Immigration Glossary Terms

This is a 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.

Any person who is not a citizen or national of the United States. An illegal alien is someone who enters the United States illegally, or who violates the terms of their admission to the United States by working without authorization or by overstaying. A nonimmigrant alien is someone who enters the U.S. lawfully for a temporary purpose. An immigrant alien, also known as a Green Card holder, is someone who is admitted to the United States as a lawful permanent resident and who intends to stay in the U.S. permanently.

In general, you may apply to change your nonimmigrant status as long as you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not committed any crimes that would make you ineligible, and you were not admitted to the United States in one of the following visa categories:

Copyright is protection provided to authors of fixed literary, dramatic, artistic, and musical works as well as some other intellectual works, published and unpublished. The owner of a copyright has the exclusive rights to use the copyrighted work for reproduction, distribution, creating derivative works and public display of the work. Copyright protects the form of expression but not the subject matter, protecting for instance, the way an author described a cat but not preventing anyone else from writing their own description of a cat – as long as it is not copied from an original work. The Library of Congress registers copyrights. Registered copyrights of works created since 1978 last the life of the author plus 70 years. For works "made for hire", the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. Some treaties extend copyright protection in member countries.

“Department of Homeland Security” - the Cabinet-level department within which USCIS, USICE, and other immigration-related agencies are found

A nonimmigrant visitor violates his or her status or becomes “out of status, if any of the following occur: (1) the person stays in the U.S. beyond the expiration date of the status granted; (2) the person engages in employment without specific authorization; or, (3) the person engages in an activity that is not consistent with the status in which the person was admitted. A person who violates his or her status, becoming “out of status”, becomes legally removable as of the moment the violation takes place. If the USCIS becomes aware of such a violation of status they have the right to file an order for removal from the U.S. against the person. If the violation of status is then proved at a removal hearing, the person will be ordered removed.

Patents protect inventions and improvements to existing inventions. A patent grants an inventor permission to exclude others from making, using, offering for sale, or selling their invention in the United States or importing their invention into the United States. There are three types of patents: utility, design, and plant. Typically, utility and plant patent last 20 years from filing and design patents have a term of 14 years. A utility patent will expire during its term unless appropriate maintenance fees are timely paid. The U.S. Patent and Trademark Office (USPTO) issues patents but the owner has to enforce the patent without the help of the USPTO. Patents are issued and enforced by country.

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.

Status can refer to the classification under which the person is admitted to the U.S. (i.e. as a student, visitor, temporary worker, etc.) and also to the length of the stay permitted in the U.S. Both of these components may be changed by the USCIS. A person admitted in one status may seek a change of status into a new classification and the duration of a person's stay may be extended by the USCIS. Again, the validity period of a visa has nothing to do with the duration of a nonimmigrant visitor's permitted stay.

Trademarks or service marks,(also referred to just as "marks"), protect brands, brand names, symbols, logos, devices, and designs applied to products or used in connection with services. A trademark can be words, a design, a color, a sound, a smell and even the way something feels as long as it is distinctive. The USPTO issues federal mark registrations used "in commerce," which is generally in more than one state. Only marks with final USPTO federal registration can be shown with the "®" symbol. Federally registered marks are benefited by: the owner’s ability to take action in federal court on behalf of the mark; the owner's ability to legally enforce the mark nationwide; the owner's ability to use the filing date of the U.S. application in a foreign registration to predate registrations in foreign countries; and the owner's ability to record the registration with the U.S. Customs Office (to prevent the importing of infringing foreign goods). U.S. federal trademark registrations are valid for 10 years after registration, providing that the owner uses the mark during the terms and an "Affidavit of Use" has been filed between the fifth and sixth years following registration. States also issue state trademark protection. Federal trademarks are issued and enforced by each country.

If a nonimmigrant has been informed that they are in “unlawful presence” by the USCIS and they remain in the United States for more than 180 days but then depart voluntarily, they must remain outside the U.S. for three years before being eligible to immigrate again. A person who remains in "unlawful presence" for more than twelve months must remain outside the U.S. for ten years. The term "unlawful presence" is not synonymous with "in violation of status" or “out of status”.

"U.S. Citizenship and Immigration Services" – formerly known as I.N.S. - - the agency within the Department of Homeland Security that judges petitions and applications for immigration benefits.

“U.S. Immigration and Customs Enforcement” - the agency responsible for investigating and prosecuting violations of U.S. immigration law.

A U.S. visa allows someone to apply for entry to the U.S. but does not grant them the right to enter the United States. The visa will indicate what classification the person falls into (e.g. student (F), visitor (B), temporary worker (H)). Outside of the U.S., the Department of State (DOS) is responsible for visa judgments at U.S. Embassies and Consulates. At U.S ports of entry, the Department of Homeland Security (DHS) and Bureau of Customs and Border Protection (BCBP) immigration inspectors determine admission into, length of stay and conditions of stay in the U.S.

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.