latin American and Caribbean
countries; Venezuelans (22 percent), Cubans (18 percent), Colombians (8 percent), Nicaraguans (8
percent), and Haitians (6 percent) were the largest nationalities. Nationality data are not available for
asylum applications filed at immigration courts.

Below is a 10-year chart (2013-2023) of asylum applicants. Since an applicant may be able to file with the
USCIS if they are not in removal proceedings, both agencies can grant or deny asylum.

Interpreting for the asylum applicant is particularly challenging since many people fleeing persecution
experience symptoms of Post Traumatic Stress Disorder (PTSD) or other mental health issues. Often their
stories involve torture, abuse, or witness to atrocities behind the backdrop of unimaginable devastation.

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The interpreter must keep a steady and controlled communication which can be difficult, as we are
human. To prepare for an interview with an asylum applicant – whether it is preparing their case or at
the interview with an immigration officer – it is important for the interpreter to be familiar with country
conditions, its form of government and names of political parties. Maintaining professional decorum and
self-care can be challenging when interpreting these highly emotional cases.

For example, in drafting a written statement or affidavit, an attorney will need to know every detail of a
person’s life to establish a “well-founded fear.” The description will most likely include details of violence
and or emotional abuse. Preparation may take place over the course of multiple interviews and may even
require the services of an interpreter at a session with a mental health provider. At the asylum interview
with the USCIS, the Asylum Officer may ask questions seemingly unrelated to the applicant’s claim of
persecution. The asylum applicant may be questioned by the immigration officer regarding the manner
of entry or past travel. This line of questioning is rationalized by the immigration officer as a way of
establishing the applicant’s credibility in general. Other asylum officers take a less adversarial approach
during their interviews and follow the questions on the application form.

Unaccompanied Minor Children: A Humanitarian Crisis at the Border

An unaccompanied minor child is defined as a person under the age of 18, has no legal status and has no
parent or legal guardian in the United States. The numbers of unaccompanied minors arriving since
January 2021 staggering; in Fiscal Year 2021 through February, 29,792 unaccompanied children and single
minors have been encountered along the Southwest border. Two thousand nine hundred and forty-two
of these children are under the age of 12 years old and 26,850 are aged 13-17 years old. Although the
current president has not declared it a national emergency, other politicians declare it is a humanitarian
crisis and is a fluid situation. By the time this manual goes to print, the processing of these children may
have already changed from what it is at the time of this writing.

The Massachusetts Office for Refugees and Immigrants (MORI) and Massachusetts Department of
Children and Family (DCF) jointly administer the Unaccompanied Refugee Minors Program (URMP). This
program establishes legal responsibility under State law, to ensure that eligible unaccompanied youth
receive the full range of assistance, care, and services which are available to all foster children in the State
in a variety of settings: in foster homes, group homes settings, or in other residential settings as
appropriate for each individual child. There are no expansive detention centers to house these children
in Massachusetts.

A wide range of additional services provided include: indirect financial support for housing, food, clothing,
medical care and other necessities; intensive case management by social workers; independent living skills
training; educational supports; English language training; career/college counseling and training; mental
health services; assistance adjusting immigration status; cultural activities; recreational opportunities;
support for social integration; supports for foster families; and cultural and religious preservation.

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Parole status – The distinction between an “admission” and “parole” is significant under immigration
law. Parole in the realm of immigration does not mean the same as it does in criminal law. The Immigration
and Nationality Act (INA) authorizes the Secretary of Homeland Security to exercise discretion to
temporarily allow certain noncitizens to physically enter the United States if they are applying for
admission that are otherwise inadmissible or do not have a legal basis for being admitted to the United
States. This is sometimes called a legal fiction as the person is physically in the United States in a limbo
status. They do not have a way of becoming legal, but they will be allowed to stay indefinitely until the
government decides their reason for parole ceases to exist. DHS only grants parole if the agency
determines that there are urgent humanitarian or significant public benefit reasons for a person to be in
the United States and that person merits a favorable exercise of discretion. Grants of parole are made for

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limited periods of time to accomplish a discrete purpose, and individuals are typically expected to depart
the United States when the authorized period expires.

While individuals who receive a grant of parole are granted entry into the United States, they are not
provided an immigration status nor are they formally “admitted” into the United States for purposes of
immigration law. An admission occurs when an immigration officer allows a noncitizen to enter the United
States with a valid visa issued or another type of issued entry document. The distinction between
admission and parole is significant under immigration law.

Humanitarian parole
● Receiving critical medical treatment in the United States;

● Becoming an organ donor to an individual in the United States;

● Visiting or caring for a sick relative in the United States;

● Attending a funeral or settling the affairs of a deceased relative in the United States; or

● Coming to the United States for protection from targeted or individualized harm.

Advanced parole
● An application for adjustment of status pending;

● An application for asylum or withholding of removal status is pending and applicant intends to
depart temporarily to apply for a U.S. immigrant visa in Canada;

● There is an emergent personal or bona fide reason to travel temporarily abroad; or

● Is a TPS recipient who seeks advance permission to travel abroad.

Deferred Action – While not technically parole, it is a discretionary measure to defer the deportation
of certain illegal immigrants. One of the most well-known Deferred Action is the Deferred Action of
Childhood Arrivals (DACA). The criteria to receive deferred action under DACA are as follows:

● not be over 31 years of age as of June 15, 2012;

● entered the U.S. while under the age of 16;

● have continuously resided in the U.S. from June 15, 2007 to the present;

● entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration
status expired as of June 15, 2012;

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● were physically present in the United States on June 15, 2012, and at the time of making the
request for consideration of deferred action with USCIS;

● are currently in school, have graduated from high school, have obtained a GED, or have been
honorably discharged from the Coast Guard or armed forces;

● have not been convicted of a felony offense, a significant misdemeanor, or more than three
misdemeanors and do not pose a threat to national security or public safety.

Below is a 2023 sampling of immigration paroles:

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USCIS DEFINITIONS
This is a resource only and not required to be memorized!

A
Adoption - See Orphan.

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.

Agricultural Worker - As a nonimmigrant class of admission, an alien coming temporarily to the United
States to perform agricultural labor or services, as defined by the Secretary of Labor.

Alien - Any person not a citizen or national of the United States.

Amerasian Act - Public Law 97-359 (Act of 10/22/82) provides for the immigration to the United States of
certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born
in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982,
and have been fathered by a U.S. citizen.

Amerasian (Vietnam) - Immigrant visas are issued to Amerasians under Public Law 100-202 (Act of
12/22/87), which provides for the admission of aliens born in Vietnam after January 1, 1962, and before
January 1, 1976, if the alien was fathered by a U.S. citizen. Spouses, children, and parents or guardians
may accompany the alien.

Apprehension - The arrest of a removable alien by the Department of Homeland Security. Each
apprehension of the same alien in a fiscal year is counted separately.

Asylee - An alien in the United States or at a port of entry who is found to be unable or unwilling to return
to his or her country of nationality, or to seek the protection of that country because of persecution or a
well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race,
religion, nationality, membership in a particular social group, or political opinion. For persons with no
nationality, the country of nationality is considered to be the country in which the alien last habitually
resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous
presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.

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B
Beneficiaries - Aliens on whose behalf a U.S. citizen, lawful permanent resident, or employer have filed a
petition for such aliens to receive immigration benefits from the U.S. Department of Homeland Security.
Beneficiaries generally receive a lawful status as a result of their relationship to a U.S. citizen, lawful
permanent resident, or U.S. employer.

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.

Border Patrol Sector - Any one of 21 geographic areas into which the United States is divided for the
Department of Homeland Security's Border Patrol activities.

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.

C
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
a hearing before an immigration judge.

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).

Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild,
provided that the child was under 18 years of age at the time that the marriage creating the stepchild
relationship occurred; a legitimated child, provided that the child was legitimated while in the legal
custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of
its relationship with its mother, or to its father if the father has or had a bona fide relationship with the
child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of
the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted
abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is
coming to the United States for adoption by a U.S. citizen.

Country of -

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● Birth: The country in which a person is born.

● Chargeability: The independent country to which an immigrant entering under the preference
system is accredited for purposes of numerical limitations.

● Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or
naturalized and to which that person owes allegiance and by which he or she is entitled to be
protected. Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or
of a person who derived U.S. citizenship.

● (Last) Residence: The country in which an alien habitually resided prior to entering the United
States.

● Nationality: The country of a person's citizenship or country in which the person is deemed a
national.

Crewman - A foreign national serving in a capacity required for normal operations and service on board a
vessel or aircraft. Crewmen are admitted for twenty-nine days, with no extensions. Two categories of
crewmen are defined in the INA: D1, departing from the United States with the vessel or aircraft on which
he arrived or some other vessel or aircraft; and D2, departing from Guam with the vessel on which he
arrived.

Criminal Removal - The deportation, exclusion, or removal of an alien who has 1) been charged under a
section of the Immigration and Nationality Act that requires a criminal conviction and that charge is the
basis for the removal or 2) a criminal conviction noted in the Deportable Alien Control System (DACS) for
a crime that renders the alien removable. An alien with an appropriate criminal conviction is considered
a criminal alien regardless of the section of law under which the alien was removed.

Cuban/Haitian Entrant - Status accorded 1) Cubans who entered illegally or were paroled into the United
States between April 15, 1980, and October 10, 1980, and 2) Haitians who entered illegally or were
paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have
continuously resided in the United States since before January 1, 1982, and who were known to the INS
before that date, may adjust to permanent residence under a provision of the Immigration Control and
Reform Act of 1986.

D
Deferred Inspection - See Parolee.

Departure Under Safeguards - The departure of an illegal alien from the United States which is physically
observed by a Department of Homeland Security official.

Deportable Alien - An alien in and admitted to the United States subject to any grounds of removal
specified in the Immigration and Nationality Act. This includes any alien illegally in the United States,

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regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but
subsequently lost legal status.

Deportation - The formal removal of an alien from the United States when the alien has been found
removable for violating the immigration laws. Deportation is ordered by an immigration judge without
any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were
separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be
subject to removal based on deportability.

Derivative Citizenship - Citizenship conveyed to children through the naturalization of parents or, under
certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain
conditions are met.

Diversity - A category of immigrants replacing the earlier categories for nationals of underrepresented
countries and countries adversely "affected" by the Immigration and Nationality Act Amendments of 1965
(P.L. 89-236). The annual limit on diversity immigration was 40,000 during fiscal years 1992-94, under a
transitional diversity program, and 55,000 beginning in fiscal year 1995, under a permanent diversity
program.

Docket Control - The DHS mechanism for tracking the case status of potentially removable aliens.

E
Employer Sanctions - The employer sanctions provision of the Immigration Reform and Control Act of
1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized
to work in the United States. Violators of the law are subject to a series of civil fines for violations or
criminal penalties when there is a pattern or practice of violations.

Exchange Visitor - An alien coming temporarily to the United States as a participant in a program
approved by the Secretary of State for the purpose of teaching, instructing, or lecturing, studying,
observing, conducting research, consulting, demonstrating special skills, or receiving training.

Exclusion - Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion
was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien
was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of
adjudicating inadmissibility may take place in either an expedited removal process or in removal
proceedings before an immigration judge.

Expedited Removal - The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized
the DHS to quickly remove certain inadmissible aliens from the United States. The authority covers aliens
who are inadmissible because they have no entry documents or because they have used counterfeit,
altered, or otherwise fraudulent or improper documents. The authority covers aliens who arrive in,
attempt to enter, or have entered the United States without having been admitted or paroled by an

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immigration officer at a port-of-entry. The DHS has the authority to order the removal, and the alien is
not referred to an immigration judge except under certain circumstances after an alien makes a claim to
lawful status in the United States or demonstrates a credible fear of persecution if returned to his or her
home country.

F
Fiance(e)s of U.S. Citizen - A nonimmigrant alien coming to the United States to conclude a valid marriage
with a U.S. citizen within ninety days after entry.

Fiscal Year - Currently, the twelve-month period beginning October 1 and ending September 30.
Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective
year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending
June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-
September 1976.

Foreign Government Official - As a nonimmigrant class of admission, an alien coming temporarily to the
United States who has been accredited by a foreign government to function as an ambassador, public
minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or
personal employee of an accredited official, and all above aliens' spouses and unmarried minor (or
dependent) children.

Foreign Information Media Representative - As a nonimmigrant class of admission, an alien coming

temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign
information media and the alien's spouse and unmarried minor (or dependent) children.

Foreign State of Chargeability - The independent country to which an immigrant entering under the
preference system is accredited. No more than 7 percent of the family-sponsored and employment-based
visas may be issued to natives of any one independent country in a fiscal year. No independent country
may receive more than two percent of the family-sponsored and employment-based visas issued. Since
these limits are based on visa issuance rather than entries into the United States, and immigrant visas are
valid for 6 months, there is no total correspondence between these two occurrences. Chargeability is
usually determined by country of birth. Exceptions are made to prevent the separation of family members
when the limitation for the country of birth has been met

G
General Naturalization Provisions - The basic requirements for naturalization that every applicant must
meet, unless a member of a special class. General provisions require an applicant to be at least 18 years
of age and a lawful permanent resident with five years of continuous residence in the United States, have
been physically present in the country for half that period, and have established good moral character for
at least that period.

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Geographic Area of Chargeability - Any one of five regions-Africa, East Asia, Latin America and the
Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe-into which the
world is divided for the initial admission of refugees to the United States. Annual consultations between
the Executive Branch and the Congress determine the ceiling on the number of refugees who can be
admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was
incorporated into the admission ceilings.

H
H-1B Beneficiary - 1) the approved petition associated with a specialty worker admitted on the basis of
professional education, skills, and/or equivalent experience (the H-1B subsection uses this definition); 2)
a specialty worker whose petition to work temporarily in the United States has been approved by the
Department of Homeland Security.

H-1B Petition - An application form used by employers seeking permission for an alien to work temporarily
in the United States. An H-1B petition must be approved by the Department of Homeland Security before
an alien specialty worker is authorized to begin or continue working in the United States. This requirement
is true regardless of whether the alien is residing overseas or within the United States at the time of
application. After a petition is approved, an H-1B worker is said to be a beneficiary.

Hemispheric Ceilings - Statutory limits on immigration to the United States in effect from 1968 to October
1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration
from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from
the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The
Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the
separate hemisphere limits were abolished in favor of a worldwide limit.

I
Immediate Relatives - Certain immigrants who because of their close relationship to U.S. citizens are
exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives
are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens
21 years of age or older.

Immigrant - See Permanent Resident Alien.

Immigration Act of 1990 - Public Law 101-649 (Act of November 29, 1990), increased the limits on lawful
immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary
protected status to aliens of designated countries, revised and established new nonimmigrant admission
categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and
requirements.

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Immigration Judge - An attorney appointed by the Attorney General to act as an administrative judge
within the Executive Office for Immigration Review. They are qualified to conduct specified classes of
proceedings, including removal proceedings.

INA - See Immigration and Nationality Act.

Immigration and Nationality Act - The Act (INA), which, along with other immigration laws, treaties, and
conventions of the United States, relates to the immigration, temporary admission, naturalization, and
removal of aliens.

Immigration Marriage Fraud Amendments of 1986 - Public Law 99-639 (Act of 11/10/86), was passed in
order to deter immigration-related marriage fraud. Its major provision stipulates that aliens deriving their
immigrant status based on a marriage of less than two years are conditional immigrants. To remove their
conditional status the immigrants must apply at a Department of Homeland Security office during the 90-
day period before their second-year anniversary of receiving conditional status. If the aliens cannot show
that the marriage through which the status was obtained was and is a valid one, their conditional
immigrant status may be terminated and they may become deportable.

Immigration Reform and Control Act (IRCA) of 1986 - Public Law 99-603 (Act of 11/6/86), was passed in
order to control and deter illegal immigration to the United States. Its major provisions stipulate
legalization of undocumented aliens who had been continuously unlawfully present since 1982,
legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented
workers, and increased enforcement at U.S. borders.

Inadmissible - An alien seeking admission at a port of entry who does not meet the criteria in the INA for
admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to
withdraw his or her application for admission. Industrial Trainee - See Temporary Worker.

International Representative - As a nonimmigrant class of admission, an alien coming temporarily to the

United States as a principal or other accredited representative of a foreign government (whether officially
recognized or not recognized by the United States) to an international organization, an international
organization officer or employee, and all above aliens' spouses and unmarried minor (or dependent)
children.

Intracompany Transferee - An alien, employed for at least one continuous year out of the last three by
an international firm or corporation, who seeks to enter the United States temporarily in order to continue
to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial,
executive, or involves specialized knowledge, and the alien's spouse and minor unmarried children.

IRCA - See Immigration Reform and Control Act of 1986.

Irish Peace Process Cultural and Training Program Act of 1998 - Amended the INA to establish new
nonimmigrant classes (Q2 and Q3) to allow temporary admission to young people (and their spouses and
minor children) of disadvantaged areas in Northern Ireland and certain counties of the Republic of Ireland

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for the purpose of developing job skills and conflict resolution abilities, so that those young people can
return to their homes better able to contribute toward economic regeneration and the Irish peace
process. Period of temporary admission not to exceed 36 months; program repealed, effective October 1,
2005.

J
K
L
Labor Certification - Requirement for U.S. employers seeking to employ certain persons whose
immigration to the United States is based on job skills or nonimmigrant temporary workers coming to
perform services for which qualified authorized workers are unavailable in the United States. Labor
certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the
numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect
of the alien's employment on the wages and working conditions of U.S. workers similarly employed.
Determination of labor availability in the United States is made at the time of a visa application and at the
location where the applicant wishes to work.

Legal Immigration Family Equity (LIFE) Act of 2000 - Public Law 106-553 (Act of 12/21/2000) temporarily
reinstated Section 245(i) of the INA to allow persons who were qualified for permanent resident status
but had immigration status violations to pay a penalty fee and apply for adjustment of status at an INS
office; these persons were required to have been beneficiaries of an immigrant petition or labor
certification filed no later than April 30, 2001. Application for adjustment of status was also allowed for
certain persons who had filed for class membership in one of three lawsuits challenging the
implementation of IRCA legalization by INS. The Act also created nonimmigrant classes of admission
allowing entry of spouses and children (and dependent children of spouses and children) of U.S. citizens
and permanent resident aliens who had had petitions for immigrant visas pending for three years or more;
adjustment to permanent resident status is afforded when the immigrant visa has been approved.

Legalization Dependents - A maximum of 55,000 visas were issued to spouses and children of aliens
legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years
1992-94.

Legalized Aliens - Certain illegal aliens who were eligible to apply for temporary resident status under the
legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have
continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable,
and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors
before January 1, 1982, with their authorized stay expired before that date or with the Government's
knowledge of their unlawful status before that date. Legalization consists of two stages-temporary and

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then permanent residency. In order to adjust to permanent status aliens must have had continuous
residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal
understanding and knowledge of the English language and U.S. history and government.

M
Medical and Legal Parolee - See Parolee.

Metropolitan Statistical Areas (MSAs) - MSAs consist of a core area with a large population and adjacent
communities having a high degree of social and economic integration with the core. They are defined by
the U.S. Office of Management and Budget (OMB). MSAs are generally counties (cities and towns in New
England) containing at least one city or urbanized area with a population of at least 50,000 and a total
metropolitan population of at least 100,000 (75,000 in New England). MSAs of one million or more
population may be recognized as Consolidated Metropolitan Statistical Areas (CMSAs). Primary
Metropolitan Statistical Areas (PSMAs) are component areas within MSAs. New England County
Metropolitan Areas (NECMAs) are the county based metropolitan alternative of the New England states
for the city and town based MSAs and CMSAs.

Migrant - A person who leaves his/her country of origin to seek residence in another country.

N
NACARA - Nicaraguan Adjustment and Central American Relief Act, Public Law 105-100 (Act of 11/19/97).
Pertains to certain Central American and other aliens who were long-term illegal residents in the United
States when hardship relief rules were made more stringent by the Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA). Provisions: 1) allowed approximately 150,000 Nicaraguans and
5,000 Cubans adjustment to permanent resident status without having to make any hardship showing; 2)
allowed approximately 200,000 Salvadorans and 50,000 Guatemalans as well as certain aliens from the
former Soviet Union to seek hardship relief under more lenient hardship rules than existed prior to IIRIRA
amendments.

National - A person owing permanent allegiance to a state.

NATO Official - As a nonimmigrant class of admission, an alien coming temporarily to the United States
as a member of the armed forces or as a civilian employed by the armed forces on assignment with a
foreign government signatory to NATO (North Atlantic Treaty Organization), and the alien's spouse and
unmarried minor (or dependent) children.

Naturalization - The conferring, by any means, of citizenship upon a person after birth.

Naturalization Application - The form used by a lawful permanent resident to apply for U.S. citizenship.
The application is filed with the Department of Homeland Security at the Service Center with jurisdiction
over the applicant's place of residence.

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Nonimmigrant - An alien who seeks temporary entry to the United States for a specific purpose. The alien
must have a permanent residence abroad (for most classes of admission) and qualify for the
nonimmigrant classification sought. The nonimmigrant classifications include: foreign government
officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders
and investors, students, international representatives, temporary workers and trainees, representatives
of foreign information media, exchange visitors, fiancé(e)s of U.S. citizens, intracompany transferees,
NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined
by spouses and unmarried minor (or dependent) children.

Nonpreference Category - Nonpreference visas were available to qualified applicants not entitled to a
visa under the preferences until the category was eliminated by the Immigration Act of 1990.
Nonpreference visas for persons not entitled to the other preferences had not been available since
September 1978 because of high demand in the preference categories. An additional 5,000 nonpreference
visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform
and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued
each year. Aliens born in countries from which immigration was adversely affected by the Immigration
and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special nonpreference
visas.

North American Free-Trade Agreement (NAFTA) - Public Law 103-182 (Act of 12/8/93), superseded the
United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading
relationship between the United States and Canada (see United States-Canada Free-Trade Agreement),
and establishes a similar relationship with Mexico.

Notice to Appear - the document issued by DHS (ICE or CBP) that establishes removability of a noncitizen.
This document is issued by DHS and then sent to the immigration court for removal proceedings to begin.

Numerical Limit, Exempt from - Those aliens accorded lawful permanent residence who are exempt from
the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt
categories include immediate relatives of U.S. citizens, refugees, asylees (limited to 10,000 per year by
section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization
provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former
Soviet Union and Indochina.

Nursing Relief Act of 1989 - Public Law 101-238 (Act of 12/18/89), provides for the adjustment to
permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant
status as registered nurses; who had been employed in that capacity for at least 3 years; and whose
continued nursing employment meets certain labor certification requirements.

Nursing Relief for Disadvantaged Areas Act of 1999 - Public Law 106-95 (Act of 11/12/1999), enacted as
a short-term solution for nursing shortages in a limited number of medically underserved areas.
Established a new nonimmigrant class of admission (H-1C) for temporary admission of 500 nurses annually
for 4 years in health professional shortage areas. Sets forth admission requirements, including a maximum

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3-year stay. Petitioning hospitals have to be in shortage areas defined by the Department of Health and
Human Services, have at least 190 acute care beds, and have specified percentages of Medicare and
Medicaid patients. Subject to fewer restrictions than the previous, expired H-1A provisions.

O
Occupation - For an alien entering the United States or adjusting without a labor certification, occupation
refers to the employment held in the country of last lawful residence or in the United States. For an alien
with a labor certification, occupation is the employment for which certification has been issued.

Orphan - For immigration purposes, a child whose parents have died or disappeared, or who has been
abandoned or otherwise separated from both parents. An orphan may also be a child whose sole or
surviving parent is incapable of providing that child with proper care and who has, in writing, irrevocably
released the child for emigration and adoption. To qualify as an immediate relative, the orphan must be
under the age of sixteen at the time a petition is filed on his or her behalf. To enter the United States, an
orphan must have been adopted abroad by a U.S. citizen (and spouse, if married) or be coming to the
United States for adoption by a citizen.

P
Panama Canal Act Immigrants - Three categories of special immigrants established by Public Law 96-70
(Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government,
their spouses and accompanying children; 2) certain former employees of the U.S. Government in the
Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former
employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and
children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than
5,000 each year.

Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the
United States for urgent humanitarian reasons or when that alien's entry is determined to be for
significant public benefit. Parole does not constitute a formal admission to the United States and confers
temporary status only, requiring parolees to leave when the conditions supporting their parole cease to
exist. Types of parolees include:

1. Deferred inspection: authorized at the port upon alien's arrival; may be conferred by an
immigration inspector when aliens appear at a port of entry with documentation, but after
preliminary examination, some question remains about their admissibility which can best be
answered at their point of destination.

2. Advance parole: authorized at an DHS District office in advance of alien's arrival; may be issued
to aliens residing in the United States in other than lawful permanent resident status who have
an unexpected need to travel and return, and whose conditions of stay do not otherwise allow
for readmission to the United States if they depart.

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3. Port-of-entry parole: authorized at the port upon alien's arrival; applies to a wide variety of
situations and is used at the discretion of the supervisory immigration inspector, usually to allow
short periods of entry. Examples include allowing aliens who could not be issued the necessary
documentation within the required time period, or who were otherwise inadmissible, to attend a
funeral and permitting the entry of emergency workers, such as firefighters, to assist with an
emergency.

4. Humanitarian parole: authorized at DHS headquarters for "urgent humanitarian reasons"

specified in the law. It is used in cases of medical emergencies and comparable situations.

5. Public interest parole: authorized at DHS headquarters for "significant public benefit" specified in
the law. It is generally used for aliens who enter to take part in legal proceedings.

6. Overseas parole: authorized at and DHS District or sub office while the alien is still overseas;
designed to constitute long-term admission to the United States. In recent years, most of the
aliens the DHS has processed through overseas parole have arrived under special legislation or
international migration agreements.

Per-Country Limit - The maximum number of family-sponsored and employment-based preference visas
that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year
depending on the total number of family-sponsored and employment-based visas available. No more than
7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more
than 2 percent may be issued to any one dependency of any independent country. The per-country limit
does not indicate, however, that a country is entitled to the maximum number of visas each year, just that
it cannot receive more than that number. Because of the combined workings of the preference system
and per-country limits, most countries do not reach this level of visa issuance.

Permanent Resident Alien - An alien admitted to the United States as a lawful permanent resident.
Permanent residents are also commonly referred to as immigrants; however, the Immigration and
Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally
admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered
the United States without inspection, for example, would be strictly defined as an immigrant under the
INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege
of residing permanently in the United States. They may be issued immigrant visas by the Department of
State overseas or adjusted to permanent resident status by the Department of Homeland Security in the
United States.

Pleadings – Oral or written pleadings are a declaration made by the Respondent in removal proceedings
whereby the Respondent accepts or rejects removability charges.

Port of Entry - Any location in the United States or its territories that is designated as a point of entry for
aliens and U.S. citizens. All district and files control offices are also considered ports, since they become
locations of entry for aliens adjusting to immigrant status.

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Pre-Inspection - Complete immigration inspection of airport passengers before departure from a foreign
country. No further immigration inspection is required upon arrival in the United States other than
submission of Form I-94 for nonimmigrant aliens.

Preference System (prior to fiscal year 1992) - The six categories among which 270,000 immigrant visa
numbers were distributed each year during the period 1981-91. This preference system was amended by
the Immigration Act of 1990, effective fiscal year 1992. (see Preference System-Immigration Act of 1990).
The six categories were: 1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20
percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent
residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences
and arts (10 percent); 4) married sons and daughters of U.S. citizens (10 percent); 5) brothers and sisters
of U.S. citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent).
A nonpreference category, historically open to immigrants not entitled to a visa number under one of the
six preferences just listed, had no numbers available beginning in September 1978.

Preference System (Immigration Act of 1990) - The nine categories since fiscal year 1992 among which
the family-sponsored and employment-based immigrant preference visas are distributed. The family-
sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and
unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S.
citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority
workers (persons of extraordinary ability, outstanding professors and researchers, and certain
multinational executives and managers); 2) professionals with advanced degrees or aliens with
exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled
workers; 4) special immigrants; and 5) employment creation immigrants (investors).

Principal Alien - The alien who applies for immigrant status and from whom another alien may derive
lawful status under immigration law or regulations (usually spouses and minor unmarried children).

R
Refugee - Any person who is outside his or her country of nationality who is unable or unwilling to return
to that country because of persecution or a well-founded fear of persecution. Persecution or the fear
thereof must be based on the alien's race, religion, nationality, membership in a particular social group,
or political opinion. People with no nationality must generally be outside their country of last habitual
residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the
President in consultation with Congress and are eligible to adjust to lawful permanent resident status
after one year of continuous presence in the United States.

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Refugee Approvals - The number of refugees approved for admission to the United States during a fiscal
year. Department of Homeland Security officers in overseas offices make refugee approvals.

Refugee Arrivals - The number of refugees the Department of Homeland Security initially admits to the
United States through ports of entry during a fiscal year.

Refugee Authorized Admissions - The maximum number of refugees allowed to enter the United States
in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines
the annual figure after consultations with Congress.

Refugee-Parolee - A qualified applicant for conditional entry, between February 1970 and April 1980,
whose application for admission to the United States could not be approved because of inadequate
numbers of seventh preference visas. As a result, the applicant was paroled into the United States under
the parole authority granted the Attorney General.

Registry Date - Aliens who have continuously resided in the United States since January 1, 1972, are of
good moral character, and are not inadmissible, are eligible to adjust to lawful permanent resident status
under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date,
aliens had to have been in the country continuously since June 30, 1948, to qualify.

Removal - The expulsion of an alien from the United States. This expulsion may be based on grounds of
inadmissibility or deportability.

Required Departure - See Voluntary Departure.

Resettlement - Permanent relocation of refugees in a place outside their country of origin to allow them
to establish residence and become productive members of society there. Refugee resettlement is
accomplished with the direct assistance of private voluntary agencies working with the Department of
Health and Human Services Office of Refugee Resettlement.

Respondent – The term used in removal proceedings when referring to the noncitizen.

Ruling – The immigration judge’s decision on matters before the immigration court

S
Safe Haven - Temporary refuge given to migrants who have fled their countries of origin to seek
protection or relief from persecution or other hardships, until they can return to their countries safely or,
if necessary until they can obtain permanent relief from the conditions they fled.

Service Centers - Five offices established to handle the filing, data entry, and adjudication of certain
applications for immigration services and benefits. The applications are mailed to DHS Service Centers-
Service Centers are not staffed to receive walk-in applications or questions.

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Special Agricultural Workers (SAW) - Aliens who performed labor in perishable agricultural commodities
for a specified period of time and were admitted for temporary and then permanent residence under a
provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least
90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status.
Eligible aliens who qualified under this requirement but applied after the 350,000 limit was met and aliens
who performed labor in perishable agricultural commodities for at least 90 days during the year ending
May 1, 1986 were eligible for Group II temporary resident status. Adjustment to permanent resident
status is essentially automatic for both groups; however, aliens in Group I were eligible on December 1,
1989 and those in Group II were eligible one year later on December 1, 1990.

Special Immigrants - Certain categories of immigrants who were exempt from numerical limitation before
fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in
1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed
forces; ministers of religion and other religious workers, their spouses and children; certain employees
and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act
immigrants; certain foreign medical school graduates, their spouses and children; certain retired
employees of international organizations, their spouses and children; juvenile court dependents; and
certain aliens serving in the U.S. Armed Forces, their spouses and children.

Special Naturalization Provisions - Provisions covering special classes of persons whom may be
naturalized even though they do not meet all the general requirements for naturalization. Such special
provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful
permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who
served in the armed forces to file his or her naturalization application in any district instead of where
he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain
requirements or taking the oath, if too young to understand the meaning. Other classes of persons who
may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of
organizations promoting U.S. interests abroad.

Stateless - Having no nationality.

Stowaway - An alien coming to the United States surreptitiously on an airplane or vessel without lawful
status of admission. Such an alien is subject to denial of formal admission and return to the point of
embarkation by the transportation carrier.

Student - As a nonimmigrant class of admission, an alien coming temporarily to the United States to
pursue a full course of study in an approved program in either an academic (college, university, seminary,
conservatory, academic high school, elementary school, other institution, or language training program)
or a vocational or other recognized nonacademic institution.

Subject to the Numerical Limit - Categories of lawful immigrants subject to annual limits under the
provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest
categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.

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Temporary Protected Status (TPS) - Establishes a legislative basis for allowing a group of persons
temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney
General may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in
that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster.
Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the
situation. Removal proceedings are suspended against aliens while they are in Temporary Protected
Status.

Temporary Resident - See Nonimmigrant.

Temporary Worker - An alien coming to the United States to work for a temporary period of time. The
Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation,
revised existing classes and created new classes of nonimmigrant admission. Nonimmigrant temporary
worker classes of admission are as follows:

1. H-1A-registered nurses (valid from 10/1/1990 through 9/30/1995);

2. H-1B-workers with "specialty occupations" admitted on the basis of professional education, skills,
and/or equivalent experience;

3. H-1C-registered nurses to work in areas with a shortage of health professionals under the Nursing
Relief for Disadvantaged Areas Act of 1999;

4. H-2A-temporary agricultural workers coming to the United States to perform agricultural services
or labor of a temporary or seasonal nature when authorized workers are unavailable in the United
States;

5. H-2B-temporary non-agricultural workers coming to the United States to perform temporary

services or labor if unemployed persons capable of performing the service or labor cannot be
found in the United States;

6. H-3-aliens coming temporarily to the United States as trainees, other than to receive graduate
medical education or training;

7. O-1, O-2, O-3-temporary workers with extraordinary ability or achievement in the sciences, arts,
education, business, or athletics; those entering solely for the purpose of accompanying and
assisting such workers; and their spouses and children;

8. P-1, P-2, P-3, P-4-athletes and entertainers at an internationally recognized level of performance;
artists and entertainers under a reciprocal exchange program; artists and entertainers under a
program that is "culturally unique"; and their spouses and children;

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9. Q-1, Q-2, Q-3-participants in international cultural exchange programs; participants in the Irish
Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process
participants;

10. R-1, R-2-temporary workers to perform work in religious occupations and their spouses and
children.

See other sections of this Glossary for definitions of Exchange Visitor, Intracompany Transferee, and U.S.-
Canada or North American Free-Trade Agreement classes of nonimmigrant admission.

Transit Alien - An alien in immediate and continuous transit through the United States, with or without a
visa, including, 1) aliens who qualify as persons entitled to pass in transit to and from the United Nations
Headquarters District and foreign countries and 2) foreign government officials and their spouses and
unmarried minor (or dependent) children in transit.

Transition Quarter - The three-month period-July 1 through September 30, 1976-between fiscal year
1976 and fiscal year 1977. At that time, the fiscal year definition shifted from July 1-June 30 to October 1-
September 30.

Transit Without Visa (TWOV) - A transit alien traveling without a nonimmigrant visa under section 233 of
the INA. An alien admitted under agreements with a transportation line, which guarantees his immediate
and continuous passage to a foreign destination. The TWOV program was suspended on August 2, 2003
based on credible intelligence concerning a specific threat of exploitation of the TWOV program by
terrorist organizations. (See Transit Alien.)

Treaty Trader or Investor - As a nonimmigrant class of admission, an alien coming to the United States,
under the provisions of a treaty of commerce and navigation between the United States and the foreign
state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which
he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children.

U
Underrepresented Countries, Natives of - The Immigration Amendments of 1988, Public Law 101-658
(Act of 11/5/88) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of
fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than
25 percent of the maximum allowed under the country limitations (20,000 for independent countries and
5,000 for dependencies) in fiscal year 1988. (See Diversity.)

United States-Canada Free-Trade Agreement - Public Law 100-449 (Act of 9/28/88) established a special,
reciprocal trading relationship between the United States and Canada. It provided two new classes of
nonimmigrant admission for temporary visitors to the United States-Canadian citizen business persons
and their spouses and unmarried minor children. Entry is facilitated for visitors seeking classification as

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visitors for business, treaty traders or investors, intracompany transferees, or other business people
engaging in activities at a professional level. Such visitors are not required to obtain nonimmigrant visas,
prior petitions, labor certifications, or prior approval but must satisfy the inspecting officer they are
seeking entry to engage in activities at a professional level and that they are so qualified. The United
States-Canada Free-Trade Agreement was superseded by the North American Free-Trade Agreement
(NAFTA) as of 1/1/94.

V
Victims of Trafficking and Violence Protection Act of 2000 - Public Law 106-386 (Act of 10/28/2000),
enacted to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude,
and to reauthorize certain Federal programs to prevent violence against immigrant women and children.
Created nonimmigrant classes of admission allowing temporary status to individuals (and spouses,
children, and parents) in the United States who are or have been victims of a severe form of trafficking or
who have suffered substantial physical or mental abuse as victims of criminal activity. Afforded the same
immigrant benefits as refugees, with allowance for adjustment to permanent resident status.

Visa Waiver Program - Allows citizens of certain selected countries, traveling temporarily to the United
States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter
the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The
program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under
the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to
15 days without first having to obtain nonimmigrant visitor visas. The Visa Waiver Program was made
permanent in 2000.

Voluntary Departure - The departure of an alien from the United States without an order of removal. The
departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed
to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-
entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several
forms of relief from deportation.

W
Withdrawal - An arriving alien's voluntary retraction of an application for admission to the United States
in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not
included in nonimmigrant admission data.

X-Z

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ONLINE RESOURCES
Undocumented population interactive map:
https://www.migrationpolicy.org/programs/data-hub/charts/unauthorized-immigrant-populations-country-and-region-top-
state-and-county

Handbook for Interpreters in Asylum Procedures (UNHCR):

https://www.unhcr.org/dach/wp-content/uploads/sites/27/2017/09/AUT_Handbook-Asylum-Interpreting_en.pdf

All Immigration forms:

https://www.uscis.gov/forms/all-forms

Federal Court interpreter instructional video (For Yana’s review)

https://www.youtube.com/watch?v=JawVinVsNIE&list=PL4bcxoLSIaXfPvX9FXws4S6XirPhUObBQ

Federal Courts Webpage (interpreters)

https://www.uscourts.gov/services-forms/federal-court-interpreters/federal-court-interpreter-certification-examination

BIBLIOGRAPHY
Interactive timeline: https://www.kqed.org/lowdown/7383/u-s-immigration-policy-timeline-a-long-
history-of-dealing-with-newcomers VISUAL

Excellent timeline to present: https://www.infoplease.com/us/immigration-legislation

Immigration statistics: https://www.ilctr.org/quick-us-immigration-

statistics/?gclid=CjwKCAiA6aSABhApEiwA6Cbm_zOLjozS24Xi8WifMRt-
phBZx3upswh3uLaGEwAtbOx4Un4R1Y6vfBoCy5IQAvD_BwE

Official USCIS website in Spanish: https://www.uscis.gov/es/leyes-y-politicas

Unaccompanied minor children in Massachusetts: https://www.mass.gov/service-

details/unaccompanied-refugee-minors-program

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GLOSSARY OF IMMIGRATION TERMS

ENGLISH TARGET LANGUAGE

A-Number/Alien Registration Number/Alien Number

(A-Number or A#)

Abused alien

Abroad

Accommodate

Accredited Representative

Acquired citizenship

Additional documents

Address

Adjourn/Adjournment

Adjudicate/Adjudication

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Adjustment of status

Administratively closed

Admissibility

Admission Number or I-94 Number

Adopted decision

Affirmative Asylum application

Advance Parole

Advisal of Rights

Affidavit

Affidavit of Support

Aggregate term of imprisonment

Agricultural worker

Alien

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Alternative Order of Removal

Amerasian (Vietnam)

Applicant

Application Support Center

Apprehension

Approval

Arranged Marriage

Arrival date

Arrival-Departure Record (Form I-94/I-94A)

Attorney of record

Au Pair Program

Authorized Provider

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Bar (not permitted to reenter U.S. after departure)

Battered child

Battered spouse

Beneficiary

BIA

Biometrics

Board of Immigration Appeals (BIA)

Bond

Bond proceedings

Border crossing

Burden of proof

Cancellation of Removal (42B)

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Cap-Gap Extension

Caravan

CBP (U.S. Customs and Boarder Protection)

Certificate of Citizenship

Certificate of Eligibility for Exchange Visitor (J-1)

Status (Form DS-2019)

Certificate of Eligibility for Nonimmigrant (F-1)

Student Status (Form I-20)

Certificate of Naturalization

Certificate of Translation

CFR (Code of Federal Regulations)

Change of Venue

Charging document (Notice to Appear) See also:

Notice to Appear

Child

Circuit Court of Appeals

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Civil Surgeon

Clear, convincing, and unequivocal evidence

Clear Probability

Clearly and beyond a doubt

Code of Federal Regulations

Common law marriage

Conditional Resident

Continuous physical presence

Continuous presence

Conviction

Country of Chargeability

Court Clerk

Coyote

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Credible fear review

Crewman

Criminal Alien

Criminal Record

Cuban/Haitian Entrant

Custody Redetermination Hearing

Cut-off Date

DACA (Deferred Action for Childhood Arrivals)

Declaration under penalty of perjury

Defensive Asylum

Deferred action

Deferred Action for Childhood Arrivals (DACA)

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Deferred Enforced Departure (DED)

Denial

Department of Homeland Security (DHS)

Department of Justice (DOJ)

Deportability

Deportation

Derivative

Designated School Official (DSO)

Department of Homeland Security (DHS)

Detention

Disaster Relief

Discretionary relief

Discrimination

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Diversity

Do you swear….

Docket control

Domestic worker

Duration of Status (D/S)

E-Verify

Employee

Employer

Employer sanctions

Employment Authorization Document (EAD) See

also: Work permit

Enter without inspection (EWI)

Equal Employment Opportunity Commission (EEOC)

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Evidence

Exchange visitor

Executive Order

Executive Office for Immigration Review (EOIR)

Exceptional and extremely unusual hardship

Excludable

Expedited hearing

Factual allegations

F-1 Nonimmigrant Student

False statement

Female Genital Mutilation or Cutting (FGM/C)

Field office

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File (as in submit or apply for)

File (as in physical file)

Finding (decision)

Firmly resettled

Fiscal year

Forced Marriage

Foreign government official

Foreign National

Foreign Student

Freedom of Information Act (FOIA)

Frivolous asylum application

Government attorney (trial attorney)

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Green Card (LPR)

Good moral character

H
Hardship:
*Extreme
*Exceptional and extremely unusual hardship

Hire

Human Trafficking

Humanitarian Parole

I-20 Certificate of Eligibility for Non-immigrant

student

I-94 Entry Permit

Immediate Relative

Immigration and Nationality Act (INA)

Immigration Court

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Immigration Judge

Immigration Reform and Control Act of 1986 (IRCA)

Immigration Scams

Order of Removal in Absentia

In proceedings See also: Proceedings

Inadmissible

Initial Denial

Inspection

Inspected and admitted

Jurisdiction

L-1 Nonimmigrant Classification

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Labor certification

Last name (surname)

Lawful Permanent Resident (LPR)

Lawfully admitted

Legalization dependents

Legalized aliens

Legitimated

Lottery

Maiden name

Mailing Address

Master calendar hearing

Medical waiver

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Merits Hearing or Individual Hearing

Middle initial

Migrant

Miranda Rights

Moral turpitude

Motions** to:
Dismiss, Terminate, Administratively Close, Dismiss,
Change Venue, Accept Late Filing, Continue, for
Bond, etc.

**Motions are either Granted or Denied

Naturalization

Naturalization Certificate

Nonimmigrant

Noncitizen

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Non-preference category

Notary Public

Notice of Referral

Notice to Appear (NTA) (charging document)

Numerical limit, exempt from

Occupation

Orphan

Out of wedlock

Own Recognizance

Panel Physician

Parole

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Parolee

Per country limit

Permanent resident (LPR)

Permanent Resident Card (Form I-551) (LPR)

Petitioner

Physical Address

Port of entry

Practitioner (attorney)

Pre-inspection

Precedent decision

Preference System (Immigration Act of 1990)

Prima facie eligibility

Principal alien

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Principal Designated School Official (PDSO)

Priority Date

Pro Bono Program

Proceedings or Removal Proceedings

Processing Times

Prosecutorial discretion

Provisional waiver of Unlawful Presence

Public Assistance

Public Charge

Qualified Representative

Qualifying family member

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Record

Records check

Re-entry Permit

Receipt Number

Recognized Organization

Record of proceedings

Reentry permit

Reinstate… (some kind of immigration status)

Referral Date Confirmation

Refugee status

Refugee approvals

Refugee Travel Document

Refugee-parolee

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Registry date

Regulations

Reject (as compared to denial)

Remand

Removal proceedings

Remuneration

Request for Evidence (RFE)

Resettlement

Resident alien

Respondent

Responsible Officer (RO) or Alternate Responsible

Officer (ARO)

Returning resident

Rider (in removal proceedings)

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ROP Record of Proceedings

Rule (verb), Ruling (noun)

Safe haven

Scam

Service centers

SEVIS (Student and Exchange Visitor Information

System)

Significant possibility

Smuggler

Special agricultural workers (SAW)

Special Immigrant Juveniles Status (SIJ)

Special immigrants

Special naturalization provisions

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Special Situations

Special Student Relief

Specialty Occupation

Sponsor

Standard of Proof

State Department

Stateless

Status:
In status, out of (nonimmigrant) status

Stowaway

Student and Exchange Visitor Information System

(SEVIS)

Student and Exchange Visitor Information System

(SEVIS) ID number

Student and Exchange Visitor Program (SEVP)

Subject to numerical limit

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To submit, to file

Superseding charging document

Supplemental asylum application

Surrender for removal

Swearing-in ceremony

Temporary restraining order

T Nonimmigrant Status (T Visa)

Temporary protected status (TPS)

Temporary resident

Temporary worker

Tentative Non-confirmation (TNC)

Termination order

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Transcript of testimony, proceedings, etc.

Transit alien

Transit without visa

Travel Documents

Treasury police

Trial Attorney

U Nonimmigrant Status (U Visa)

Undocumented

U.S. Citizenship and Immigration Services (USCIS)

U.S. Customs and Border Protection (CBP)

U.S. Immigration and Customs Enforcement (ICE)

Unauthorized practice of immigration law

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United States - Canada Free-Trade

USCIS

USCIS Fee

Vacated

Visa

Visa Bulletin

Visa Lottery

Visa Retrogression

Visa Waiver Program

Voluntary departure

Waiver

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Waiver of Inadmissibility

Well-founded fear of persecution

Willful misrepresentation of a material fact

Withdrawal of an application or petition

Withholding of Deportation

Withholding of Removal

Work history

Work permit See also: Employment Authorization

Document (EAD)

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ROLE-PLAYS

ROLE PLAY #1
EOIR – VOLUNTARY DEPARTURE

Initial hearing with attorney or representative (abbreviated)

Note: When role playing, do not interpret the words in [italics] since they are not required to be
interpreted by the court in immigration court.

Situation: The respondent is a 37-year-old man from Haiti who came here two years ago on a B-2 visitor
visa, but overstayed the time permitted. He already went before the Immigration Judge where his
identity, address, country of origin and deportability charges were established. For this hearing, asking
for voluntary departure as a remedy from deportation. Please note this is a simulation only.

IJ to respondent: What language do you speak and understand best?

Respondent: I only speak Haitian Creole. I understand a little English, but I can’t really speak it.

IJ: These proceedings will be interpreted today in the Haitian Creole language.

You indicated at a prior hearing that Haitian Creole is the language that you speak and understand best?
Do you want to proceed with this hearing in [target language]?

Respondent: Yes, I only understand Haitian Creole.

IJ: This is a continued hearing before Judge Robert Smith on December 14, 2020, in the matter of
Carlota Jean, case number A233 848 082.

This case has been reassigned to me, and I want to assure the parties and state for the record, that I
have familiarized myself with the record in this case as required by regulation.

The respondent is present in court and represented.

[Counsel, please state your appearance for the record.]

Attorney: [My name is Ruby Lee and I represent the respondent in these proceedings.]

IJ to respondent: Can you hear the interpreter clearly through the headphones? Do you understand
the interpreter? If at any time, you have difficulty understanding the interpreter, please let me know
immediately.

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IJ to Interpreter: [Do you swear affirm that you are competent to translate from English to [target
language] and from [target language] to English, and that you will do so accurately and completely?]

Interpreter: [Yes, your Honor, I do.]

IJ to respondent: Please stand and raise your right hand. Do you swear that the testimony you will
provide in these proceedings will be the truth, the whole truth, and nothing but the truth, so help you
God?

Please state your name for the record.

Respondent: Rochelle Anthony Tousignant

IJ to respondent: The purpose of these proceedings is to determine whether or not you should be
allowed to remain in the United States.

The attorney seated next to you has entered an appearance in your case. Do you want him to represent
you in these proceedings?

Respondent: Yes

IJ to respondent: Where do you currently live?

Respondent: 237 Beacon Street, Allston, Massachusetts.

IJ: That is not the address we have on record. Please complete two blue change of address forms and
complete them at this time. Please provide one to the court clerk and the other to the government
attorney. Please take an additional blue change of address form with you. If you move again at any
time during these proceedings, you must complete a change of address form and file it with the court
within five days of moving. Do you understand?

Respondent: Yes, sir.

IJ to attorney: [Counsel, will your client be requesting pre-conclusion voluntary departure?]

Attorney to IJ: [Yes, your honor, that is our intention.]

IJ to respondent: Sir, you have been granted the privilege of voluntarily departing from the United
States. This means that you must leave the United States on or before the date provided to you by this
court. You must also post the $1,000 voluntary departure bond set by the court with the DHS - ICE Field
Office Director within 5 business days of the court’s order granting voluntary departure. Further, you
must follow any additional conditions that the court has set. Knowing this, do you still accept the grant
of voluntary departure?

Respondent: Yes

If you fail to voluntarily depart the United States within the time period specified, a removal order will
automatically be entered against you. You will also be subject to a civil monetary penalty, which cannot

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be set at less than $1,000 or more than $5,000. In accordance with the regulation, the court has set the
presumptive amount at $3,000. You will also be ineligible to receive cancellation of removal,
adjustment of status, registry, voluntary departure, or a change of nonimmigrant status for 10 years.

In addition, if you file a motion to reopen or reconsider during the voluntary departure period, your
grant of voluntary departure is automatically terminated and the alternative order of removal will take
effect immediately, though the penalties for failure to depart will not apply. Do you understand the
consequences of failing to depart voluntarily as you have promised?

Respondent: Yes, your honor.

IJ: You also have a right to appeal the court’s decision to the Board of Immigration Appeals. If you
choose to do so, you must provide proof to the Board within 30 days of filing your appeal that you
posted your voluntary departure bond. The Board will not reinstate the voluntary departure period in
its final order if you do not submit timely proof that you posted the bond. Do you understand?

Respondent: Yes.

IJ to attorney: [How much time does the respondent request?

Attorney: Between 60 – 90 days.]

IJ to attorney: [I will enter to the record a voluntary departure order 90 days from today.]

IJ to respondent: There being nothing further, this matter is concluded. I will provide a copy of my
order to you and your attorney. Thank you.

Court is adjourned

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ROLE PLAY #2.

ICE – IMMIGRATION

Three similar scenarios, with just a little bit of difference. The first one, the person doesn’t know their
rights; in scenarios 2 and 3, they do.

Situation: ICE comes knowing at the door of a woman who doesn’t speak English

Scenario one:
ICE: Knock knock! Open up! Open the door! Knock Knock!

NAOMI: Oh, no! It’s the police! What do I do now? I can’t believe this is happening!

ICE: It’s ICE police. Open the door now! We want to ask you a few questions.

NAOMI: opens the door

ICE: Do you have any papers?

NAOMI: Yes, I do. I can show you my passport and visa. I came here legally. She gets the passport and
visa.

ICE: Well, it appears that you are out of status. You haven’t been legally in the United States since
about eight months ago. Do you have any proof of a current legal immigration status?

NAOMI: That is all I have. I didn’t cross the border illegally.

ICE: Well Ma’am you may have entered legally at one point, but you are not legal now and so we are
going to arrest you.

Scenario Two
A mother with three children is watching T.V. in her house.

ICE: Knock knock! Open up! Open the door! Knock Knock!

SILVIA: Who is it?

ICE: It’s ICE police. Open the door.

SILVIA: Oh no! This is not happening! It’s the police! What do I do?

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ICE: Knock Knock! Open up! Knock Knock! Open the door We only want to ask you a few questions.

SILVIA: Questions about what?

ICE: This is ICE. Open the door.

SILVA: No, I have the right to not let ICE into my house. Speaks through the door to ICE police: I do not
wish to speak with you, answer your questions or sign or hand you any documents. I have the right to
remain silent under the fifth amendment under the United States Constitution.

ICE: We still need to talk to you. We will not violate your 5th Amendment right. Open the door.

SILVIA: No.

ICE: We have a judicial warrant. Open the door so we can show it to you.

SILVA: I am not obligated to allow you into my house because I have a 4th Amendment right to say no
unless you have a warrant to come in and that it is signed by a judge or magistrate and it must have my
name on it. If you don’t have a warrant, you can’t come in. I’m terribly sorry.

ICE: We have a judicial warrant. Just open the door and we will show it to you.

SILVA: Please, pass the warrant under the door or through the window so I can read it.

ICE: We don’t have a warrant and this is ICE! Now… Open. The. Door. Open the door now or you are
going to have problems.

SILVIA: I have the right to not open the door to ICE if you don’t have a court issued warrant or arrest
warrant with my name on it and signed by a federal judge.

ICE: If you don’t open the door, we will come back with a court issued warrant.

SILVIA: That’s fine. When you bring the warrant, I will open the door and prepare coffee and snacks.

ICE: As you wish, we WILL come back in a couple of hours or tomorrow.

Scenario Three
Diego is walking down the street on his way to work and is stopped by ICE

ICE: Good morning.

DIEGO: Good morning.

ICE: Do you have papers? Immigration papers? Do you have papers?

DIEGO: I have the right not to answer your question.

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ICE: Yes, you must answer my questions. You must answer my questions! We are the government. I’m
an ICE agent and I’m with the government.

DIEGO: I have the right not to answer any question.

ICE: OK. By the way you speak it sounds like you are from Mexico. Is that right?

DIEGO: I have the right to not answer any question.

ICE: You are going to have big problems if you don’t answer my questions.

DIEGO: Am I free to leave now?

ICE: You’re lucky this time, amigo but next time you won’t be, I guarantee it.

DIEGO: I’m leaving now.

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ROLE PLAY #3.

EOIR – MASTER CALENDAR

When role playing, do not interpret the words in [italics] since they are not required to be interpreted by
the court in immigration court. “R” means Respondent. This is only a segment of a typical hearing.

Situation: The Respondent is appearing before the Immigration Judge to ask for a remedy from
deportation. She has already admitted to the allegations establishing her deportabilityShe does not
have an attorney and is appearing pro se.

IJ: This is Immigration Judge Tom Robles in deportation proceedings in the Immigration Court in Boston,
Massachusetts. This case is regarding Felippa Mona, File number A833 837 822.

IJ [to Respondent] Ms. Mona, I have the charging document in your name dated February 12, 2021.
You have received a copy of this document and the allegations. Do you admit to these allegations?

R: Yes, your honor.

IJ: Ms. Mona, I will now ask you some questions to determine what forms of relief from removal, if any,
may be available to you.

IJ: Madam, where were your grandparents born?

R: The Philippines and my father’s father was born in China.

IJ: And your parents?

R: They were born in China.

IJ: Are either of your grandparents or parents lawful permanent residents or citizens of the United
States?

R: No. None of them.

IJ: Has anyone ever filed a petition for you?

R: No, but my brother is married to a United States citizen. He has a green card. And I have two
children, both born in the United States. I’ve been here for a long time. I read somewhere that I could
request some kind of cancellation of deportation because I have been here so long and I have children
born here. I’ve never been any trouble with the law and I have always paid taxes. I would like to apply
for that kind of thing if possible. Please, don’t deport me. I’m a good person.

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IJ: The form of relief you are seeking is called Cancellation of Removal. How much time will you need
to prepare your application?

R: Um, I think about a month. I think I should probably find someone to help me with this.

IJ: OK. Your matter has been set for hearing on the merits of your application on October 27, 2021.
Yes, you may have an attorney or qualified representative present for you at that hearing.

At the next hearing, you must bring any witnesses that you intend to present in support of your
application. Please advise the court, in writing at least 30 days in advance of your next court date if an
interpreter is needed for your witness Do you understand?

R: Yes, your honor. Thank you very much.

IJ: You’re welcome. Now, at the hearing, the government attorney will have an opportunity to question
you at the hearing, and challenge any documents or witnesses you may present. The government may
also present witnesses or documents. If that happens, you will have the opportunity to question the
witness or challenge the documents. Do you understand?

R: Yes.

IJ: This court proceeding is now adjourned.

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ROLE PLAY #4
USCIS - MARRIAGE INTERVIEW

When role playing, do not interpret the words in [italics] since they are not required to be interpreted by
the court in immigration court. This is only a segment of a typical marriage interview.

Situation: A young couple are having an interview for permanent residence. The husband, Rafa, is from
Dominican Republic and his wife, Beatriz, is the USC petitioner.

IO: Good morning. I am the immigration officer who will be interviewing you for your permanent
residence. I will be asking you questions regarding your immigration history, and other questions
regarding your life including your present marriage. Do you have an interpreter with you?]

Beatriz: [ Yes. I speak Spanish, but I don’t want to interpret for my husband and my English isn’t so
good.]

IO: [All right the.] [To the interpreter]: Do you swear or affirm that you are competent to interpret
from English to [language] and from [language] to English, and that you will do so accurately and
completely?]

Interpreter: [I swear.]

IO: OK. Let’s begin. When did you first meet your husband?

Beatriz: Let’s see…. I think it was about five years ago.

IO: officer [to husband]: Where did you meet?

Rafa: Um, I think it was at some kind of street party in Dorchester.

Beatriz: Yes, it was the Caribbean Festival they do every year. I was there with my cousin whose
husband works with Rafa. I had seen him before we met, but never spoken with him.

IO: [to Beatriz] Where was your first date?

Beatriz: I really can’t remember that well, but I think we went to a party.

IO: Rafa, did you drive to the party with your now wife?

Rafa: Yes, I picked her up at her house.

IO: When did your relationship turn romantic?

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Rafa: You better answer that, honey, you remember that kind of stuff better than me.

Beatriz: It was in the summer a couple after we first met and we went to a miniature golf place and we
were a team against my cousin and her husband. He showed me how to hold the golf club properly and
when he touched my hand, I felt a shiver and I knew.

Rafa: Yeah, that sounds about right. The next time we went out we went to Revere Beach for food at
Kelly’s and walked along the beach. I kissed her then.

IO: How long did you date before you decided to get married?

Beatriz: We were together for couple of years before he asked me. He took me to a very expensive
restaurant and popped the question. I couldn’t believe it because I knew he wasn’t making much
money.

IO: Rafa, when did you meet her parents?

Rafa: Oh, I don’t remember exactly when. Her father is deceased, but I was nervous when I met her
mother.

IO: Why?

Rafa: Because her mother wasn’t happy with her last boyfriend and didn’t like the idea of her daughter
going out so soon after they broke up.

IO: Rafa, where did your wedding take place?

Rafa: Oh, we had a big wedding. It was in a big hall in Roslindale, near Roslindale Square, but I don’t
know what it’s called. We have photos. Her whole family was there.

IO: And your family?

Rafa: They are all in the DR except my brother. He was the best man.

IO: Ok, now I’m going to ask you Rafa some questions about your personal history. When did you last
enter the United States and where?

Rafa: I entered in December of 2015 to spend Christmas with my brother. I came on a tourist visa.

IO: Why didn’t you leave?

Rafa: Well, my brother just had a baby with his wife and they had to go back to work so I stayed longer
to help them out. I was planning on leaving, and then I met Beatriz at that festival sometime later.

IO: Since you decided to stay, did you work?

Rafa: Well at first, no, but then I got paid to help out at Beatriz’s cousin’s husband’s work. Just cleaning
things up in the shop.

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IO: Do you have pay stubs to show you were working?

Rafa: No, I got paid in cash.

IO: Who takes care of the finances between you two?

Beatriz: Since I know English, I pays the bills. Rafa gives me all his pay except for about $50 to keep for
himself. I manage most of it. We hope to buy a house when we save up enough money.

IO: OK, it looks like everything is in order. You will receive your work permission card in the mail while
your case gets sent up for approval. While your application for permanent residence is pending, if you
leave the country, your application will be forfeited. Do you understand?

Rafa/Beatriz: Yes, we do.

IO: That is all for now. Have a good day.

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ROLE PLAY #5
USCIS – Asylum Interview

ROLE PLAY #5. When role playing, do not interpret the words in [italics] since they are not required to be
interpreted by the court in immigration court. This is only a segment of a typical marriage interview.

Situation: Applicant Harim Gutierrez left Guatemala and seeks asylum in the US. This is during the
middle of the interview

AO: What happened to you in El Salvador?

HG: Bad things. I thought I was going to get killed. That’s why I came here.

AO: Well, tell me why you think you will get killed.

HG: My brother had some friends that were not good people. He got involved with them and then got
arrested by the Treasury Police. They beat him up and told him he had to go to court to testify against
the drug guys. He didn’t have to go to jail, but when he finished at court, some drug guys found him
and killed him, then cut him up.

AO: Did your brother live with you?

HG: No, but we lived near him. I have a wife and three children. The drug guys kill the whole family
when these kinds of things happen. The day after they killed my brother, they came looking for me, but
I was at the market with my family.

AO: How do you know they were looking for you?

HG: Our neighbor saw these scary guys with guns show up at my front door and they were knocking
pretty loud. When we got back they were gone, but our neighbor told us they had come for me.

AO: What did you do then?

HG: My wife freaked out and said I needed to leave as soon as possible. That’s when I decided that it
wasn’t safe for me to stay in El Salvador. It’s a really hard life there.

AO: How did you leave El Salvador

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HG: I had a little money, but I just left walking until I got near the border of Guatemala. I paid a guy so I
could hide in underneath the bananas in his truck. I rode in the truck for hours. Finally, I jumped out
when I thought it was getting near the Mexican border.

AO: How did you get from there to here?

HG: When I was in that city, there were a lot of guys offering to take the US/Mexican border. I think it
was called Tijuana. So, I paid the guy most of my money and he brought me here. We went on foot, by
bus and finally we hid in a car to cross into the United States.

AO: Why didn’t you stay in Mexico or Guatemala and ask for help there?

HG: The Mexicans don’t want us in their country. They treat us bad. And it’s really hard to find work
there. Plus, I’m afraid that the gangs in Mexico know about my brother in El Salvador. They all work
together and know everything that goes on. I’m not like my brother. I have a family and don’t want
any problems.

AO: In order to obtain political asylum in the United States, you must show that you have a well-
founded fear of persecution based on race, religion, social group, political opinion or religion. Do you
fall under any of those groups?

HG: I don’t know, sir.

AO: Well, we will send your application to the State Department for an opinion. You will receive a
notice in the mail when we decide your case. Do you understand?

HG: Yes.

AO: OK, then have a good day.

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ROLE PLAY #6
Attorney consultation

This is only a segment of a typical intake interview.

Situation: Carolina Rivera is consulting with an attorney James Flannagan about her immigration
problem. She has already provided basic info of name, address, etc.

JF: Good afternoon Ms. Rivera. Before we start, who referred you to me today?

CR: Catholic Charities.

JF: OK, Let’s go through your immigration history. When did you first enter the United States?

CR: Oh, I think about 10 years ago.

JF: When was the last time?

CR: About a year ago.

JF: How did you enter?

CR: I came on a visitor visa.

JF: When did your authorized stay expire?

CR: Um, about six months ago.

JF: What problems have brought you here to this office? What do you hope that the advocate can do
about your problem?

CR: Well, I want to stay here and work. There are no jobs where I live and my mother is sick so I need to
earn money.

JF: Have you ever been ordered removed or deported from the United States?

CR: What’s that?

JF: That’s when you go before an immigration judge who orders you to be deported or removed from
the United States.

CR: Oh, no, that’s never happened to me, but when I first arrived at the airport the customs officer
asked me a lot of questions. I got really nervous, but I passed his questions.

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JF: Have you ever had any trouble with the police or been arrested in the U.S.?

CR: Yes, I was arrested once for prostitution… but I was forced into it. I went to court and testified
about how I was coerced into it. I didn’t go to jail but they guy who kidnapped me did. He’s in prison
now.

JF: So how did you come to know this man?

CR: He was in my country and had an office where he advertised to work in the United States for good
pay and that he would take care of getting a visa, airfare and everything. I thought it was a good
opportunity, but when I found his address in New York, he locked me in a room and then forced me to
work as a prostitute. It was horrible.

JF: Do you have the Court Order when you testified against him?

CR: No, but I think I can get it if I go back to the courthouse, right?

JF: Yes. If you retain me as your attorney, you can sign a power of attorney and I will be authorized to
have access to all of your court and medical records. There is a possibility you could qualify for a special
visa since you were a victim of a crime. Now, I am going to give you a list of documents you need to get
for me to make a full assessment on the possibilities of helping you. Please try to get them as soon as
possible.

CR: I will. Thank you very much.

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ROLE PLAY #7
EOIR – SUPPLEMENTAL DOCUMENTS COLLOQUY

“R” means Respondent. This is only a segment of a typical hearing.

--------------------------------------------------------------------------------------------------

IJ: The Respondent is present in court and represented. Counsel, please state your appearance for the
record.

IJ: The interpreter today is John Jones. Can you hear the interpreter clearly through the headphones?

R: Yes, your honor.

If at any time, you have difficulty understanding the interpreter, please let me know immediately.

John Johns is an official interpreter for the Immigration Court who will be providing simultaneous
interpreted into the [language] to English, and that you will do so accurately and completely?

JJ: I will.

IJ: Please stand and raise your right hand. Do you swear that the testimony you will provide in these
proceedings will be the truth, the whole truth and nothing but the truth, so help you God?

JJ: I will.

IJ: The attorney sated next to you has entered an appearance in your case. Do you want him/her to
represent you in these proceedings?

R: Yes.

IJ: Counsel, are you prepared to file the applications for relief at this time?

Counsel: We have filed an EOIR-42 and wish to supplement the application.

IJ: As you know, counsel, any additional applications for relief must be filed in court on August 5, 2021
at 11 am. At that hearing, I will review the supplemental documents and, assuming they are complete
and in compliance with the local rules, will schedule a hearing on the merits. Please have an additional
copy of any document to serve on government counsel. This deadline must be met and if it is not, the
remedy will be deemed abandoned and the respondent shall lose the right to apply for such relief.

Counsel, how much time do you need to supplement the application?

Counsel: Ninety days, your honor.

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IJ: OK, you have 90 days to file supplemental documentation which will be on or before June 10, 2021.
Additionally, if you intend to call additional witnesses, other than the Respondent, I expect you to file a
witness list by the next hearing on August, 5, 2021. The witness list should indicate whether the witness
requires the aid of an interpreter and, if so, the language that will be used.

IJ: Does the government want to see the originals of any documents submitted by the Respondent?

Does the Respondent have the originals in Court?

Counsel: Yes, your honor we have the original documents.

IJ: Does the government want to retain these originals for forensic examination or have the Respondent
bring the documents on the date of the merits hearing?

Does the Respondent’s counsel have any objection to DHS retaining the originals?

Counsel: No, your honor.

Let the record reflect that the originals were retained by government attorney Gifford Fox.

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ROLE PLAY #8.

EOIR – TYPICAL COLLOQUY AT MASTER CALENDAR

Words in [brackets] are to indicate to whom the speaker is addressing.

-------------------------------------------------------------------------------------------------

IJ: This is Immigration Judge Nathaniel Rodriguez in the Immigration Court in Boston, Massachusetts.
This is regarding Octavio Pensicola File #A387 839 109. Could counsel please state your appearances for
the record?

Counsel: Yes, I am attorney Juanita Cabrales, with Gundberg Associates located at83 Devonshire,
Boston, Massachusetts, 02108. My client does not speak or understand English and therefore is
requesting the proceedings be interpreted with a Spanish-speaking interpreter.

IJ: For the record, a Spanish interpreter is provided for these proceedings. Now, do you concede that
the Notice to Appear was properly served?

Counsel: Yes, it was.

IJ: Do you waive the read of the NTA and rights?

Counsel: Your honor, my client concedes to the allegations in the OSC.

IJ: How do you plead?

Counsel: My client is from Guatemala and arrived to the United States without papers on or about
January 15, 2019.

IJ: Are you designating a country of removal.

Counsel: No, your honor, since my client fears for his life if he were to return to his native country.

IJ: What form(s) of relief are you seeking?

Counsel: We intend to apply for political asylum and withholding of deportation. My client was a victim
of violence in Guatemala by individuals associated with the gang activity which the Guatemalan
government is unable or unwilling to control. Several members of his family have been killed and my
client has been threatened.

IJ: When can the application be ready to file?

Counsel: We request 60 days, your honor.

IJ: Let it be entered that Respondent has been give 60 days to file for relief

Counsel: Yes, your honor we have the original documents.

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IJ: Does the government want to retain these originals for forensic examination or have the Respondent
bring the documents on the date of the merits hearing?

Does the Respondent’s counsel have any objection to DHS retaining the originals?

Counsel: No, your honor.

IJ [to government counsel]: Government counsel, are biometrics necessary?

Government counsel: Indeed they are, your honor.

IJ: Please provide respondent with the written instructions regarding the biometric requirements.

Let the record reflect that the government is providing the respondent with the biometrics instruction
form.

[to the Respondent]: Sir, it is essential that you comply with the instructions provided on this form,
whether you do this with assistance of your attorney or not. At least 60 days before the next hearing,
you must have complied with all requirements listed on this form. If you fail to do so, I may deny your
application. Do you understand?

Respondent: Yes, your honor.

IJ [to counsel]: Does Respondent understand the consequences of failing to appear at the hearing?

Counsel: He does, your honor.

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ROLE PLAY #9
EOIR – NOTICE OF RIGHTS

Words in [brackets] are to indicate to whom the speaker is addressing.

--------------------------------------------------------------------------------------------------

IJ: The clerk is providing you with the only written notice you will receive of the next hearing. The clerk
is also providing you with an advisal of your rights.

You must return here on July 29, 2021 at 9 am. Please arrive early. If you do not appear at the next
hearing as ordered, you will be ordered deported and removed from the United States, unless you can
show that you’re absence was caused by exceptional circumstances beyond your control. Exceptional
circumstances are defined as a serious illness or death of an immediate family member.

If you are ordered removed, any applications for relief you may have peding befoe this court will be
deemed abandoned and will be denied. Additionally, you will become ineligible for certain forms of
relief, such as voluntary departure, cancellation [or suspension] of removal, adjustment of status, or
change of status for a period of ten years.

Do you understand everything I have said to you today? Do you have any questions about anything I
have told you today?

Respondent: Yes, your honor, I would like to know what happens if there is a big storm? Do I have to
come then?

IJ: You must appear at the hearing unless the federal offices are closed due to weather. You will then
receive a notice at your current address of the rescheduled hearing. Please remember should you
change address, that you inform this court of your new address.

Anything from government counsel?

Government counsel: No, your honor.

IJ: There being nothing further, this matter is continued to the date and time indicated on the notice
provided to the parties. Thank you.

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MANUAL-Immigration-Interpreter-Training 2.0

Uploaded by

MANUAL-Immigration-Interpreter-Training 2.0

Uploaded by

IMMIGRATION INTERPRETER

Copyright and Permissions Notice

I. Introduction and Core Competencies 4

I. Introduction and Core Competencies

Code of Ethics and Professional Responsibilities (NAJIT)

Impartiality and Conflicts of Interest

Protocol and Demeanor

Maintenance and Improvement of Skills and Knowledge

Accurate Representation of Credentials

II. “From Columbus to Kamala”

A BRIEF HISTORY OF IMMIGRATION IN THE US

Expansion and Civil War 1790-1865

Industrialization and urbanization 1865-1924

● 1891 – the first comprehensive

● 1906 Immigration and Nationality Act

○ But on the bright side…created relief from deportation: suspension of

■ 170,000 – Eastern Hemisphere

● 1966 – Cuban Adjustment Act of 1966

○ Expedited removal proceedings with no formal hearing are established

● Contrasting origins of immigrant groups 1960 versus 2013

Massachusetts statistics on immigration

○ 17% of the Massachusetts population is immigrant (foreign born individuals).

III. “Nothing like bureaucracy”

ORGANIZATIONAL STRUCTURE OF IMMIGRATION

1. Department of Homeland Security (USCIS, CBP, ICE) – immigration benefits and

2. Department of Justice (EOIR, BIA) – judicial branch of immigration.

3. Department of Homeland Security (DHS)

U.S. Department of Homeland Security

● Family and employment-based immigrant visa petitions

● Processing of naturalization applications;

● Change of nonimmigrant status and nonimmigrant work petitions;

● Deciding affirmative asylum cases;

● Issuing employment authorization (EAD).

USCIS ORGANIZATIONAL CHART

Department of Justice (DOJ)

● Board of Immigration Appeals (BIA) – conducts appellate review of immigration judge

● Office of the Chief Administrative Hearing Officer, which adjudicates

IV. “Comin’ to America”

Immigrant and Nonimmigrant visas

KNOW YOUR ABC’s: NONIMMIGRANT STATUS

● Change from one nonimmigrant status to another is authorized by USCIS;

● A nonimmigrant visa applicant is presumed to be an “intending immigrant.” and the

● Willful misrepresentation of a material fact means providing false information on a non-

Nonimmigrant visa categories are named A-V:

● N – Parents/children of “special immigrants”

● What is the definition of an “immigrant” in the United States?

● The unmarried child of a U.S. citizen or legal resident;

● The married child of a U.S. citizen;

● The parent of a U.S. citizen or legal resident;

● The brother or sister of a U.S. citizen;

● The fiancé of a U.S. citizen (under special immigration admission);

● The widow or widower of a U.S. citizen.

● Skilled worker, professional, or other worker;

● Family members of people employed by an international organization or NATO-6;

● Victim of human trafficking or another crime (T or U status);

● Abused spouse, child, or parent of a U.S. citizen, or lawful permanent resident;

● Resided continuously in the U.S. since before January 1, 1972;

● Entered lawfully and maintains nonimmigrant status;

● Entered lawfully but out of status or status has expired;

2. Criminal history and criminal convictions;

3. Received public assistance;

4. Complied with Federal Income Tax laws;

5. Does not have communicable disease(s);

Wall along U.S. Mexican border (U.

Points of entry along the U.S.-Mexican border

V. “Rights for Immigrants are Rights for Everyone”

Relief from Removal

Asylum, Withholding of Removal and Convention Against Torture – If a person fears

Deferred Action for Childhood Arrivals or commonly known as “DACA” is a form of

● Resolve the issue of deportability, removability, or inadmissibility;

● Determine the form(s) of relief that will be sought;

Unaccompanied Minor Children: A Humanitarian Crisis at the Border

● Becoming an organ donor to an individual in the United States;

● Visiting or caring for a sick relative in the United States;

● There is an emergent personal or bona fide reason to travel temporarily abroad; or

● Is a TPS recipient who seeks advance permission to travel abroad.