9 FAM 102.3
(u) Definitions
(CT:VISA-887; 07-09-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 102.3-1 (U) A Definitions
(CT:VISA-768; 04-26-2019)
(U) The following is an
alphabetized list of Unclassified (U) and Sensitive But Unclassified (SBU)
definitions or cross-references related to various aspects of visa work. Note
that definitions may vary according to context; be sure to use the appropriate definition.
a. (U) Abandonment:
(1) (U) In the context of
Convention adoption cases, see 9 FAM
502.3-4(B), Convention Adoptee Overview; and
(2) (U) In the context of
orphan adoption cases, see 9 FAM
502.3-3(B)(4), Status of Natural Parents (Orphans).
b. (U) Abroad:
(1) (U) In the context of
"Eligibility for Special Immigrant Status as Member of U.S. Armed Forces
Recruited Abroad," see 9 FAM
502.5-8(B), Members of U.S. Armed Forces Recruited Abroad;
(2) (U) In the context of
evaluating U.S. Government service abroad for special immigrant SE-1
classification, see 9 FAM
502.5-3(B)(2), U.S. Government Service Abroad (U.S. Government Employee
Special Immigrant); and
(3) (U) In the context of a
second preference petitioner residing abroad, see 9 FAM
502.2-3(E), Second Preference Petitioner Residing Abroad (Family Preference
Classifications).
c. (U) Accompanying, accompanied:
For accompanying derivatives and following-to-join derivatives, see 9 FAM
502.1-1(C)(2), Derivative Applicants/Beneficiaries.
d. (U) Accrediting or accredited
entity (AE): In the context of Convention adoption cases, see 9 FAM
502.3-4(B), Convention Adoptee Overview.
e. (U) Adoption services provider
(ASP): An authorized ASP is an adoption services provider that is
authorized to provide adoption services in connection with an adoption under
the Hague Convention. See 9 FAM
502.3-4(B), Convention Adoptee Overview, for information on adoption
service providers.
f. (U) Advisory opinion (AO):
An AO is a legal opinion from the Department regarding the interpretation or
application of law or regulation related to a specific case. See 9 FAM 304.3,
Advisory Opinions.
g. (U) Aggravated felony: An
aggravated felony is one of the several types of offenses defined at INA
section 101(a)(43). The term applies to Federal and State offenses and
violations of foreign law. A conviction for an aggravated felony is not
synonymous with a conviction for a crime involving moral turpitude. While an
aggravated felony may also be a crime involving moral turpitude, not all
aggravated felonies are considered crimes involving moral turpitude. A
conviction for an aggravated felony is not a ground of inadmissibility under INA
212, but a previously removed alien is permanently inadmissible for a visa
under INA 212(a)(9)(A)(i) and INA 212(a)(9)(A)(ii) if convicted of an
aggravated felony. See also 9 FAM
302.11-2(B)(4), Permanent Bar.
h. (U) Application final action dates:
Dates are established by the Department to indicate the availability and
authorization for issuance of immigrant numbers. See 9 FAM 503.4-3,
Numerical Control.
i. (U) Application for a Visa:
To file or make an application for a visa:
(1) (U) In in context of an
immigrant visa application, see 9 FAM 504.2-3,
Filing IV Petitions with USCIS, or 9 FAM 504.2-4,
Petitions Filed at Consular Offices Abroad; and
(2) (U) In the context of a
nonimmigrant visa application, see 9 FAM 403.2-3,
Definition of "Making a Visa Application."
j. (U) Armed forces or group:
In the context of cases involving child soldiers, (see 9 FAM 302.7-8),
"armed force or group" refers to any army, militia, or other military
organization, whether or not it is state-sponsored, excluding any group
assembled solely for nonviolent political association, consistent with the
definition in 18 U.S.C. 2442(d)(2). See 9 FAM
302.7-8(B)(2), Definitions.
k. (U) Article 5 Letter: In
the context of Convention adoption cases, see 9 FAM
502.3-4(D)(6), Article 5 Letter, Convention Adoptee - Step 5 of 9.
l. (U) Article 16 Report: In
the context of Convention adoption cases, see 9 FAM
502.3-4(D)(1), Summary of the Convention Adoption Process.
m. (U) Article 23 Certificate:
In the context of Convention adoption cases, see 9 FAM
502.3-4(D)(1), Summary of the Convention Adoption Process.
n. (U) Assurance: The
agreement of a resettlement agency to sponsor a refugee. See 9 FAM
203.6-10, V93 Post-Interview Actions.
o. (U) Asylee: A person who
has been granted asylum under INA 208, which requires the alien to meet the
refugee definition of INA 101(a)(42)(A) and be physically present in the United
States. See 9
FAM 203.2, What is a Refugee? What is an Asylee? for additional information
on asylee cases.
9 FAM 102.3-2 (U) B Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-3 (U) C Definitions
(CT:VISA-887; 07-09-2019)
a. (U) Capital: In the context
of employment fifth preference IV classifications, see 9 FAM
502.4-5(B), Entitlement to Employment Fifth Preference Status.
b. (U) Central authority: In
the context of Convention adoption cases see 9 FAM
502.3-4(B), Convention Adoptee Overview.
c. (U) Central overseas processing
entity (COPE): In the context of refugee cases, COPE is the Refugee
Processing Center (RPC) version of the Worldwide Refugee Admissions Processing
System (WRAPS) used at RPC to enter V-93 case information processed by consular
posts or USCIS officers overseas. See 9 FAM 203.3-1,
Department of State; 9 FAM 203.6,
Processing V92/V93 Cases; and 9 FAM 203.7,
Refugee Travel documents.
d. (U) Child: For the
definition of a child see 9 FAM 102.8-2,
Parent-Child Relationships.
e. (U) Child soldiers: In the
context of child soldiers, child is defined as a person under the age of 15.
See 9 FAM
302.7-8, Participation in the Use or Recruitment of Child Soldiers - INA
212(a)(3)(G).
f. (U) CLASS: The Consular
Lookout and Support System. See 9 FAM 604.1-1,
Visa Systems Overview.
g. Unavailable
h. (U) Conditional Status: If
an applicant's basis for immigration is a marriage to a petitioner which was
entered into less than two years prior to the date of visa issuance, the consul
must classify the applicant as a "conditional immigrant." See 9 FAM 504.10-3(A)
and 9
FAM 502.2-2(D).
i. (U) Consular officer:
Consular Officer, as defined in INA 101(a)(9), includes commissioned consular
officers and the Deputy Assistant Secretary for Visa Services, and such other
officers as the Deputy Assistant Secretary may designate for the purpose of
issuing nonimmigrant and immigrant visas, but does not include a consular
agent, an attaché, or an assistant attaché. This guidance also
refers to consular officers as "you," see 9 FAM
102.3-25, Y Definitions:
(1) (U) The term other
officers includes civil service visa examiners employed by the Department of
State for duty at visa-issuing offices abroad, upon certification by the chief
of the consular section under whose direction such examiners are employed that
the examiners are qualified by knowledge and experience to perform the
functions of a consular officer in the issuance or refusal of visas. The
designation of visa examiners must expire upon termination of the examiners'
employment for such duty and may be terminated at any time for cause by the
Deputy Assistant Secretary; and
(2) (U) The assignment by the
Department of any foreign service officer to a diplomatic or consular office
abroad in a position administratively designated as requiring, solely, partially,
or principally, the performance of consular functions, and the initiation of a
request for a consular commission, constitutes designation of the officer as a
consular officer within the meaning of INA 101(a)(9).
j. (U) Continuous voyage: See
9 FAM 504.10-2(A),
Immigrant Visa Validity, Defining Continuous Voyage.
k. (U) Cut-off dates: See
Application Final Action Dates at 9 FAM 503.4-3,
Numerical Control.
l. (U) Custody, custody for purposes
of emigration and adoption:
(1) (U) In the context of
orphans, see 9 FAM
502.3-3(B)(3), Adoption or Intent to Adopt (Orphans); and
(2) (U) In the context of
convention adoptees, see 9 FAM
502.3-4(C)(3), Adoption or Custody for Purposes of Emigration and Adoption
(Convention Adoptee).
9 FAM 102.3-4 (U) D Definitions
(CT:VISA-392; 07-07-2017)
a. (U) Dates for filing applications:
See 9
FAM 503.4-3(A)(3), Dates for Filing Application.
b. (U) Department: The
Department of State of the United States of America. This guidance also refers
to the Department as "we," see 9 FAM
102.3-23, W Definitions.
c. (U) Dependent area: See 9 FAM
503.2-3(B), Dependent Area, for information on dependent areas as they
relate to immigrant visa numerical limitations and chargeability.
d. (U) Derivative:
(1) (U) In the context of
immigrant visas, an individual who is not the direct beneficiary of a filed
petition, but who can accompany or follow-to-join the principal based on a
marital or parent-child relationship, see 9 FAM
502.1-1(C)(2), Derivative Applicants/Beneficiaries; and
(2) (U) In the context of
nonimmigrant visas, a family member whose primary purpose of travel to the
United States is to accompany the principal, see 9 FAM 402.1-3,
Choice of Classification.
e. (U) Documentarily qualified:
This term is used only with respect to an alien's qualification to apply
formally for an immigrant visa; it bears no connotation that the alien is
eligible to receive a visa. See 9 FAM
504.4-5(A)(1), Definition of Documentarily Qualified.
9 FAM 102.3-5 (U) E Definitions
(CT:VISA-381; 06-15-2017)
(U) Expired nonimmigrant visa:
See 9 FAM
403.9-4(A), paragraph c, Visa Validity Versus Period of Admission, Expired
Nonimmigrant Visa.
9 FAM 102.3-6 (U) F Definitions
(CT:VISA-768; 04-26-2019)
a. Unavailable
b. (U) "Following to join":
The term, as used in INA 101(a)(27)(C) and INA 203(d), permits a derivative to
obtain a nonimmigrant visa or immigrant visa and the priority date of the
principal alien as long as the alien following to join has the required
relationship with the principal alien:
(1) (U) In the context of
immigrant visas, see 9 FAM
502.1-1(C)(2), Derivative Applicants/Beneficiaries;
(2) (U) In the context of
refugee or asylee status as used in INA 208(b)(3),
see 9
FAM 203.5-4, Eligibility for Following-to-Join Refugee or Asylee (V92/V93)
Status; and
(3) (U) In the context of K
visas as used in INA 101(a)(K)(iii), see 9 FAM 502.7-3(B), paragraph c, Overview of K Visa
Classifications.
c. (U) Foreign state: For the
purposes of immigrant visa chargeability, see 9 FAM
503.2-3(A), Foreign State Defined.
d. (U) Full-time employment:
See 9
FAM 302.1-5(B)(11), Defining Full-time Employment.
9 FAM 102.3-7 (U) G Definitions
(CT:VISA-381; 06-15-2017)
a. (U) Genocide: In the
context of a ground of inadmissibility for "genocide," see 9 FAM
302.7-5(B)(2), Defining Genocide.
b. (U) Graduate of a medical school,
foreign medical graduate: In the context of an ineligibility for
unqualified physicians, see 9 FAM 302.1-6(B)(1),
Defining Graduates of a Medical School.
9 FAM 102.3-8 (U) H Definitions
(CT:VISA-392; 07-07-2017)
a. (U) Hardship:
(1) (U) In the context of
posts accepting immigrant visa cases, see 9 FAM
504.4-8(D), Discretionary Cases for Hardship Reasons; and
(2) (U) In the context of INA
212(e) waivers, see 9 FAM
302.13-2(D)(2), Exceptional Hardship to U.S. Citizen or Permanent Resident
Spouse or Child.
b. (U) Homeless: In the
context of processing immigrant visa cases, see 9 FAM
504.4-8(E)(1), Definition of Homeless Cases.
9 FAM 102.3-9 (U) I Definitions
(CT:VISA-887;
07-09-2019)
a. Unavailable
b. Unavailable
c. (U) Immediate relative:
See 9 FAM
502.2-2, Immediate Relative Defined.
d. (U) Immigration and Nationality Act
(INA): Or Act, means the Immigration and Nationality Act, as
amended. See 9 FAM 101.1-2,
Relationship to Statutes and Regulations.
e. (U) Immigrant visa applicant:
A person who is applying for an immigrant visa classification (lawful permanent
residence) at a consular post. See 9 FAM 502.1-3,
IV Classification Symbols.
f. (U) Inactive cases: See 9 FAM
504.13-2(A), When a Case is Considered Inactive. When a case is
considered inactive, the applicant's registration could be terminated if
certain conditions are not met.
9 FAM 102.3-10 (U) J Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-11 (U) K Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-12 (U) L Definitions
(CT:VISA-392; 07-07-2017)
(U) Lawfully Admitted:
(1) (U) In the context of
Lawful Permanent Resident (LPR) Status see 9 FAM 202.2-2
paragraph b(1), Lawful Permanent Residents Overview, Introduction; and
(2) (U) In the context of
returning residents see 9 FAM
502.7-2(B), Returning Resident Status.
9 FAM 102.3-13 (U) M Definitions
(CT:VISA-392; 07-07-2017)
a. (U) Marriage: See 9 FAM 102.8-1
for information on marital relationships.
b. (U) Managerial capacity:
(1) (U) In the context of
employment-based first preference immigrant visa classification, see 9 FAM
502.4-2(E), Certain Multinational Executives and Managers; and
(2) (U) In the context of L-1
nonimmigrant visa classification for intracompany transferees, see 9 FAM
402.12-14(B), Managerial or Executive Capacity.
9 FAM 102.3-14 (U) N Definitions
(CT:VISA-392; 07-07-2017)
a. Unavailable
b. (U) Native: A person born
within the territory of a (foreign) state, regardless of the individuals
current country of residence or nationality. See 9 FAM 502.6-2
for additional information on qualification for diversity immigrant visas for
natives of certain foreign states, and 9 FAM 503.2
for information on chargeability in immigrant visa cases.
c. Unavailable
d. (U) Nonimmigrant: A foreign
born person (alien) who is coming to the United States temporarily for a
particular purpose but does not remain permanently.
9 FAM 102.3-15 (U) O Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-16 (U) P Definitions
(CT:VISA-392; 07-07-2017)
a. (U) Physical presence: See 9 FAM
403.2-4(B)(1), Physical Presence. In the context of J visas, see also 9 FAM 302.13-2,
Former Exchange Visitors - INA 212(e).
b. (U) Port of entry (POE):
"POE" means a port or place designated by DHS at which an alien may
apply to DHS for admission into the United States, be inspected, and have his
or her eligibility for entry into the United States determined.
c. (U) Principal alien: An
alien from whom another alien derives a privilege or status under the law or
regulations.
d. (U) Principal applicant:
The primary individual on a case who submits an application or petition for an
immigration benefit:
(1) (U) In the context of
immigrant visas, see 9 FAM
502.1-1(C)(1), Principal Applicants/Beneficiaries; and
(2) (U) In the context of
nonimmigrant visas, see 9 FAM 402.1-4,
Derivative Classification of Spouse Accompanying the Principal Alien and 9 FAM
402.1-5(A), Derivative Classification of Child Accompanying or Following to
Join the Principal Alien.
e. (U) Principal officer: In
the context of U.S. Government Employee Special Immigrant (SE-1) cases, see 9 FAM
502.5-3(C)(3), Principal Officers Recommendation (U.S. Government Employee
Special Immigrant).
f. (U) Priority
date: The date on which the completed, signed petition is properly
filed. However, for certain employment visas the priority date is determined
by other means:
(1) (U) In the context of
employment-based preference petitions, see 9 FAM
503.3-2(C), Employment-Based Preference Petitions;
(2) (U) In the context of
family-sponsored preference petitions, see 9 FAM
503.3-2(B), Family-Sponsored Preference Petitions; and
(3) (U) In the context of a
derivative spouse or child, see 9 FAM
503.3-2(D), Priority Date for Derivative Spouse/Child.
g. (U) Properly filed: A
petition will be considered properly filed when the completed, signed
petition, including all initial evidence and the correct fee, is filed with the
Department of Homeland Security. See 9 FAM
504.2-2(D)(1), Proper Filing and 9 FAM
503.1-2(B), Priority Dates.
h. (U) Public charge: The term
means that an alien, after admission into the United States, is likely to
become primarily dependent on the U.S. Government for subsistence. See 9 FAM 302.8,
Public Charge - INA 212(a)(4).
9 FAM 102.3-17 (U) Q Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-18 (U) R Definitions
(CT:VISA-887; 07-09-2019)
a. (U) Recaptured visa: A visa
that is known to have not been used. See 9 FAM
503.4-4(C), Recaptured Visas.
b. (U) Refugee: A person
defined in INA 101(a)(42) who is outside his or her country of origin and is
unwilling or unable to return because of persecution or a well-founded fear of
persecution on one of five grounds: race, religion, nationality, membership in
a particular social group, or political opinion. Persons who have ordered,
incited, assisted, or otherwise participated in the persecution of others are
excluded from the refugee definition. See 9 FAM 203.1
through 9 FAM 203.7 for additional
information on refugees.
c. (U) Residence: Defined in
the INA 101(a)(33) as the place of general abode; the place of general abode of
a person means his principal, actual dwelling place in fact, without regard to
intent. This does not mean that an alien must maintain an independent
household in order to qualify as an alien who has a residence in a foreign
country and has no intention of abandoning. If the alien customarily resides
in the household of another, that household is the residence in fact.
d. (U) Returning resident:
(1) (U) A lawful permanent
resident (LPR) who has remained outside the United States for more than one
year may be eligible for returning resident immigrant visa status if certain
conditions are met. See 9 FAM
502.7-2(B), Returning Residents; and
(2) (U) See "lawfully
admitted for permanent resident" at INA 101(a)(20) for definition of
"lawful permanent resident."
e. (U) Reciprocity schedule: The INA requires that visa validity periods, numbers of
admissions, and visa fees be reciprocal, or based on each countrys treatment
of similar classes of U.S. visitors to its territory. The reciprocity schedule
found on travel.state.gov provides the visa validity periods, numbers of
admissions, and visa fees for each country and each visa class.
9 FAM 102.3-19 (U) S Definitions
(CT:VISA-768; 04-26-2019)
a. Unavailable
b. (U) Skilled worker: In the
context of E3/EW employment-based third preference immigrant visa
classification, see 9 FAM
502.4-4(B), Employment Third Preference IV Classifications.
c. Unavailable
d. (U) Sponsor:
(1) (U) In the context of
I-864 Affidavits of Support, see 9 FAM
302.8-2(C)(3), Completion of Form I-864,
Affidavit of Support under Section 213A of the Act; and
(2) (U) In the context of
refugee cases, see 9 FAM
203.6-10, V93 Post-Interview Actions.
e. (U) Subsidiary:
(1) (U) In the context of
immigrant visa employment-based fifth preference cases, see 9 FAM
502.4-2(E), subparagraph b(6), Certain Multinational Executives and
Managers and 9 FAM
502.4-5(B), Entitlement to Employment Fifth Preference Status; and
(2) (U) In the context of
nonimmigrant L visa classification, see 9 FAM
402.12-9(A), subparagraph b(4), Nature of Petitioning Business Entity.
9 FAM 102.3-20 (U) T Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-21 (U) U Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-22 (U) V Definitions
(CT:VISA-768; 04-26-2019)
a. (U) VISAS 92 (V-92): This term refers to a beneficiary of a Form
I-730, Refugee/Asylee Relative Petition, filed by a person granted asylum in
the United States. V92 beneficiaries do not qualify for refugee benefits and
do not count against the annual refugee admissions ceilings. See 9 FAM 203.6,
Processing V92/V93 Cases, for additional information on Visas 92 cases. Also
referred to as FTJ-A by USCIS.
b. (U) VISAS 93 (V-93): This term refers to a beneficiary of a Form
I-730 Refugee/Asylee Relative Petition, filed by a person admitted to the
United States as a refugee. Beneficiaries qualify for PRM-funded support and
count against annual refugee admissions ceilings. See 9 FAM 203.6,
Processing V92/V93 Cases, for additional information on Visas 93 cases. Also
referred to as FTJ-R by USCIS.
c. (U)
Visa validity: The time in which an applicant may make
application to an immigration officer at a port of entry for admittance into
the United States. It has no bearing on the length of time for which the alien
may be admitted. See 9 FAM
403.9-4(A), Validity of Nonimmigrant Visas and 9 FAM
504.10-2(A), Immigrant Visa Validity.
9 FAM 102.3-23 (U) W Definitions
(CT:VISA-768; 04-26-2019)
a. Unavailable
b. (U) We: "We"
means the Department of State. See 9 FAM 101.1-3,
Plain Language.
c. (U) Worldwide Refugee Admissions
Processing System (WRAPS): WRAPS is the
Department of State database for all refugee applicants processed for
resettlement consideration to the United States. See 9 FAM 203.3-1,
subparagraph (1)(b), RPC - Refugee Processing Center.
9 FAM 102.3-24 (U) X Definitions
(CT:VISA-381; 06-15-2017)
(U) None.
9 FAM 102.3-25 (U) Y Definitions
(CT:VISA-381; 06-15-2017)
(U) You: You in 9 FAM refers to
consular officers. See 9 FAM 101.1-3,
Plain Language.
9 FAM 102.3-26 (U) Z Definitions
(CT:VISA-381; 06-15-2017)
(U) None.