Powell J. Encyclopedia Of North American Immigration

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Japanese Americans were forced to dispose of their

property quickly, usually at considerable loss. Most nisei, or

second-generation Japanese, thought of themselves as thor-

oughly American and felt betrayed by the justice system.

They nevertheless remained loyal to the country, and even-

tually more than 33,000 served in the armed forces during

World War II. Among these were some 18,000 members of

the 442nd Regimental Combat Team, which became one

of the most highly decorated of the war. Throughout the

war, about 120,000 Japanese Americans were interned

under the War Relocation Authority in one of 10 hastily

constructed camps in desert or rural areas of Utah, Arizona,

Colorado, Arkansas, Idaho, California, and Wyoming. The

camps were finally ordered closed in December 1944. The

Evacuation Claims Act of 1948 provided $31 million in

compensation, though this was later determined to be less

than one-10th the value of property and wages lost by

Japanese Americans during their internment.

In Canada, the government bowed to the unified pres-

sure of representatives from British Columbia, giving the

minister of justice the authority to remove Japanese Cana-

dians from any designated areas. While their property was at

first impounded for later return, an order-in-council was

passed in January 1943 allowing the government to sell it

without permission, and then to apply the funds realized to

the maintenance of the camps. With labor shortages by

1943, some Japanese Canadians were allowed to move east-

ward, especially to Ontario, though they were not permitted

to buy or lease lands or businesses. Though it was acknowl-

edged that “no person of Japanese race born in Canada” had

been charged with “any act of sabotage or disloyalty during

the years of war,” the government provided strong incentives

for them to return to Japan. After much debate and exten-

sive challenges in the courts, more than 4,000 returned to

Japan, more than half of whom were Canadian-born citi-

zens. More than 13,000 of those who stayed left British

Columbia, leaving fewer than 7,000 in the province.

With more than 16 million men in arms throughout

the war, the U.S. government reached an agreement with

Mexico to admit mostly agricultural laborers to the United

States. The Emergency Farm Labor Program, commonly

known as the B

RACERO

ROGRAM

, was to cover the period

from 1942 to 1947. It enabled Mexican workers to enter the

United States with certain protections in order to ensure

the availability of low-cost agricultural labor. Despite wages

of 20–50¢ per day and deplorable living conditions in many

areas, braceros, both legal and illegal, continued to come,

finding the wages sufficient to send money home to their

families. The effect of this wartime measure was to be far

reaching. Hundreds of thousands of poor Mexican laborers

were exposed to life in the United States, and their legal

experience under the program soon led to an almost equal

number of illegal immigrants. The Bracero Program was

extended over the years until 1964, by which time Mexico

had become the number one source country for immigra-

tion to the United States.

U.S. servicemen fighting side-by-side with Chinese, Fil-

ipinos, and Asian Indians against imperial Japan led to a new

respect for those who were immigrants. It also became

important that the U.S. government send a signal to former

colonial peoples then suffering under Japanese control. For

both these reasons, the government passed a series of mea-

sures that proved to be beneficial to Asian immigrant

groups. As a result of President Roosevelt’s Executive Order

8802 of 1941, employers were forbidden to discriminate in

hiring on the basis of “race, creed, color, or national ori-

gin.” This opened a wide range of jobs, especially to Fil-

ipinos who had been suffering economically since passage of

the T

YDINGS

-M

UFFIE

of 1934. The government

also lifted its ban on Chinese immigration and naturaliza-

tion in 1943, enabled Filipinos who had served in the U.S.

military to become naturalized citizens in 1943, extended

naturalization privileges to all Filipinos in 1945, and lifted

restrictions on the naturalization of Asian Indians in 1946.

With the ending of the war, two problems affecting

immigration came to the fore. The first and largest was the

refugee question. Some 20 million people had been dis-

placed by the war, and by mid-1945, more than 2 million

were living in European camps, mostly in Germany and

Austria. These included some 9 million Germans returning

to their homeland, more than 4 million war fugitives, several

million people who had been forced into labor camps

throughout the German Reich, millions of Russian prison-

ers of war and Russians and Ukrainians who had served in

the Germany army, and half a million Lithuanians, Latvians,

and Estonians fleeing occupation by Soviet troops. Ameri-

cans and Canadians were shocked to learn of what came to

be known as the Holocaust, Hitler’s attempted destruction

of the entire Jewish population in Europe. Six million Jews

had been murdered in Nazi work camps and death camps,

about 60,000 were liberated, and another 200,000 had sur-

vived in hiding. New humanitarian measures were impera-

tive to cope with the crisis.

As a result, U.S. president Harry Truman issued a direc-

tive on December 22, 1945, stating that U.S. consulates give

first preference in immigration to displaced persons. No par-

ticular ethnic group was singled out, but Truman instead

insisted that “visas should be distributed fairly among persons

of all faiths, creeds, and nationalities.” Of the 40,000 visas

issued under the program, about 28,000 went to Jews. Tru-

man realized that such a measure could only be temporary. In

the debate over a more substantial solution, it became clear

that anti-Semitism remained strong both in Washington,

D.C., and throughout the country. The D

ISPLACED

SONS

of 1948 superseded Truman’s 1945 directive. The

original proposal of 400,000 visas to displaced persons was

gutted in committee, and provisions added that gave prefer-

ence to persons from areas occupied by Soviet troops—the

324 WORLD WAR II AND IMMIGRATION

Baltic republics and eastern Poland—and to agriculturalists.

Both these provisions worked against Jewish refugees. The

main provisions of the act included approval of 202,000 visas

to be issued for two years without regard to quota but

charged to the appropriate quotas in future years; up to 3,000

nonquota visas for displaced orphans; and granting to the

Office of the Attorney General, with the approval of

Congress, the right to adjust the status of up to 15,000 dis-

placed persons who entered the country prior to April 1,

1948. Truman disliked the changes but signed the measure

believing it was the best that could be gotten. The Displaced

Persons Act was amended on June 16, 1950, to add another

121,000 visas, for a total of 341,000, through June 1951.

The number of visas for orphans was raised to 5,000 and

taken as a part of the total authorization of 341,000. The

provision for adjusting the status of previously admitted dis-

placed persons was extended to those who had entered the

United States prior to April 30, 1949. Another section was

added providing 5,000 additional nonquota visas for orphans

under the age of 10 who were coming for adoption through

an agency or to reside with close relatives.

There was a strong proimmigration lobby in Canada,

but Canadian citizens were even less eager than Americans

to admit Jewish refugees. In May 1946, P.C. 2071 autho-

rized Canadian citizens with means to sponsor relatives

outside the normal quota limits. The government also

eased documentation requirements for displaced persons

seeking entry. Finally, in July it provided for the admis-

sion of 3,000 former soldiers from the Polish Free Army,

stipulating only that they work on a farm for one year.

Prime Minister W

ILLIAM

YON

ACKENZIE

ING

’s 1947

statement on immigration suggested that it was wanted

but affirmed that “the people of Canada do not wish, as a

result of mass immigration, to make a fundamental alter-

ation in the character of our population.” During 1947

and 1948, a series of orders-in-council provided for the

admission of 50,000 displaced persons, representing the

first stage of a significant change in Canada’s isolationist

immigration policy. King and his ministers were careful to

screen Jews, communists, and Asians, however, and most

of the early refugee immigration came from the Baltic

countries and the Netherlands. As the economy improved,

restrictions were relaxed. Eventually a total of about

165,000 refugees were admitted to Canada between 1947

and 1953, including large numbers of Poles (23 percent),

Ukrainians (16 percent), Germans and Austrians (11 per-

cent), Jews (10 percent), Latvians (6 percent), Lithuanians

(6 percent), and Hungarians (5 percent).

Less momentous but equally pressing to those affected

was the question of thousands of war brides and their hero

husbands seeking legal means of bringing home their wives.

The U.S. Congress passed the W

RIDES

of Decem-

ber 28, 1945, authorizing admission to the United States of

alien spouses and minor children outside the ordinary quota

system following World War II. Amendments in 1946 and

1947 authorized admission of fiancées for three months as

nonimmigrant temporary visitors, provided they were other-

wise eligible and had a bona fide intent to marry, and made

special provision for Asian wives. Eventually some 115,000

British, 7,000 Chinese, 5,000 Filipina, and 800 Japanese

spouses were brought to the United States, as well as 25,000

children and almost 20,000 fiancées.

Further Reading

Banac, Ivo. T

he National Question in Yugoslavia: Origins, History, Pol-

itics. Ithaca, N.Y.: Cornell University Press, 1989.

olakovi

´c, Branko M. The South Slavic Immigration in America.

Boston: T

wayne, 1978.

———. Y

ugoslav Migrations to America. San Francisco: R. and E.

Resear

ch Associates, 1973.

Djilas, Milovan. Land without J

ustice. New York: Harcourt, Brace,

1958.

akovich, R. P., and M. M. Radovich. Serbs in the United States and

Canada: A Compr

ehensiv

e Bibliography. St. Paul: Immigration

istory Research Center, University of Minnesota Press, 1992.

Glenny, Misha. The Fall of Yugoslavia: The Third Balkan War. Rev. ed.

w York: Penguin, 1996.

Goverchin, G. G. Americans from Yugoslavia. Gainesville: Univ

ersity of

Florida Press, 1961.

Judah, Tim. The Serbs: History, Myth and the Destruction of Yugoslavia.

w Haven, Conn.: Yale University Press, 1998.

Kisslinger, J. The Serbian Americans. New York: Chelsea House, 1990.

Lampe, John.

Yugoslavia as History: Twice There Was a Country. 2d ed.

Cambridge: Cambridge Univ

ersity Press, 2000.

Lencek, R., ed. Twenty Years of Scholarship. New York: Society for

vene Studies, 1995.

Malcolm, Noel. Bosnia: A S

hort History. Rev. ed. New York: New York

niversity Press, 1996.

Petroff, L. Sojourners and Settlers: The Macedonian Community in

onto. Toronto: University of Toronto Press, 1994.

328 YUGOSLAV IMMIGRATION

One of the difficulties in immigration research lies in the evolving nature of rele-

vant terminology. Scholars also frequently use terms in generic, nonspecific ways.

Such variations are explained where appropriate in articles throughout this work.

While context is usually the best guide to the way in which a word is used, it

should be remembered that terms used in government documents have precise

meanings related to specific immigration legislation and regulations. Below are

some of the terms and acronyms commonly encountered in immigration research.

Specific definitions for some terms relative to recent legislation can be found at the

Web sites of the U.S. Citizenship and Immigration Services (USCIS; http://

uscis.gov/graphics/glossary.htm) and Citizenship and Immigration Canada

(http://www.cic.gc.ca/english/pub/imm%2Dlaw.html#glossary; http://www.cic.

gc.ca/English/monitor/glossary.html). Simplified interpretations can sometimes be

found in “Learn the Language of the Immigration Bureaucracy” at the NOLO:

Law for All Web site (www.nolo.com/lawcenter/ency/index.cfm).

Note: Within this glossary, cross-references are in boldface.

329

Glossary

NITED

TAT E S

adjustment to immigrant status Procedure allowing cer-

tain aliens admitted to the United States as nonimmigrants

to have their status changed to that of permanent resident

if they are eligible to receive an immigrant visa and one is

immediately available. In such cases, the alien is counted as

an immigrant as of the date of adjustment.

agricultural worker An alien coming temporarily to the

United States as a nonimmigrant to perform agricultural

labor or services, as defined by the U.S. Department of

Labor.

alien Any person who is not a citizen or national of the

United States. Generally referred to as a foreign national in

Canada.

alien registration receipt card The official name of the

photo identification card given to legal permanent residents

of the United States; commonly known, both inside and

outside the government, as a green card (despite the fact

that it is presently pink). The green card enables the holder

to reenter the United States after temporary absences and to

work legally in the country.

Amerasian (Vietnam) Immigrant category established in

the Act of December 22, 1987, providing for the admis-

sion of aliens born in Vietnam after January 1, 1962, and

before January 1, 1976, whose father was a U.S. citizen.

asylee An alien in the United States who is unable or unwill-

ing to return to his or her homeland because of persecution

or a well-founded fear of persecution based on race, reli-

gion, nationality, membership in a particular social group,

or political opinion. Asylees are eligible to apply for lawful

permanent resident status after one year of continuous resi-

dence in the United States.

asylum Legal status granted to an asylee.

beneficiary An alien who receives immigration benefits

from U.S. Citizenship and Immigration Services.

border patrol sector One of 21 geographic areas of the

United States covered by the activities of U.S. Customs and

Border Protection.

}

business nonimmigrant An alien temporarily in the

United States engaged in international commerce on behalf

of a foreign company.

country of chargeability The country to which an immi-

grant is charged under the quotas of the preference system.

country of former allegiance The previous country of cit-

izenship of a naturalized U.S. citizen.

Cuban/Haitian entrant Immigrant status leading to per-

manent residence accorded by the Immigration Control and

Reform Act of 1986 to 1) Cubans who entered illegally or

were paroled into the United States between April 15 and

October 10, 1980, and 2) Haitians who entered illegally or

were paroled into the country before January 1, 1981, who

have continuously resided in the United States since before

January 1, 1982, and who were known to the Immigration

and Naturalization Service before that date.

Department of Labor The U.S. government agency

responsible for approving job-related visas, it determines

whether there is adequate American labor to fill positions

within U.S. companies.

Department of State The U.S. government agency

responsible for embassies and consulates around the world,

it generally determines who is eligible for visas and green

cards when applications are filed outside the country.

departure under safeguards The departure of an illegal

alien from the United States that is observed by a U.S.

Immigration and Customs Enforcement official.

deportable alien An alien within the United States who is

subject to removal, either because of application fraud or vio-

lation of terms of his or her nonimmigrant classification,

under provisions of the Immigration and Nationality Act.

deportation The formal removal of an alien from the

United States when immigration laws have been violated.

Now referred to as removal, deportation is ordered by an

immigration judge without any additional punishment.

derivative citizenship Citizenship conveyed to children

through the naturalization of their parents.

diversity Under provisions of the Immigration Act of 1990,

a category for redistributing unused visas to aliens from

underrepresented countries. Beginning in fiscal year 1995,

the permanent diversity quota was established at 55,000

annually. The diversity program is sometimes referred to as

the green card lottery program.

employer sanctions Provision of the Immigration Reform

and Control Act of 1986 that prohibits employers from hir-

ing aliens known to be in violation of immigration laws.

Violators are subject to civil fines for violations, and crimi-

nal penalties when a pattern of violations is proven.

exchange visitor An alien temporarily in the United States

as part of a State Department–approved program involving

teaching, studying, conducting research, consulting, or use

of special skills.

exclusion Denial of entry to an alien following an exclusion

hearing, prior to the Illegal Immigration Reform and Immi-

grant Responsibility Act of 1996. After April 1, 1997, the

process of adjudicating inadmissibility was combined with

other functions of the deportation process.

expedited removal Under provisions of the Illegal Immi-

gration Reform and Immigrant Responsibility Act of 1996,

the quick removal of inadmissible aliens who have no entry

documents or who have attempted to use fraudulent docu-

ments. Generally U.S. Immigration and Customs Enforce-

ment can order the removal without reference to an

immigration judge.

fiscal year The 12-month period beginning October 1 and

ending September 30. Prior to 1831 and from 1843 to

1849, the fiscal year was the same 12-month period ending

September 30 of the respective year; from 1832 to 1842 and

from 1850 to 1867, it was the 12-month period ending

December 31 of the respective year; and from 1868 to 1976,

the 12-month period ending June 30 of the respective year.

The transition quarter for 1976 covers the three-month

period, July–September 1976. Many immigration statistics

are based on the fiscal year.

foreign government official A nonimmigrant class of

admission covering aliens residing temporarily in the

United States as accredited officials of a foreign govern-

ment, along with their spouses and unmarried minor or

dependent children.

general naturalization provisions The basic require-

ments for naturalization, unless a member of a special class,

include 1) being 18 years of age and a lawful permanent

resident with five years of continuous residence in the

United States, 2) having been physically present in the

country for half that period, and 3) having established

“good moral character.”

geographic area of chargeability One of five regions—

Africa, East Asia, Latin America and the Caribbean, Near

East and South Asia, and the former Soviet Union and East-

ern Europe—against which refugees to the United States are

charged. Annual consultations between the executive branch

and the Congress determine the ceilings for each region.

green card See alien registration receipt card.

hemispheric ceilings Under provisions of the Immigration

and Nationality Act of 1965, the ceilings imposed on immi-

gration from each hemisphere between 1968 and 1978.

Immigration from the Eastern Hemisphere was set at

170,000; immigration from the Western Hemisphere was

set at 120,000. From October 1978, hemispheric ceilings

were abolished in favor of a single comprehensive ceiling.

immediate relatives Certain immigrants, including

spouses of citizens, unmarried children under 21, and par-

ents of citizens 21 and older, who are exempt from the

numerical limitations imposed on immigration to the

United States.

330 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

immigration judge An attorney appointed by the U.S. attor-

ney general to conduct various immigration proceedings.

inadmissible The status of an alien seeking admission who

does not meet the criteria established for admission, gener-

ally because of criminal records, health problems, an inabil-

ity to provide financial support, or potential subversiveness.

Previously the term was excludable.

I-94 card A card given to all nonimmigrants entering the

United States as evidence they have entered legally.

international representative A nonimmigrant class of

admission under which an alien temporarily resides in the

United States as an accredited representative of a foreign

government to an international organization; includes

spouses and unmarried minor or dependent children.

labor certification Category established by the Depart-

ment of Labor in order to enable entry of alien workers on

the basis of job skills or services to U.S. employers; often a

first step toward obtaining a green card.

legalized aliens Under provisions of the Immigration

Reform and Control Act of 1986, certain illegal aliens were

eligible to apply for temporary resident status, which then

could lead to permanent residency. Eligibility required con-

tinuous residence in the United States as an illegal alien

from January 1, 1982; that one not be excludable, and have

entered the United States either 1) illegally before January 1,

1982, or 2) as a temporary visitor before January 1, 1982,

with one’s authorized stay expiring before that date or with

the government’s knowledge of his or her unlawful status

before that date.

lottery See diversity.

migrant A person who seeks residence in a country other

than his or her own.

national A person owing allegiance to a state.

naturalization Conferring U.S. citizenship upon a person

after birth. Requirements include 1) being at least 18 years

of age, 2) having been lawfully admitted to the United States

for permanent residence, and 3) having resided in the coun-

try continuously for at least five years. Applicants must also

demonstrate a certain level of knowledge of U.S. govern-

ment and history; the ability to speak, read, and write

English; and “good moral character.” A prominent excep-

tion is spouses of citizens, who may be naturalized after

three years of residence.

nonimmigrant An alien who seeks temporary entry to the

United States. Nonimmigrant classifications include foreign

government officials, business travelers, tourists, aliens in

transit, students, international representatives, temporary

workers, representatives of foreign media, exchange visitors,

fiancés of U.S. citizens, intracompany transferees, North

Atlantic Treaty Organization (NATO) officials, religious

workers, and some others. Most nonimmigrants can be

accompanied by spouses and unmarried minor or depen-

dent children.

nonpreference category Nonpreference visas were avail-

able to qualified applicants not entitled to a visa under one

of six preference categories until the category was eliminated

by the Immigration Act of 1990. Nonpreference visas for

persons not entitled to the other preferences had not been

available since September 1978 because of high demand in

the preference categories.

Panama Canal Act immigrants A special immigrant cat-

egory created by the Act of September 27, 1979, including

1) certain former employees of the Panama Canal Company

or Canal Zone Government, their spouses, and accompany-

ing children; and 2) certain former Panamanian nationals

who were employees of the U.S. government in the Panama

Canal Zone, their spouses, and children. The act provided

for admission of a maximum of 15,000 immigrants, at a rate

of no more than 5,000 each year.

parolee An alien who appears to be inadmissible, but who is

allowed into the United States for urgent humanitarian rea-

sons or for reasons of significant public benefit. Parole con-

fers temporary status only. Parolees include those with

documents but about whom there is still some question;

those coming for emergencies not permitting time for ordi-

nary application for documentation, as in the case of fire-

fighters or other emergency workers, or for funerals; those

requiring emergency medical care; those who take part in

legal proceedings on behalf of the government; and those

authorized for certain long-term admissions under special

legislation.

per-country limit The maximum number of preference

visas that can be issued to citizens of any country in a fiscal

year. The limits are calculated each fiscal year depending on

the total number of family-sponsored and employment-

based visas available. Each country is limited to a maximum

of 7 percent of the visas, though the combined workings of

the preference system and per-country limits keep most

countries from reaching the maximum.

permanent resident alien An alien given permanent resi-

dence in the United States; also known as a green-card holder.

Permanent residents are commonly referred to as immi-

grants, though under provisions of the Immigration and

Nationality Act, some illegal aliens are officially immigrants,

without being permanent resident aliens. Commonly

known in Canada as a landed immigrant.

port of entry Any location designated by the U.S. govern-

ment as a point of entry for aliens and U.S. citizens, includ-

ing all district and files control offices, which become

locations of entry for aliens adjusting to immigrant status.

preference system The system utilized to allocate visas to

the United States. Between 1981 and 1991, the 270,000

immigrant visas were allocated in six categories: 1) unmarried

sons and daughters (over 21 years of age) of U.S. citizens

(20 percent), 2) spouses and unmarried sons and daughters

of aliens lawfully admitted for permanent residence (26 per-

cent), 3) professionals or persons of exceptional ability in

GLOSSARY 331

the sciences and arts (10 percent), 4) married sons and

daughters of U.S. citizens (10 percent), 5) brothers and sis-

ters of U.S. citizens over 21 years of age (24 percent), and 6)

needed skilled or unskilled workers (10 percent). A nonpref-

erence category, historically open to immigrants not entitled

to a visa number under one of the six preferences just listed,

had no numbers available beginning in September 1978.

This system was amended by the Immigration Act of 1990,

effective fiscal year 1992 and including nine categories. Fam-

ily-sponsored preferences include 1) unmarried sons and

daughters of U.S. citizens; 2) spouses, children, and unmar-

ried sons and daughters of permanent resident aliens; 3) mar-

ried sons and daughters of U.S. citizens; and 4) brothers and

sisters of U.S. citizens. Employment-based preferences

include 1) priority workers, including outstanding professors

and researchers and multinational executives and managers;

2) professionals with advanced degrees or aliens with excep-

tional ability; 3) skilled workers, professionals without

advanced degrees, and needed unskilled workers; 4) special

immigrants; and 5) investors.

principal alien The alien who applies for immigrant status

and from whom another alien derives lawful status, usually

spouses and unmarried minor children.

refugee Any person outside his or her country of nationality

who is unable or unwilling to return to that country because

of persecution or a well-founded fear of persecution based

upon race, religion, nationality, membership in a particular

social group, or political opinion. Under the Refugee Act of

1980, refugee admission ceilings are established annually

by the president in consultation with Congress. Refugees are

eligible to adjust to lawful permanent resident status after

one year of continuous presence in the United States. Com-

monly known in Canada as convention refugee.

refugee-parolee A qualified applicant for conditional entry

paroled into the United States under the authority of the

attorney general between February 1970 and April 1980

because of inadequate numbers of visas.

removal The expulsion of an alien from the United States,

based on grounds of inadmissibility or deportability; for-

merly known as deportation. Those removed are not allowed

to return to the United States for at least five years.

resettlement Permanent relocation of refugees in a host

country; generally carried out by private voluntary agencies

working with the Department of Health and Human Ser-

vices Office of Refugee Resettlement.

seasonal agricultural workers (SAW) Under provisions

of the Immigration Reform and Control Act of 1986, aliens

who perform labor in perishable agricultural commodities

for a specified period of time are admitted as special agri-

cultural workers for temporary, and then permanent, resi-

dence. Applicants are required to have worked at least 90

days in each of the three years preceding May 1, 1986, to

be eligible. Adjustment to permanent resident status is

“essentially automatic.”

special immigrants Certain categories of immigrants

exempt from numerical limitations by special legislation,

including religious workers, foreign doctors, and former

employees of the U.S. government.

sponsor Generally a petitioner to the U.S. government on

behalf of a prospective immigrant. Sponsors are usually

prospective employers or close relatives who are citizens or

permanent residents.

temporary protected status (TPS) Status established by

the Office of the Attorney General for allowing a group of per-

sons temporary refuge in the United States, initially for periods

of six to 18 months though extensions may be granted.

temporary resident See nonimmigrant.

temporary worker An alien temporarily residing in the

United States for specifically designated purposes of work,

including health care workers, agricultural workers, athletes

and performers, and others performing work for which U.S.

citizens are not available.

treaty trader or investor A nonimmigrant class of admis-

sion, allowing an alien manager or investor, along with

spouse and unmarried minor children, to enter the United

States under provisions of a treaty of commerce and naviga-

tion between the United States and another country.

underrepresented countries, natives of Under the

Immigration Amendments of 1988, 10,000 visas were

reserved for natives of underrepresented countries in each of

fiscal years 1990 and 1991 (those receiving less than 25 per-

cent of the maximum allowed under the country limitations

in fiscal year 1988). See diversity.

visa Permission granted to aliens for entry into the United

States, usually represented by a stamp placed in a passport.

visa waiver program Program provided by the Immigra-

tion Reform and Control Act of 1986 allowing business and

tourist travelers of selected countries temporary entry to

the United States for a period of up to 90 days without

obtaining nonimmigrant visas.

voluntary departure The departure of an alien from the

United States without an order of removal, conceding

removability but allowing for reapplication of admission at

a port of entry at any time.

ANADA

business immigrant Investors, entrepreneurs, and self-

employed immigrants who are enabled to become perma-

nent residents of Canada as a result of meeting financial

standards; spouses and children also included.

Canadian citizen One who is Canadian by birth or who

has received a citizenship certificate from Citizenship and

Immigration Canada.

conjugal partner A person outside Canada who has main-

tained a conjugal relationship with the sponsor for at least

one year; includes both opposite-sex and same-sex couples.

332 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

convention refugee Any person who 1) by reason of a well-

founded fear of persecution for reasons of race, religion,

nationality, membership in a particular social group or polit-

ical opinion, is outside his or her country of nationality and

is unable or unwilling to return, or 2) not having a country

of nationality, is outside the country of his or her former res-

idence and is unable or unwilling to return to that country.

Commonly known in the United States simply as a refugee.

departure order An order issued to a person who has vio-

lated the Immigration and Refugee Protection Act, requir-

ing immediate departure, though it does permit

reapplication for admission. A departure order becomes a

deportation order if the person does not leave Canada

within 30 days or fails to obtain a certificate of departure

from Citizenship and Immigration Canada.

dependent The spouse, common-law partner or conjugal

partner, and children of a landed immigrant. Children must

be under the age of 22, unmarried, and not in a common-

law relationship; or have been full-time students since before

age 22 and still substantially dependent upon parent sup-

port; or over 22 but dependent from before age 22 for med-

ical reasons.

deportation order A removal order issued to someone who

is inadmissible to Canada on “serious grounds” or who has

committed a serious violation of Canadian law; perma-

nently bars future admission to Canada.

economic immigrant Someone selected for admission

under the Immigration and Refugee Protection Act for his

or her ability to contribute to certain predesignated needs in

the Canadian economy.

entrepreneur A foreign national who is admitted to

Canada on the basis of 1) a net worth of at least 300,000

Canadian dollars or 2) management and control of a busi-

ness for at least two years within a period of not more than

five years.

examination A procedure whereby an immigration officer

interviews or examines persons applying for visas, seeking

entry to Canada, applying to change or cancel conditions

of their entry to Canada, sponsoring foreign nationals, or

making refugee claims.

exclusion order A removal order barring entry to Canada

for either one or two years.

family class The class of immigrants made up of close rela-

tives of a sponsor in Canada, including spouses; common-

law or conjugal partners; dependent children; parents and

grandparents; children for whom the sponsor is a guardian;

siblings, nephews, nieces, and grandchildren who are

orphans under 18 years of age; and children under 18 who

will be adopted while in Canada.

foreign national A person who is not a Canadian citizen or

a permanent resident. This includes a stateless person. Gen-

erally referred to as an alien in the United States.

foreign student A temporary resident approved to study in

Canada. Under provisions of the Immigration and Refugee

Protection Act of 2002, study permits identify the level of

study and length of time students are permitted to remain in

the country.

foreign worker A foreign national authorized to enter

Canada temporarily after having been issued an employ-

ment authorization.

government-assisted refugees Convention refugees

selected under the Immigration and Refugee Protection Act

or as members of the Persons Abroad classes who receive reset-

tlement assistance from the Canadian federal government.

investor A foreign national who 1) has business experience,

2) has a legally obtained net worth of at least 800,000 Cana-

dian dollars, and 3) has invested 400,000 Canadian dollars

before receiving a visa.

Joint Assistance Sponsorship (JAS) Designed to assist in

difficult refugee transitions, the JAS is generally a joint

undertaking including Citizenship and Immigration

Canada and a private sponsoring group on behalf of refugees

whose admissibility depends on sponsor support. Under the

program, CIC provides financial costs of food, shelter,

clothing, and essential household goods, while the sponsor-

ing group provides orientation, settlement assistance, and

emotional support.

landed immigrant An immigrant granted permanent resi-

dence status in Canada. Commonly known in the United

States as a permanent resident alien.

level of skill Categories established by the National Occu-

pational Classification (NOC) system for classifying foreign

workers: 0 (managerial); A (professional); B (skilled and

technical); C (intermediate and clerical); D (elemental and

labor); E (not stated; usually associated with special pro-

grams).

permanent resident Permanent residents have the right

to enter or remain in Canada. Conditions may be imposed

for a certain period on some permanent residents, such as

entrepreneurs. A permanent resident must live in Canada

for at least 730 days (two years) within a five-year period.

Permanent residents must comply with this residency

requirement or risk losing their status.

permanent resident card Received by permanent resi-

dents as proof of their status in Canada. Replacing the for-

mer Record of Landing, the card is a secure,

machine-readable, and fraud-resistant document, valid for

five years.

pre-removal risk assessment (PRRA) A formal process

for reviewing risk to a person before he or she is deported.

The PRRA gives the opportunity to apply to remain in

Canada to persons who may be exposed to compelling per-

sonal risk if removed.

protected person A foreign national on whom refugee

protection is conferred. If the individual meets the speci-

fied requirements, the protected person acquires permanent

GLOSSARY 333