9 FAM 102.3
(u) Definitions
(CT:VISA-1974; 04-23-2024)
(Office of Origin: CA/VO)
9 FAM 102.3-1 (U) A Definitions
(CT:VISA-1974; 04-23-2024)
(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. 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 Birth 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 502.3-6 (A) paragraph b, A Definitions for Orphan and Convention Adoptees.
e. (U) Adam Walsh Check: An individual who has been convicted of a specified sexual or kidnapping criminal offense against a minor may not file a petition for a family-sponsored IV without a determination by USCIS that the petitioner poses no risk to the beneficiary. See 9 FAM 504.2-6(D).
f. (U) Adjudicating Officer: Ideally, the interviewing adjudicator also reviews CNC, FR, IDENT, and NGI/IAFIS results related to the same case. It may be unavoidable on occasion that a different adjudicator performs one or more of those functions in some cases. See 9 FAM 307.3-4 and 9 FAM 403.7-2.
g. (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 502.3-6(A) paragraph g, Convention Adoptee Overview, for information on adoption service providers.
h. (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.
i. (U) Aggravated felony: An “aggravated felony” is one of the several types of offenses defined at INA 101(a)(43) (8 U.S.C. 1101(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 crimes involving moral turpitude. A conviction for an aggravated felony is not a ground of ineligibility under INA 212 (8 U.S.C. 1182), but a previously removed individual is permanently ineligible for a visa under INA 212(a)(9)(A)(i) (8 U.S.C. 1182(a)(9)(A)(i)) and INA 212(a)(9)(A)(ii) (8 U.S.C. 1182(a)(9)(A)(ii)) if convicted of an aggravated felony. See also 9 FAM 302.11-2(B)(4), Permanent Bar.
j. (U) Application Filing Date: The date which the Visa Office uses to determine when to send the Instruction Package to an IV applicant. The Instruction Package tells the applicant what documents need to be prepared for the IV application. See 9 FAM 503.4-3(A)(3), Dates for Filing Application.
k. (U) Application for a Visa: To file or make an application for a visa:
(1) (U) In in context of an IV 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 an NIV application, see 9 FAM 403.2-3, Definition of "Making a Visa Application."
l. (U) Armed forces or group: In the context of cases involving child soldiers, INA 212 (A)(3)(G), (see 9 FAM 302.7-8), "armed forces or group" refers to any army, militia, or other military organization, whether 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.
m. (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.
n. (U) Article 16 Report: In the context of Convention adoption cases, see 9 FAM 502.3-4(D)(1) paragraph b, Summary of the Convention Adoption Process.
o. (U) Article 23 Certificate: In the context of Convention adoption cases, see 9 FAM 502.3-4(D)(1) paragraph b(6), Summary of the Convention Adoption Process.
p. (U) Assurance: The agreement of a resettlement agency to sponsor a refugee. See 9 FAM 203.6-10, V93 Post-Interview Actions.
q. (U) Asylee: A person who has been granted asylum under INA 208 (8 U.S.C. 1158), which requires the individual to meet the refugee definition of INA 101(a)(42)(A) (8 U.S.C. 1101 (a)(42)(A)) and be physically present in the United States. See 9 FAM 203.2-2, Asylee, for additional information on asylee cases.
9 FAM 102.3-2 (U) B Definitions
(CT:VISA-1974; 04-23-2024)
a. (U) Biovisa: The Biometric Visa (BioVisa) uses biometric identifiers to prevent persons with visa ineligibilities from getting visas, to prevent identity fraud, and to verify that a person presenting a visa at a port of entry is the person to whom the visa was issued. The biometric identifiers used are digital fingerprints and a photograph of the applicant. See 9 FAM 303.1-2(D) and 9 FAM 403.6-3(D).
b. (U) Boarding Foil: Sometimes referred to as a transportation letter. It is provided to recipients of parole, LPRs for a lost, stolen, expired or destroyed/mutilated Form I-551. See 9 FAM 202.2-4 and 9 FAM 604.2-2.
9 FAM 102.3-3 (U) C Definitions
(CT:VISA-1771; 05-18-2023)
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) paragraph b(2), Convention Adoptee Overview.
c. (U) Child: For the definition of a child see 9 FAM 102.8-2, Parent-Child Relationships.
d. (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) (8 U.S.C. 1182(a)(3)(G)).
e. Unavailable
f. Unavailable
g. (U) Conditional Status: If an applicant's basis for immigration is a marriage to a petitioner which was entered into less than two years before 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).
h. (U) Consular officer: “Consular Officer,” as defined in INA 101(a)(9) (8 U.S.C. 1101(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 NIVs and IVs, but does not include a consular agent, an attaché́, or an assistant attaché́. 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) (8 U.S.C. 1101(a)(9)).
i. (U) Continuous voyage: See 9 FAM 504.10-2(A) paragraph 6, Immigrant Visa Validity, Defining Continuous Voyage.
j. (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-1771; 05-18-2023)
a. (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.
b. (U) Dependent area: See 9 FAM 503.2-3(B), Dependent Area, for information on dependent areas as they relate to IV numerical limitations and chargeability.
c. (U) Derivative:
(1) (U) In the context of IVs, 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 NIVs, 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.
d. (U) Documentarily complete: This term is used only with respect to an applicant's qualification to apply formally for an IV; it bears no connotation that the applicant is eligible to receive a visa. See 9 FAM 504.4-5(A)(1), Definition of Documentarily Complete.
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-1771; 05-18-2023)
a. Unavailable
b. (U) Final action date(s): Date(s) used to determine whether an applicant’s case is eligible for interview and published in the Visa Bulletin at www.travel.state.gov. See 9 FAM 503.4-3, Numerical Control.
c. (U) "Following to join": The term, as used in INA 101(a)(27)(C) (8 U.S.C. 1101(a)(27)(C)) and INA 203(d) (8 U.S.C. 1153(d)), permits a derivative to obtain an NIV or IV and the priority date of the principal if the applicant following to join has the required relationship with the principal:
(1) (U) In the context of IVs, 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) (8 U.S.C. 1158(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) (8 U.S.C. 1101(a)(K)(iii)), see 9 FAM 502.7-3(B), Overview of K Visa Classifications.
d. (U) Foreign state: For IV chargeability, see 9 FAM 503.2-3(A), Foreign State Defined.
e. (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-1974; 04-23-2024)
a. (U) Genocide: In the context of a ground of ineligibility 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.”
c. (U) Green card: Form I-551, Permanent Resident Card.
9 FAM 102.3-8 (U) H Definitions
(CT:VISA-1771; 05-18-2023)
a. (U) Hardship:
(1) (U) In the context of consular sections accepting IV cases, see 9 FAM 504.4-8(D), Discretionary Cases for Hardship Reasons; and
(2) (U) In the context of INA 212(e) (8 U.S.C. 1182(e)) waivers, see 9 FAM 302.13-2(D)(2), Exceptional Hardship to U.S. Citizen or Legal Permanent Resident Spouse or Child.
b. (U) Homeless: In the context of processing IV cases, see 9 FAM 504.4-8(E)(1), Definition of Homeless Cases.
9 FAM 102.3-9 (U) I Definitions
(CT:VISA-1771; 05-18-2023)
a. Unavailable
b. Unavailable
c. (U) Immediate relative: See 9 FAM 502.2-2(B), 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 (IV) applicant: A person who is applying for an IV classification (lawful permanent residence) at a consular section. See 9 FAM 502.1-3, IV Classification Symbols.
f. (U) Inactive cases: See 9 FAM 504.13-2(A)(1), When a Case is “Inactive.” When a case is “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-1974; 04-23-2024)
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 IV classification, see 9 FAM 502.4-2(E), Certain Multinational Executives and Managers; and
(2) (U) In the context of L-1 NIV classification for intracompany transferees, see 9 FAM 402.12-12(B), Managerial or Executive Capacity.
c. (U) Misrepresentation: A misrepresentation is an assertion or manifestation not in accordance with the facts. Misrepresentation requires an affirmative act taken by the individual. A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information. See 9 FAM 302.9-4.
9 FAM 102.3-14 (U) N Definitions
(CT:VISA-1771; 05-18-2023)
a. Unavailable
b. (U) Native: A person born within the territory of a (foreign) state, regardless of the individual’s current country of residence or nationality. See 9 FAM 502.6-2 for additional information on qualification for diversity IVs for natives of certain foreign states, and 9 FAM 503.2 for information on chargeability in IV cases.
c. Unavailable
d. (U) Nonimmigrant: A foreign born person who is coming to the United States temporarily for a specific purpose but does not remain permanently. See 9 FAM 401.1-2, Overview - Nonimmigrant Visa and Status.
9 FAM 102.3-15 (U) O Definitions
(CT:VISA-1974; 04-23-2024)
(U) Out of district applicants: Visa applicants who do not schedule their visa interview at the U.S. Embassy or Consulate in the country in which they live, See 9 FAM 303.4-3(A)(2) and 9 FAM 403.2-4.
9 FAM 102.3-16 (U) P Definitions
(CT:VISA-1974; 04-23-2024)
a. (U) Parole: Parole is an extraordinary measure used to permit an otherwise ineligible noncitizen to enter the United States for a temporary period due to an urgent humanitarian reason or for significant public benefit. Parole under INA 212(d)(5)(A) is not an admission to the United States. See 9 FAM 202.3-2.
b. (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) (8 U.S.C. 1182(e)).
c. (U) Port of entry (POE): "POE" means a port or place designated by DHS at which a noncitizen may apply to DHS for admission into the United States, be inspected, and have their eligibility for entry into the United States determined. See also 8 CFR 1.2 Definitions, Arriving Alien.
d. (U) Principal: An individual from whom another person derives a privilege or status under the law or regulations.
e. (U) Principal applicant: The primary individual on a case who applies or petition for an immigration benefit:
(1) (U) In the context of IVs, see 9 FAM 502.1-1(C)(1), Principal Applicants/Beneficiaries; and
(2) (U) In the context of NIVs, see 9 FAM 402.1-4, Derivative Classification of Spouse Accompanying the Principal and 9 FAM 402.1-5(A), Derivative Classification of Child Accompanying or Following to Join the Principal.
f. (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).
g. (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.
h. (U) Properly filed: A petition is “properly filed” when the completed, signed petition, including all initial evidence and the correct fee, is filed with DHS. See 9 FAM 504.2-2(D)(1), Proper Filing and 9 FAM 503.1-2(B), Priority Dates.
i. (U) Public charge: The term means that an individual, 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) (8 U.S.C. 1182(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-1662; 12-06-2022)
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) (8 U.S.C. 1101(a)(42)) who is outside their 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) (8 U.S.C. 1101(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 applicant must maintain an independent household to qualify as an applicant who has a residence in a foreign country and has no intention of abandoning. If the applicant customarily resides in the household of another, that household is the residence in fact.
d. (U) Returning resident:
(1) (U) An LPR who has remained outside the United States for more than one year may be eligible for returning resident IV status if certain conditions are met. See 9 FAM 502.7-2(B), Returning Resident Status; and
(2) (U) See "lawfully admitted for permanent resident" at INA 101(a)(20) (8 U.S.C. 1101(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 country’s 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-1974; 04-23-2024)
a. (U) Sailing Permit: Also referred to as a “Departure Permit”. Resident and nonresident travelers departing the United States usually have to show that they have complied with the U.S. income tax laws before departing from the United States. They do this by obtaining a certificate of compliance, commonly called a "Departure Permit" or "Sailing Permit" from the Internal Revenue Service (IRS). See 9 FAM 602.2-3(C)(2) paragraph b.
b. Unavailable
c. (U) Skilled worker: In the context of E3/EW employment-based third preference IV classification, see 9 FAM 502.4-4(B), Employment Third Preference IV Classifications.
d. Unavailable
e. (U) Sponsor:
(1) (U) In the context of I-864 Affidavits of Support, see 9 FAM 601.14-2, Affidavit of Support Requirement; and
(2) (U) In the context of refugee cases, see 9 FAM 203.6-10, V93 Post-Interview Actions.
f. (U) Subsidiary:
(U) In the context of IV 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.
9 FAM 102.3-20 (U) T Definitions
(CT:VISA-1974; 04-23-2024)
(U) Transportation Letter: Also referred to as a boarding foil. It is provided to recipients of parole, LPRs for a lost, stolen, expired or destroyed/mutilated Form I-551. See 9 FAM 202.2-4 and 9 FAM 604.2-2.
9 FAM 102.3-21 (U) U Definitions
(CT:VISA-1974; 04-23-2024)
(U) USP: USPass, a registered traveler program developed by CBP.
9 FAM 102.3-22 (U) V Definitions
(CT:VISA-1974; 04-23-2024)
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 individual 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 individual may be admitted. See 9 FAM 403.9-4, Validity of Nonimmigrant Visas and 9 FAM 504.10-2(A), Immigrant Visa Validity.
d. Unavailable
9 FAM 102.3-23 (U) W Definitions
(CT:VISA-1771; 05-18-2023)
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, paragraph (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.