Interpreting in Immigration Court and as an Analytical Linguist
Interactive Book and Workbook
(this book is only available to students registered in the
Interpreting in Immigration Court and as an Analytical Linguist course)
Lecture 2
By Néstor Wagner
52
Interpreting in Immigration Court and as an Analytical Linguist
Interactive Book and Workbook
By Néstor Wagner
© 2014 by Néstor Wagner
Southern California School of Interpretation
SCSI Media
Santa Fe Springs, CA 90670
800.625.6222
All rights reserved. No part of this book may be reproduced in any form or by any
means without the written permission of the author.
Printed in the United States of America
10 9 8 7 6 5 4 3 2 1
ISBN Pending
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CONTENTS
Lecture 2
Definition of Icons used in this Interactive Book and Workbook
Lecture 2
Immigration Terminology (Letters B and C)
Immigration Abbreviations
Immigration Forms
Immigration Proceedings
Master Calendar Hearings – Initial Hearing - Removal
Homework Assignment
54
55
57
61
65
68
77
Definition of Icons Used in this Interactive
Book
Material discussed and explained in class.
Practice included in the onsite practices and/or interpreting laboratory.
(Practice can be heard if you click on this icon only while reading this manual in your website)
Video of a similar proceeding shown in class.
(Video can also be shown if you click on this icon only while reading this manual in your website)
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Interpreting in Immigration Court
and as an Analytical Linguist
Lecture 2
56
Immigration Terminology
Translation and Explanation of Terms
Beneficiary: An applicant for a visa as named in a petition from the DHS, USCIS.
Spanish Translation: _______________________________.
Biometrics: Biologically unique information used to identify individuals. This information
can be used to verify identity or check against other entries in the database. The best
known biometric is the fingerprint, but others include facial recognition and iris scans.
Spanish Translation: _______________________________.
Cancelled Without Prejudice: A stamp an embassy or consulate puts on a visa when
there is a mistake in the visa or the visa is a duplicate visa (two of the same kind). It
does not affect the validity of other visas in the passport. It does not mean that the
passport holder will not get another visa.
Spanish Translation: _______________________________.
Case Number: The National Visa Center (NVC) gives each immigrant petition a case
number. This number has three letters followed by ten digits (numbers). The three
letters are an abbreviation for the overseas embassy or consulate that will process the
immigrant visa case (for example, GUZ for Guangzhou, CDJ for Ciudad Juarez).
The digits tell us exactly when NVC created the case. For example a case with the
number MNL2001747003 would be a case assigned to the U.S. Embassy in Manila.
2001 is the year in which NVC received the case from the USCIS (formerly INS). The
Julian date is 747 plus 500, so this case was created on September 4, 2001, the 247th
day of the year. The 003 shows that it was the third case created for Manila on that day.
This case number is not the same as the USCIS receipt number, which is written on the
Notice of Action, Form I-797, from the USCIS. A consular section abroad cannot find a
case if all you have is the USCIS receipt number.
Spanish Translation: _______________________________.
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Certificate of Citizenship: A document issued by the DHS as proof that the person is a
U.S. citizen by birth (when born abroad) or derivation (not from naturalization). The
Child Citizenship Act of 2001 gives American citizenship automatically to certain
foreign-born children of American citizens. These children can apply for certificates of
citizenship.
Spanish Translation: _______________________________.
Certificate of Naturalization: A document issued by the DHS as proof that the person
has become a U.S. citizen (naturalized) after immigration to the U.S.
Spanish Translation: _______________________________.
Change Status: Changing from one nonimmigrant visa status to another nonimmigrant
visa status while a person is in the U.S. is permitted for some types of visas, if approved
by USCIS. Requests for change of status must be made by the visa holder to the DHS,
USCIS. USCIS determines whether the request is approved or denied.
Spanish Translation: _______________________________.
Charge/Chargeable: There are numerical limits on the number of immigrant visas that
can be granted to aliens from any one foreign country. This limit is the same for all
countries. The limit is based on place of birth, not citizenship. Where the immigrant is
"charged", means that person is counted towards a given country's numerical limit. For
example, an immigrant born in Ethiopia is "charged" to Ethiopia, and therefore counted
towards reaching the numerical limit for that country. The person would be "charged" to
Ethiopia, even if the immigrant born in Ethiopia was born of Yemeni parents and has a
passport from Yemen.
Although immigrants are normally "charged" to their country of birth, an immigrant is
sometimes able to claim another for the sake of immigration. You would do this if it
helps the immigrant in reaching the "cut-off date" date faster. For example, suppose you
were born in India, but your spouse was born in Sudan. The "cut-off date" for a person
born in India is earlier in family fourth preference immigration category than the "cut-off
date" for a person born in Sudan. We can "charge" you to Sudan, rather than India, and
you can use the more favorable cut-off date for Sudan. Therefore, you would be able to
immigrate years earlier with a chargeability to Sudan than a chargeability to India.
Spanish Translation: _______________________________.
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Child: Unmarried child under the age of 21 years. A child may be natural born, step or
adopted. If the child is a stepchild, the marriage between the parent and the U.S. citizen
must have occurred when the child was under the age of 18. If the child is adopted,
he/she must have been adopted with a full and final adoption when the child was under
the age of 16, and the child must have lived with and been in the legal custody of the
parent for at least two years. An orphan may qualify as a child if he/she has been
adopted abroad by an U.S. citizen or if the U.S. citizen parent has filed an immediaterelative (IR) visa petition for him/her to go to the U.S. for adoption by the U.S. citizen.
In certain visa cases a child continues to be classified as a child after he/she becomes
21, if the petition was filed for him/her when he/she was still under 21 years of age. For
example, an IR-2 child of an U.S. citizen remains a child after the age of 21 if a petition
was filed for him/her on or after August 6, 2002, when he/she was still under 21 years
old. The child must meet other requirements of a child as listed above.
Spanish Translation: _______________________________.
Code of Federal Regulations: This code includes useful information on the laws
regulating U.S. visa policy.
Spanish Translation: _______________________________.
Cohabit: To live together without a legal marriage ceremony.
Spanish Translation: _______________________________.
Common-law marriage: An agreement between a man and woman to enter into
marriage without a civil or religious ceremony. It may not be recognized as a marriage
for immigration purposes.
Spanish Translation: _______________________________.
Conditional residence (CR) visa: If you have been married for less than two years
when your husband or wife (spouse) gets lawful permanent resident status (gets a
green card), then your spouse gets residence on a conditional basis. After two years
you and your spouse must apply together to the DHS to remove the condition to the
residence.
Spanish Translation: _______________________________.
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Consulate: Work place of a diplomat whose job is to look after the interest of its citizens
in a foreign country. This is also where visas are processed.
Spanish Translation: _______________________________.
Current/non-current: There are numerical limits on the number of immigrant visas that
can be granted to aliens from any one foreign country. The limit is based on place of
birth, not citizenship. Because of the numerical limits, this means there is a waiting time
before the immigrant visa can be granted. The terms current/non-current refer to the
priority date of a petition in preference immigrant visa cases in relationship to the
immigrant cut-off date. If your priority date is before than the cut-off date according to
the monthly Visa Bulletin, your case is current. This means your immigrant visa case
can now be processed. However, if your priority date is later/comes after the cut-off
date, you will need to wait longer, until your priority date is reached (becomes current).
Immediate relative immigrant visa cases do not have country numerical limits, with
waiting times as a result of the country limits. The terms priority date, cut-off date and
current/non-current does not apply for immediate relative cases.
Spanish Translation: _______________________________.
Cut-off Date: The date that determines whether a preference immigrant visa applicant
can be scheduled for an immigrant visa interview in any given month. The cut-off date is
the priority date of the first applicant who could not get a visa interview for a given
month. Applicants with a priority date earlier than the cut-off date can be scheduled.
However, if your priority date is on or later than the cut-off date, you will need to wait
longer, until your priority date is reached (becomes current).
Spanish Translation: _______________________________.
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Immigration Abbreviations
INA
Immigration and Nationality Act
Spanish Translation: _______________________________.
IBIS
Interagency Border Inspection System
Spanish Translation: _______________________________.
INS
Immigration and Naturalization Service (old name for now USCIS)
Spanish Translation: _______________________________.
IMBRA
International Marriage Brokers Act
Spanish Translation: _______________________________.
IRS
Internal Revenue Service
Spanish Translation: _______________________________.
ISP
Internet Service Provider
Spanish Translation: _______________________________.
IVACS
Immigrant Visa Applicant Control System
Spanish Translation: _______________________________.
JFK
John F. Kennedy International Airport
Spanish Translation: _______________________________.
NG
Newsgroup
Spanish Translation: _______________________________.
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NBC
National Benefits Center (in Missouri)
Spanish Translation: _______________________________.
NOA
The "NOA" is internet-speak for the I-797 "Notice of Action" -- with
"NOA1" being the receipt and "NOA2" being the notice of approval.
[Please note that there is the possibility of other I-797's being
generated prior to approval notices].
Spanish Translation: _______________________________.
NSC
Nebraska Service Center
Spanish Translation: _______________________________.
NVC
National Visa Center (in New Hampshire)
Spanish Translation: _______________________________.
PDF
Adobe Portable Document Format (used by Adobe Reader)
Spanish Translation: _______________________________.
PISS
Pre-INS Submission Syndrome
Spanish Translation: _______________________________.
POE
Port of Entry. Usually airport or border crossing inspection post.
Spanish Translation: _______________________________.
PR
Permanent Resident (Also LPR - Legal Permanent Resident)
Spanish Translation: _______________________________.
RFE
Request for Evidence
Spanish Translation: _______________________________.
SIF
Sign In Failed
Spanish Translation: _______________________________.
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SO
Significant Other
Spanish Translation: _______________________________.
SSA
Social Security Administration
Spanish Translation: _______________________________.
SSN
Social Security Number
Spanish Translation: _______________________________.
Touch
When the UCSIS "Touches" your petition or file it means that an
action was taken which required your file to be physically touched or
moved. Example: Your file is touched when it is given to an
adjudicator to process.
Spanish Translation: _______________________________.
TPS
Temporary Protected Status
Spanish Translation: _______________________________.
TSC
Texas Service Center
Spanish Translation: _______________________________.
USC
US Citizen
Spanish Translation: _______________________________.
USCIS
US Citizenship and Immigration Services (part of the Department of
Homeland Security)
Spanish Translation: _______________________________.
US
Visit
System in airports that captures biometrics of people entering the
country
Spanish Translation: _______________________________.
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VSC
Vermont Service Center
Spanish Translation: _______________________________.
VWP
Visa Waiver Program
Spanish Translation: _______________________________.
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Immigration Forms
I-212
Application for Permission to Reapply for Admission into the United States
After Deportation or Removal
Spanish Translation: _______________________________.
I-468
Data Collection for Alien Documentation, Identification &
Telecommunications System (ADIT). A processing form. Similar to WR-702
or WR-703.
Spanish Translation: _______________________________.
I-485
Adjustment of Status form. Must be filed after the wedding to begin process
of transferring status to permanent resident.
Spanish Translation: _______________________________.
I-551
Alien Registration Receipt Card. The 'Green' Card. After a successful
interview at the USCIS (INS) office, this will be stamped in the passport
and the laminated card send afterwards.
Spanish Translation: _______________________________.
I-601
Application for Waiver of Ground of Excludability.
Spanish Translation: _______________________________.
I-688
This is the number of a laminated Employment Authorization Document.
(Currently version I-688B).
Spanish Translation: _______________________________.
I-693
Civil Surgeons Medical Report.
Spanish Translation: _______________________________.
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I-693A
Medical supplement. This documentation of immunization form is used by
the civil surgeon to transfer the beneficiary's vaccine history prior to
completing the adjustment of status.
Spanish Translation: _______________________________.
I-751
Petition to remove conditions. This form must be filed jointly by original
petitioner and beneficiary in the 3 months prior to the 2nd anniversary of
obtaining conditional permanent residency.
Spanish Translation: _______________________________.
I-765
Application for Employment Authorization Document.
Spanish Translation: _______________________________.
I-797
Notice of Action. Both the receipt notice, and approval notice will be issued
on this form.
Spanish Translation: _______________________________.
I-864
Affidavit of support. This form is to be filed with I-485 when adjusting
status, an immigrant visa and other USCIS benefits.
Spanish Translation: _______________________________.
I-864EZ
Simplified version of the Affidavit of support used in some situations.
Spanish Translation: _______________________________.
I-865
Sponsors change of address. If you signed the I-864 affidavit, you must
report change of your address within 10 days.
Spanish Translation: _______________________________.
9003
"Additional Questions to be Completed by All Applicants for Permanent
Residence in the United States" (an old form no longer used by the Internal
Revenue Service).
Spanish Translation: _______________________________.
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N-400
Application for Naturalization (to United States Citizen).
Spanish Translation: _______________________________.
N-600
Application for Certificate of Citizenship.
Spanish Translation: _______________________________.
WR-702
or
WR-703
Data Collection for Alien Documentation, Identification &
Telecommunications System (ADIT). A processing form. Similar to I-468.
Spanish Translation: _______________________________.
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Immigration Proceedings
Master Calendar Hearing - Initial Hearing - Removal
Respondent Appears with Counsel
Respondent Pleads to the Charges
Definition
Removal proceedings are begun when the government issues a Notice to Appear
(NTA). The NTA is presented to an Immigration Judge who must decide whether to
order you removed from the United States or allow you to remain. An NTA is a list of
allegations that the government must prove about you. In addition, the NTA contains
a charge of removability. Essentially, the government is stating that, if they can prove
the following allegations, then an immigration judge must conclude that you are
removable from the U.S. For example, if you are here on a student visa, an NTA
may allege that you failed to attend school and are therefore removable for failing to
maintain your student status. Or, if you are a permanent resident, the NTA may
allege that you have been convicted of a crime which makes you removable. While
the allegations that must be proven are distinct, the proceedings are pretty similarthe government must prove its allegations to establish that you are removable. If
those allegations cannot be proven, then the Immigration Judge should terminate
removal proceedings.
The NTA may contain a hearing date when you have to appear in front of an
immigration judge. If you do not show up on that date, you will be ordered removed
in your absence. That initial hearing is called a master calendar hearing. A master
calendar hearing is a very brief hearing in front of the judge that introduces the court
to your case and your defense. Many people are scheduled at the same time and an
individual will only be in front of the judge for a few minutes. At the first master
hearing, the judge will ask you to reply to the allegations and charges on the
NTA. You have the right to admit or deny the allegations and charges. Just like on
TV or Law and Order. You can say that you admit or deny, which is like saying
“guilty” or “not guilty.” How often does anyone on Law and Order say “guilty” at the
first hearing? Almost never! Yet, immigrants and their attorneys do it every
day. When the government must prove the allegations and charges, you only make it
easier for the government to remove you if you admit the allegations and charges. If
you deny the allegations, the government must produce evidence to prove their
charges.
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If the government has the evidence to prove the charges or the immigrant (called
“respondent”) admits the charges, removability will be established and the Judge can
order the respondent removed. Yet, the respondent is able to apply for relief from
removal. Just because someone is removable does not mean that they must be
removed. Many people are eligible for relief from removal. In other words, they get
the chance to convince the judge that there are good reasons why they should be
allowed to stay in the U.S.
At the master hearing, the Judge may schedule another hearing to give the
government a chance to prove its allegations and charges or, if the government
proves it, will schedule a hearing to hear the respondent’s application for relief from
removal. That type of hearing is called an individual or merits hearing. Before the
individual hearing, the government and the respondent must submit evidence and
arguments to the judge. For the respondent, the evidence may be an application for
relief. The government may introduce evidence of convictions or other conduct. The
individual hearing lasts much longer than the master calendar hearing and is for the
judge to consider all the evidence, arguments and to hear testimony from the
respondent or other witnesses. Generally, at the end of the hearing, the Judge will
issue a decision and give the reasons for either granting relief from removal or
ordering removal.
Both the government and the respondent have the opportunity to appeal the judge’s
decision. If the judge has ordered removal, an appeal provides an automatic stay on
the order of removal, meaning that the government cannot remove an individual while
the appeal is pending at the Board of Immigration Appeals. An appeal must be filed
within thirty days of the judge’s decision.
Judge:
What language do you speak and understand best?
Respondent:
Solamente hablo español.
Judge:
These proceedings will be interpreted today in the Spanish language.
Judge:
This is an initial removal hearing before Immigration Judge Ronald
Magallanes in the city of Miami, State of Florida on January 15th, 2014, in
the matter of Mario Carmona, case number A738928363.
Judge:
Counsel for the respondent, please state your appearance for the record.
Counsel: Charles Solas representing Mr. Carmona, the respondent in this matter.
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Judge:
Counsel for the Government, please state your appearance for the record.
US Government:
Sandra Rollings for the US Government, Your Honor.
Judge:
The interpreter today is Marcela Ramos.
Judge:
Mr. Carmona, can you hear the interpreter clearly through the
headphones?
Respondent:
Judge:
Do you understand the interpreter?
Respondent:
Judge:
Sí.
If at any time, you have difficulty understanding the interpreter, please let
me know immediately.
Respondent:
Judge:
Sí.
Gracias.
Ms. Ramos, the Spanish interpreter, do you swear or affirm that you are
competent to interpret from English to Spanish and from Spanish to
English, and that you will do so accurately and completely?
Interpreter:
I do.
Judge:
Mr. Carmona, the Government asserts that you are in the US in violation
of law. The purpose of the hearing is to determine whether you are an
alien and, if so, if you are in the US in violation of law. The Court must
determine whether there any provisions of law that would permit you to
remain in the US permanently and, if that is not possible, whether you will
be leaving the US under an order of removal or an order of voluntary
departure. These questions will be answered after hearing all of the facts
of the case.
Judge:
Let me now swear in the Respondent in this matter. Mr. Carmona, would
you be willing to swear an oath to tell the truth?
Respondent: Sí. Yo siempre digo la verdad y no tengo problema ser juramentado.
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Judge:
Please stand and raise your right hand. Do you swear that the testimony
you will provide in these proceedings will be the truth, the whole truth, and
nothing but the truth?
Respondent: Sí
Judge:
Please state your full and true name for the record.
Respondent:
Judge:
Where do you currently live?
Respondent:
Judge:
Mario Carmona.
385 Noreste de la 191, en Miami, Florida.
You are being provided with a blue change of address form. If you do
move at any time during these proceedings, you must complete a change
of address form and file it with the court within five days of moving. Do
you understand?
Note: If the respondent provides a different address than the one on the record, the
judge will add the following line:
Judge: Please complete two blue change of address forms and complete them
at this time. Please provide one to the court clerk and the other to the
government attorney. Please take an additional blue change of address
form with you. If you move again at any time during these proceedings,
you must complete a change of address form and file it with the court
within five days of moving. Do you understand?
Respondent: Sí.
Judge:
The purpose of these proceedings is to determine whether or not you
should be allowed to remain in the United States. Do you understand?
Respondent: Sí.
Judge:
Counsel, I have a charging document in the name of your client dated
November 18th, 2013. Does he waive a formal reading of his/her rights in
these proceedings?
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Counsel:
Yes, Your Honor.
Judge:
Does your client concede that he is the person named therein and that he
has been properly served?
Counsel:
Yes, Your Honor.
Judge:
Does your client waive a full and complete reading of the charges against
him?
Counsel:
Yes, Your Honor.
Judge:
I will mark and admit the NTA as Exhibit 1 in the record. Counsel, are you
ready to plead on behalf of your client?
Counsel:
Yes, Your Honor.
Judge:
How does your client plead to the two factual allegations and the three
charges included in the charging document filed by the Government on
November 18th, 2013?
Counsel:
Mr. Carmona admits the factual allegations and concedes the charges
included in the Notice to Appear.
Judge:
On the basis of these admissions and concession of the charges, I find
that the Respondent is removable as charged.
Judge:
Does your client wish to designate a country of removal should removal
become necessary?
Counsel:
No, Your Honor. The respondent leaves that to the discretion of the Court.
However, my client would like to request a voluntary departure.
Judge:
Does the government have a recommendation?
US Government: No, Your Honor.
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Judge:
Based on the fact of this case, this Court will grant the respondent’s
request for voluntary departure. Mr. Carmona, the Court has granted you
the privilege of voluntary departure. This means that you must leave the
United States on or before the date provided to you by this Court or by
any date granted to you by the Field Office Director of the Department of
Homeland Security. You must also post the voluntary departure bond set
by the court within 30 days of today’s date. If you fail to leave the United
States by either of these dates, then you will be ordered removed and
deported from the United States. If this happens, your voluntary departure
bond will be breached, and you will be subject to civil penalties of
between $1,000 and $5,000. Additionally, if you fail to timely depart the
United States and are ordered removed, you will become ineligible for
certain forms of relief, such as voluntary departure, cancellation or
suspension of removal, adjustment of status, or change of status for a
period of 10 years. Do you understand the consequences of failing to
depart voluntarily as you have promised?
Respondent: Sí.
Note: If the Judge does not allow voluntary departure, then the judge will use the
following line:
Judge: The Court designates El Salvador as the country or removal should
removal become necessary.
Judge:
There being nothing further, this hearing is adjourned.
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Key Terminology for MCH - Removal
Below please find the key terminology for the script on Master Calendar - Removal,
shown on the previous pages.
The Government asserts
Spanish Translation:
_____________________________________________.
I have a charging document in the name of your client
Spanish Translation:
_____________________________________________.
Does your client concede that he is the person named therein and that he has been
properly served?
Spanish Translation:
______________________________________________
______________________________________________.
I will mark and admit the NTA as Exhibit 1 in the record.
Spanish Translation:
_____________________________________________.
How does your client plead to the two factual allegations?
Spanish Translation:
______________________________________________
______________________________________________.
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Charging document
Spanish Translation:
_____________________________________________.
On the basis of these admissions and concession of the charges, I find that the
Respondent is removable as charged.
Spanish Translation:
______________________________________________
______________________________________________.
The respondent leaves that to the discretion of the Court.
Spanish Translation:
_____________________________________________.
This Court will grant the respondent’s request for voluntary departure.
Spanish Translation:
______________________________________________
______________________________________________.
The Field Office Director of the Department of Homeland Security.
Spanish Translation:
______________________________________________
______________________________________________.
If you fail to leave.
Spanish Translation:
_____________________________________________.
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You will be ordered removed and deported from the United States.
Spanish Translation:
______________________________________________
______________________________________________.
The Court designates El Salvador as the country or removal should removal become
necessary.
Spanish Translation:
______________________________________________
______________________________________________
______________________________________________.
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Homework Assignment
You must be connected to the internet to complete the following assignment

Go to Lecture 2, in the Interactive Book and practice all the scripts available.
Look for the
icon. It indicates that the script is actually spoken on a digital
file and that you can practice with it.

Go to Lecture 2, in the Interactive Book and watch all the videos available. Make
sure you interpret them as you watch them. Look for the
that a video is available for that subject matter.
icon. It indicates
You do not need to be connected to the internet to complete the following
assignment

Study all the immigration terminology, abbreviations and forms covered in this
lecture.

Make sure you know how to interpret each of the immigration proceedings and
the immigration advisements.
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