Non-Immigrant Classifications Flashcards

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.