Questions and Answers
What does the term 'nonimmigrant' mean?
What is required from a nonimmigrant when admitted into the United States?
Agree to depart at the end of the admission term, show proof of financial support, abide by admission terms, and be admissible to the U.S. or have a waiver.
What is the meaning of 'residence' in immigration terms?
Place of general abode; principal, actual dwelling place.
What is a nonimmigrant visa?
Signup and view all the answers
What does 'benefit request' refer to?
Signup and view all the answers
Who is referred to as an 'applicant' in immigration contexts?
Signup and view all the answers
What is the role of a 'petitioner'?
Signup and view all the answers
Define 'beneficiary'.
Signup and view all the answers
What is a 'principal beneficiary'?
Signup and view all the answers
What is a 'derivative beneficiary'?
Signup and view all the answers
What is meant by 'Admitted Until Date'?
Signup and view all the answers
What does 'Duration of Status (D/S)' indicate?
Signup and view all the answers
What is the process for an 'Extension of Stay'?
Signup and view all the answers
What must be done for a 'Change of Status'?
Signup and view all the answers
H-1B, H-4, and L classifications do not allow dual intent.
Signup and view all the answers
What does 'Maintaining Status' mean?
Signup and view all the answers
Failing to ______ means not complying with immigration status requirements.
Signup and view all the answers
Study Notes
Nonimmigrant Classifications
- A nonimmigrant is a foreign national granted temporary admission to the U.S. under the Immigration and Nationality Act (INA), requiring an agreement to depart after authorization and proof of financial support.
- Residence refers to a person's principal dwelling place, focusing on the actual location without considering intent, as defined in the INA.
- A nonimmigrant visa (NIV) is issued to noncitizens, allowing temporary entry to the U.S. for specified purposes, documented in their passport.
- A benefit request encompasses any immigration-related application, including petitions or appeals, submitted to the Department of Homeland Security (DHS) in prescribed formats.
- The term applicant identifies a person who files for immigration benefits, such as an individual submitting Form I-539 to extend or change their nonimmigrant status.
- A petitioner is an individual, employer, or organization that files a petition on behalf of a noncitizen to request immigration benefits, commonly using Form I-129.
- A beneficiary is a noncitizen sponsored for immigration benefits by a relative or business, representing the individual for whom a petition like Form I-129 is created.
- A principal beneficiary is a noncitizen named on a petition or application for immigration benefits.
- A derivative beneficiary refers to immediate family members of the principal beneficiary who can receive the same immigration status through familial relationships.
- Admitted until Date specifies the deadline by which a nonimmigrant must exit the U.S.
- Duration of Status (D/S) indicates that certain nonimmigrants, like F-1 students, may stay in the U.S. as long as they maintain valid status, marked on Form I-94.
- Extension of Stay (EOS) allows specific nonimmigrants to apply to remain in the U.S. beyond their admitted date, requiring timely filing with USCIS through Form I-539 or a petition from a prospective employer using Form I-129.
- Change of Status (COS) permits nonimmigrants to alter their reasons for visiting the U.S., necessitating timely applications or petitions to USCIS before the authorized stay ends.
- Dual Intent applies to H-1B, H-4, and L visa holders, permitting them to maintain nonimmigrant status while intending to immigrate and reside permanently in the U.S.
- Maintaining Status means complying with visa classification requirements, with individuals possessing a valid I-94 considered in compliance.
- Failing to maintain status implies noncompliance with visa rules, potentially leading to immigration consequences.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on non-immigrant classifications in the United States with these flashcards. You'll explore key terms, definitions, and the criteria for nonimmigrant visas as specified in the Immigration and Nationality Act (INA). Perfect for students of immigration law or anyone interested in U.S. immigration policies.
