There is a special immigration program that allows m-ssi-naries to come to the U.S. permanently.   However, it is based on a statute that has a Sunset Date — meaning that on that date, the immigration program will end.    The statute actually has two parts — one for m-nisters and one for R-ligious workers.   The immigration program for the m-nisters does not expire.   But, they put a Sunset Date in the part of the statute governing R-ligious workers.

That Sunset date used to come every three years, and for quite a while, they extended the program every three years.    Last year, when the date came up, they extended it to December 2015, and then, in December, they extended it only nine months more, to September 30, 2016.

Days before this past September 30, Congress (and the President), extended the program until December 9, 2016.

We don’t know what is going to happen.   If they extend it (either for a month, or nine months, or three years), the USCIS will continue working on any R-ligious Worker Green Card petition or application that they have or will receive.   And they will be able to issue green cards up to the date that the statute expires.

However, if they do not extend the statute, all non-m-nister R-ligious Worker green card petitions and applications in process will expire, and no new green cards will be issued, and no new petitions or applications will be received.   And, if someone abroad has received a non-m-nisterial R-ligious Worker Immigrant Visa, they must enter the U.S. by December 8, 2016, or they will not be allowed to enter with that visa.  It is possible that they could come in as late as December 9, 2016, but I would not count on it.

Remember that this only applies to Non-M-nisterial R-ligious Worker Immigrants.   People who are applying for R-ligious Worker Immigrant status as m-nisters will continue to be eligible to receive green cards because their program does not have a sunset date.

President-Elect Donald Trump!   This was obviously a surprise to many people.   Some of my readers are ecstatic!   Others are fearful or in despair.    To be honest, we really don’t know what will happen under the new president.   A lot of people think that it will become much harder to immigrate to the U.S.   That is possible.   But we don’t know that.   We don’t know how his deeds will line up with his words.   I expect that he will implement more vetting for people from Muslim countries.   There are Republicans who will want to shut down certain aspects of the current immigration scheme – such as the H-1b and the L-1 (two business employment visas) and the investor green card, and the green card lottery.  Maybe Trump will be open to those ideas, maybe not.   He has talked strongly about stopping illegal immigration.   Hopefully, that will not carry over to restricting the current legal immigration.  One bright side is, hopefully, that the Religious Worker Green Card, which is currently in limbo, is more likely to be approved, I think, under Republicans than under Democrats.   It seems to me that the Democrats have been more antagonistic to faith-based organizations than have the Republicans.

We will just have to see, and pray!

Just a reminder to all of you out there who have green cards — if you are going to be out of the US for more than one year, you need to apply for a Reentry Permit before you leave the US.   You need to be in the US when you apply for the Reentry Permit, and you can’t leave the US until you have had your Biometrics (digital fingerprint and photo) taken.   At that point you can leave and wait for them to issue your Reentry Permit.

Following is an e-mail I received from a client who had recently gone through their Adjustment Interview.  I like to post these summaries if possible — it gives everyone a feel for what they can expect.   The client said that I could post it, and I have removed all identifying information.

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The short of it is, thank you so much for all your help, Gunnar! I got my actual Green Card in the mail today (one week after the interview) That was a surprisingly quick turnaround since the interview.

Just for your interest — the interview itself was about as you described. It was not high pressure, they kept us together, and they didn’t ask us any difficult questions.

• She asked us about some of our biographical information (age, parents, place of birth) but nothing in too much detail.
• She asked us how we met.
• She asked us where we lived, and for a copy of our new lease.
• She asked if we had been previously married, and if we were still married to each other.
• She asked where we got married and who was in attendance. She was surprised when we said no one attended, and asked us why we didn’t invite anyone.
• We replied that we would be inviting our friends and family to a ceremony in later in the year. When she asked for evidence that we were planning for a future ceremony, we gave her the receipt from the down payment on our reception.
• She told us that we would be recommended for approval and that we should expect the Green Card in six weeks.
• The interview lasted about 30 minutes in total.

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I can’t guarantee that every interview will go this smoothly, but many of them do!

Gunnar

Remember that it is not true that if you have a green card, as long as you return every year you can stay out of the country for extended periods of time.   It is true that if you have a green card (and don’t have a reentry permit), you cannot stay out of the US for more than a year at a time, but that alone won’t protect your green card.   The issue is whether or not the CBP (Customs/Border inspection guys) or the USCIS believe that you are residing out of the country.   It is possible to lose your green card even if you return after a stay of less than a year — I have had clients given hard times at the airport for trips of less than one year.   On the other hand, I have one client who “lived” outside the country for about twenty years, returning only one time a year, and she had no difficulty at all.   There is no way to know what to expect — but it is better to be careful.

I advise my clients to, in any consecutive 12 month period, be in the US more than they are out of the US, and, to talk to me before committing to any trips of five months or more.   That way we can prepare for possible trouble on the border.   That is also why I advise people to get their citizenship as soon as possible — so they don’t need to deal with these issues.    Remember that there are special citizenship opportunities for missionaries!

I will talk about Reentry permits at another time.

Gunnar

That if you are a US citizen, and you want to bring you brother or sister to the United States to live, there is a 13 year wait for most people.  If your brother or sister is from Mexico, there is a 19-year wait.   If they are from the Philippines, there is a 23½-year wait!

There is a special provision in the US immigration law that allows certain m*ssionaries to get green cards if they have been m*ssionaries for two years before applying.  However, this statute used to expire every three years.    This last time, they only renewed it for one year — until September 30, 2010.   So far, every three years, it has been extended.    But, often, it is not extended right away, and there is always some anxiety as to whether or not it will be extended.  Fortunately, there are enough Congressmen who value the work of m*ssionaries, and, eventually, the statute is always extended.

We are now at one of those times again.   The statute will expire on September 30, 2016.   We don’t know if it will be extended or changed or what.   I am encouraging you all to pray for the passage of this statute, so that m*ssionaries will be able to continue to come to the US and minister.  If it is not extended, no new m*ssionaries will be able to get green cards, and those who have started the process will never get their final approval either.

Gunnar

The short answer is that you need them if you have a green card and are going to be out of the US for more than one year.   You normally can’t return to the US after a trip of more than one year if you have a green card and you don’t have a Reentry permit.   A Reentry Permit will let you stay out two years (sometimes a little more) — as long as you don’t do something during that time that strongly evidences that you have abandoned your residence in the US.

Under certain circumstances, they will give you less than two years time for a Reentry Permit.   The main time is if you have a two-year conditional residence card — your Reentry Permit will expire when your two-year card expires.   The other main time is if you have been out of the US for more than four of the last five years — in that case, you can only get a Reentry Permit for one year.

If you can only get a Reentry Permit for one year, then what is the purpose of a Reentry Permit?  After all, if you can only stay out one year, you can always reenter with a green card, right?    The answer to this is, “Who knows?”   In my experience, no one really knows the point of a Reentry Permit — expecially if they are border guards — who don’t seem to have any clue.

The main point of a Reentry Permit is that it is evidence of your intent to remain a resident of the US, and, therefore, they should not hold it against you if you have been out of the US a lot.   That is why even a one-year Reentry Permit should be helpful on the border or in an airport.   Although the green card is enough to reenter the US if you are returning from a trip of less than one year, if the Border Patrol/Custom officer sees that you have been out of the US for most of the last four or five or six years, they may say you no longer have the intent to be a resident of the US, and could take away your green card.   A Reentry Permit is supposed to protect you against that.   But to be honest, I have seen returning residents, who had just recently obtained their green cards, and who had a Reentry Permit, and had been out of the country for much less than a year, be given trouble by a Customs officer at an airport, and the Customs Officer didn’t even want to see the Reentry Permit.

So, in short, if you do a lot of traveling, even if you never are out of the country for more than a year, a Reentry Permit should be helpful, and I do recommend it.   However, it appears that the Border Patrol/Custom officers tend to only treat it as a permit to stay out of the country for more than one year, and disregard its other, main purpose — that it is meant to evidence that you have the intent to keep your residence.   So, it is good to have, but is it worth paying the money if you are not going to be out of the country for more than one year?   I don’t know!

This is something that I think a lot of people don’t know about, but it is important for Americans who are in the m*ssion field to understand.    If you and your spouse are US citizens (and at least one of you spent time in the US), your children will be US citizens.   If you are a US citizen, and you are married to a non-citizen, your children will be US citizens if you grew up in the US.    But if you are a US citizen married to a non-citizen, and you grew up in a foreign country (perhaps the child of a US m*ssionary), your children possibly will not be US citizens from birth.   There are certain exemptions (for example if you are the child of a member of the US military serving overseas), but, in general, if you are a US citizen married to a non-US citizen, your children will only be citizens when they are born if you have spent five years in the United States and two of those years were after you turned fourteen years old.

The reason I am bringing this up is not for this generation of m*ssionaries, but for your children.   Most of my clients are people who grew up in the United States and now have gone to foreign countries as m*ssionaries.   Your children will be U.S. citizens.   But, if they grow up in a foreign country their children may not be U.S. citizens when they are born.    I don’t think that is the end of the world.   Following God is more important the U.S. citizenship rules.   On the other hand, it is something that you need to keep in mind as you make your long-term plans.   It is quite easy to get citizenship for your children, but there are steps that you will need to take.

Gunnar

The I -360 is used to file for USCIS approval for a rel*gious worker visa so that a m*ssionary can stay and work permanently in the US.   It is the first step in the process.   After the I-360 is approved, the m*ssionary has to then proceed to file for the issuance of the green card (Adjustment of Status) if he is in the U.S.   If he is abroad, he must file at a consulate for an immigrant visa to come to the US to stay.

However, the USCIS has been slowing down in its processing of about everything.   This one took eight months, which is, in my opinion, pretty good right now.   And what is especially nice, it was approved without any annoying follow-up requests for additional paperwork!