POLICY 7 CITIZENSHIP 2

The United States recognizes the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees who apply for refugee status overseas, as well as those applying for asylum after arriving in the U.S., are admitted annually.
Since World War II, more refugees have found homes in the U.S. than any other nation and more than two million refugees have arrived in the U.S. since 1980. During much of the 1990s, the United States accepted over 100,000 refugees per year, though this figure has recently decreased to around 50,000 per year in the first decade of the 21st century, due to greater security concerns. As for asylum seekers, the latest statistics show that 86,400 persons sought sanctuary in the United States in 2001.[19] Before the September 11 attacksindividual asylum applicants were evaluated in private proceedings at the U.S. Immigration and Naturalization Services (INS).
Despite this, concerns have been raised with the U.S. asylum and refugee determination processes. A recent empirical analysis by three legal scholars described the U.S. asylum process as a game of refugee roulette; that is to say that the outcome of asylum determinations depends in large part on the personality of the particular adjudicator to whom an application is randomly assigned, rather than on the merits of the case. The very low numbers of Iraqi refugees accepted between 2003 and 2007 exemplifies concerns about the United States’ refugee processes. The Foreign Policy Association reported that:[20]

Religious Workers: Going From an R-1 Visa to a Green Card

Learn how churches and religious organizations can initially employ workers on a temporary visa and then move forward with green card sponsorship.

By Kyle Knapp

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Please answer a few questions to help us match you with attorneys in your area.What is the primary immigration issue?                  Select an answer                 Citizenship                 Permanent Visa                 Temporary Visa                 Other (please describe in Case Details)             

R-1 visa holders who are currently working in the U.S. as ministers or in a religious vocation or occupation have a fairly simple route to obtaining a green card to become U.S. lawful permanent residents. The requirements to qualify for an R-1 visa and a green card are very similar. One key distinction is that the person applying for a green card as a religious worker must, as a prerequisite, have two years of qualifying employment as a religious worker.
The R-1 visa provides a convenient way for people to gain that two years of experience in the United States. A simple route to the green card for a religious worker, therefore, is to obtain the R-1 visa, work for two years, and then have the same or another employer start the green card process.
For more information on the R-1 visa and the employment-based religious worker green card category, see R Visa to the U.S. as a Religious Worker: Who Qualifies? and EB-4 Visa for Religious Workers: Who Qualifies?.
Keep in mind that it is not necessary to have an R-1 visa first in order to apply for a green card. If the religious worker has already gained two years of qualifying employment experience abroad, it’s possible to apply directly for the green card following the processing described below. The only benefit of first getting the R-1 visa is that in some cases, it may be faster, by several months, to get the person here initially and then pursue the green card.

How to Proceed

Here’s an overview of the steps by which an R-1 visa holder would move forward to obtaining a U.S. green card.

Step 1: Employer Files I-360 Visa Petition

Once a person has the required two years of experience as a religious worker, the first step is for the U.S. employer to file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). The key information and materials include the following:

I-360 petition form. It’s available as a free download on the USCIS website. The form can be a bit confusing, because it is used for various types of immigration cases. The employer should just complete the employer and employee sections and the sections that are specific to religious workers.

Employer attestation. The employer must attest to specific and detailed information on the I-360 petition concerning the religious organization, its membership and affiliations, any prior religious worker or R visa petition filings, and its ability to pay the offered wages. The employer must also attest to details concerning the proposed employment and the employee’s qualifications.

Proof of nonprofit status. The employer will need documentation from the Internal Revenue Service confirming the nonprofit status of the employer, such as a determination letter indicating that the organization is tax-exempt.

Proof of ability to pay. The employer will also need to include evidence of the its ability to pay the offered wages, such as W-2 forms showing wages paid to the employee or other employees, annual reports, financial statements, or tax returns of the organization.

Evidence of membership. Include documentation of the employee’s membership in the religious denomination for at least the two years immediately before filing the I-360 petition. A letter from a pastor, for example, would suffice.

If the petition is for a minister, copies of educational and ordination documentation. If the religious denomination does not have a prescribed theological education requirement, submit copies of documents outlining the ordination process and showing that the employee satisfied all the requirements.

Proof of two years’ experience. The employer will need to submit documentation to confirm that the employee completed two years of qualifying employment immediately before filing the I-360 petition. A letter from the employer with any relevant supporting documents, such as W-2 wage reports, are examples of acceptable evidence.

Filing fee. This was $435 as of 2019; check the Form I-360 page of the USCIS website for the latest. You can pay by check, money order, or by filling out and submitting USCIS Form G-1450, Authorization for Credit Card Transactions.

Once you get a receipt notice from USCIS, you will be given instructions for checking the status of your case online.
COMMON DELAYS

One common source of delay is that USCIS typically insists on making a site visit for first-time applications under the religious worker category, so as to verify the legitimacy of the organization and the proposed employment. The site visit may involve a tour of the employer’s primary and branch locations, an examination of relevant documents, and interviews with employees and church officials. (Site visits are also usually required in connection with first-time R-1 visa applications.)

Step 2: Employee Adjusts Status in U.S. or Applies for an Immigrant Visa at U.S. Consulate Abroad

After USCIS approves the employer’s I-360 petition, the employee will follow one of two routes to obtain the green card: Either file an I-485 Application to Adjust Status with USCIS in the United States or apply for an “immigrant visa” (which leads immediately to a green card after U.S. entry) at the U.S. consulate abroad.

Filing I-485 Adjustment Application in the U.S.

Beneficiaries (current or future employees) of I-360 petitions who are in the U.S. and are in lawful immigration status may apply for their green cards by submitting Form I-485, Application to Adjust Status, to USCIS. Dependent family members (spouse and children under age 21) also can submit I-485 Applications as “derivative” applicants.

Applying for an Immigrant Visa at a U.S. Consulate Abroad

Prospective employees who are abroad while the employer is pursuing the I-360 petition will follow a different procedure upon approval of the I-360 petition. They will start by preparing and submitting documents and paying various fees through the National Visa Center (NVC) in the United States.
Once the NVC completes its initial processing, the employee and dependent family members (spouse and children under age 21) will eventually visit the U.S. consulate in their home country to get immigrant visas (which are the legal equivalent of green cards) there. The consulate places a temporary proof of status in the passport (“I-551 Stamp”), and the actual green card is mailed to the person’s U.S. address within a few weeks or months after arriving in the United States.
For more information on consular processing, see the Consular Processing Procedures page of Nolo’s website. From the time of the I-360 petition approval, the religious worker applicant can expect to wait about eight to ten months to attend the interview at the U.S. consulate.
For more information on this application process, see Nolo’s articles on Adjustment of Status Procedures.

Published by: Eaugrads

Evangelical Alumni Foundation seeks to fulfill "The Great Commandment and The Great Commission" to GOD's great economy. Each of us has great purpose as Sons of God. We are many in one body. Together, we are firmly planted by streams of water to bear fruits in all seasons. We shall not lack no good thing. Deuteronomy 1:11 God's Spiritual Billionaire's! Brief about our founder of Eaugrads: "JESUS"... "His pursuit of us is Relentless, His desire to Fight on our behalf is never ending; Despite the day to day distractions, designed to stop us from reaching our destinies, we can be sure of this... what God starts; He Finishes." Amen! T. Harris, LLD

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