UNCLASSIFIED (U)

9 FAM 102.3

(u) Definitions

(CT:VISA-1153;   09-15-2020)
(Office of Origin:  CA/VO)

9 FAM 102.3-1  (U) A Definitions

(CT:VISA-1019;   02-25-2020)

(U) The following

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 502.3-4(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 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 considered crimes involving moral turpitude.  A conviction for an aggravated felony is not a ground of inadmissibility under INA 212 (8 U.S.C. 1182), but a previously removed alien is permanently inadmissible 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.

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 (8 U.S.C. 1158), which requires the alien 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, 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-1019;   02-25-2020)

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) (8 U.S.C. 1182(a)(3)(G)).

f.  Unavailable

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) (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 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) (8 U.S.C. 1101(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-1019;   02-25-2020)

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/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-1019;   02-25-2020)

a. Unavailable

b. (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 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) (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.

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-1019;   02-25-2020)

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) (8 U.S.C. 1182(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-1019;   02-25-2020)

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 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)(1), 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-1141;   08-19-2020)

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 402.12-12(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 individual’s 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-1019;   02-25-2020)

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) (8 U.S.C. 1182(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) (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-1019;   02-25-2020)

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 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) (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 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) (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-1019;   02-25-2020)

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 601.14-4, 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.

 

UNCLASSIFIED (U)