Understanding Key Immigration Terms in Light of Trump's Executive Order

ByABC News
January 30, 2017, 6:14 PM

— -- President Trump’s executive action last week restricting admission to the United States for some immigrants raised a number of questions about the legal status of travelers to the country.

Many of the classifications related to travel and immigration status are not interchangeable and define particular rights and allowances under law.

Here are a few of the terms to know, based on information from the Department of Homeland Security, U.S. Citizenship and Immigration Services, the State Department and Immigration and Customs Enforcement:

Visa

A visa is a temporary authorization for a person to live in or visit a country. In the U.S., non-immigrant visas can be issued to tourists, business travelers and students, among others, for temporary visits, but are also granted to persons wishing to reside in the country permanently. Immigrant visas are often issued to non-citizen spouses or family members of U.S. citizens, or those relocating for a job.

Visas may limit the number of entries to the U.S. and also have expiration dates. Upon the expiration of a visa, if the holder does not apply for an extension or a green card, they are expected to leave the country.

Green Card

“Green card” is the colloquial term for a form of identification for non-citizen permanent residents of the U.S.

There is more than one way for immigrants to obtain a green card, though the process can take several years. The most common paths to obtaining one include family connections, such as being the parents, spouse or child of a U.S. citizen; obtaining sponsorship from an employer, with preference given to workers with “extraordinary abilities;” or receiving classification as a refugee or asylum seeker.

The number of green cards issued is limited on an annual basis and the order in which they are processed generally follows the order in which applications were received.

Lawful Permanent Resident

A permanent resident is a green card holder, someone who may live in the U.S. indefinitely but has not obtained citizenship. Permanent residents can work and live in the country and are expected to pay taxes, but cannot vote.

Those with permanent resident status can apply for citizenship after five years -- or three if they are married to a U.S. citizen -- or can choose to remain permanent residence and renew their green cards every 10 years.

Refugee

Under U.S. law, the term "refugee" refers to a person who has left his or her country and who has demonstrated or who has fear of persecution under certain categories. Under the 1951 United Nations definition, a refugee has a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” or who, because of ongoing events, “is unable or, owing to such fear, is unwilling to return to” their home country.

Refugees receive specific classification because they may be able to receive prioritized processing for visas and green cards. The U.S. Refugee Admissions Program was established in 1980 to resettle those “who are of special humanitarian concern” and provides assistance in finding employment, health care and language acquisition.

Immigrant

An immigrant is traditionally a person moving to a new country in order to live there, but unlike a refugee, is doing so by choice, not a perceived necessity. Immigrants who wish to remain in the United States permanently are expected to arrive with an immigrant visa and eventually apply for a green card.

Citizenship

In the U.S., there are three types of citizenship: birthright citizens are those who were born in the U.S. and some territories, derived citizens who acquire citizenship through their parents and naturalized citizens, who were nationals of other countries and followed the process to acquire citizenship.

Naturalized citizens must first be permanent residents and can then file an application for citizenship. Further steps include an interview with a Citizenship and Immigration Services officer, an English and civics exam and the administration of the Oath of Allegiance.

Citizenship entitles the resident to all rights and protections provided by law, including the right to vote. Citizenship generally cannot be involuntarily revoked except under extreme circumstances, such as the commitment of acts of treason.

Dual Citizenship

Dual citizens are considered fully-fledged members of more than one country and entitled to the rights granted to citizens in each.

Not all countries allow the status and require residents applying for citizenship to first revoke prior citizenship. In the U.S., naturalized citizens are not required to do so, meaning that upon the completion of the citizenship process, they may be dual citizens.

U.S. dual citizens living outside of the country must still pay taxes to the federal government.

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