Common Immigration Terms
The definitions listed below include commonly used terms for immigrants and the conditions for their admission to the United States, as well as new terms created under the 1996 welfare reform law. The definitions follow a continuum of permanent to temporary to unauthorized immigrants.
Immigrant. The term is often used generally to refer to aliens residing in the United States, but its specific legal meaning is any legal alien in the United States other than those in the specified class of nonimmigrant aliens such as temporary visitors or students. Immigrant is also used synonymously with lawful permanent resident.
Qualified Alien: The term, created in the 1996 welfare reform legislation (P.L. 104-193), refers to lawful permanent residents, refugees, Cuban and Haitian entrants, asylees, aliens paroled into the United States for a period of at least one year, aliens granted withholding of deportation by the INS, aliens granted conditional entry into the United States, and certain battered alien spouses and children. "Qualified" immigrants are generally eligible for federal public benefits on the same basis as citizens if they entered before Aug. 22, 1996, when the welfare law was enacted. Qualified immigrants entering after Aug. 22, 1996, are generally barred from federal assistance for five years. Different restrictions and limits apply to qualified immigrants' eligibility, depending on the immigration category.
Not Qualified Alien: The term means any immigrant who is not a "qualified alien," including undocumented immigrants, nonimmigrants and most PRUCOL immigrants. "Not qualified" immigrants are ineligible for federal, state and local public benefits covered by welfare reform, unless a specific exception applies.
Lawful Permanent Resident (LPR). An LPR is an immigrant who has been lawfully accorded the privilege of residing permanently in the United States. Lawful permanent residents are granted admission to the United States on the basis of family relation or job skill. Refugees and asylees may adjust to LPR status after one year of continuous residence. Lawful permanent residents may be issued immigrant visas by the Department of State overseas or adjust to LPR status with the INS after entering the United States. Generally, lawful permanent residents are those individuals who have "green cards" and are permitted to apply for naturalization after five years of U.S. residence.
Refugee. A person who flees his or her country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group. Refugees are eligible for federal resettlement assistance. The 2004 ceiling for refugee arrivals is 70,000. The term "refugee" as a legal definition includes both those admitted as refugees into the United States and asylees-those who are already present in the country when asylum is requested and granted.
Nonimmigrants. Nonimmigrants are those who are allowed to enter the United States for a specific purpose and for a limited period of time, such as tourists, students, business visitors, diplomats and specialty occupations such as high tech workers or seasonal agricultural workers. Approximately 28 million nonimmigrants entered the United States in FY 2002.
Unauthorized immigrant. Also known as an illegal alien or undocumented worker, this is someone who enters or lives in the United States without official authorization, either by entering illegally or by violating the terms of his or her admission (for example, entering without inspection by the INS, entry based on fraud, overstaying the authorized period of admission or working without authorization). Approximately 300,000 undocumented immigrants enter and stay in the United States each year.
Naturalization. This is the process by which a foreign-born individual becomes a citizen of the United States. To naturalize, immigrants must be at least 18 years old; have been lawful permanent residents of the United States for five years (three years if married to a U.S. citizen); demonstrate a basic knowledge of English, American government and history; and have good moral character. During FY 2002, nearly 574,000 people became naturalized citizens. At the close of FY2002, there was also a backlog of 623,000 naturalization applications.
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