Monthly Archives: July 2020

Citizenship

Applying for Citizenship before becoming a Permanent Resident

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Did you know that in certain limited circumstances, you may be able to apply for U.S. citizenship before you become a permanent resident?   Normally, before you can apply for citizenship, you need to be a US permanent resident (green card) for three to five years (three if you are married to a US citizen and five if not).   However, as many of you know, there is a special provision for people who are married to US citizens who are full-time m-ssionaries outside the US.   In cases like this, the spouse of the US citizen is allowed to apply for US citizenship without any required residence in the US.

Normally, I tell people who qualify for this that it means that they can apply for US citizenship the day that they enter the US and receive US Lawful Permanent Resident status.    They do not need to wait any longer before applying.

However, if their time is tight and they need US citizenship as soon as possible, there is another option.   If you qualify to file for US citizenship as the spouse of a US citizen who is a full-time m-ssionary, then you might be able to file for citizenship even before you land in the US with your immigrant visa.   You need to file first for the immigrant visa and then you file for citizenship while you are waiting.  It might also be possible if you are currently in the US to file for citizenship while you are waiting for approval of your adjustment of status application.  I have helped one client file for citizenship before they entered the US.   I have never done it with someone applying for adjustment of status but it might be possible.

However, before you jump at this, you need to know the caveats.  The first is that you need to qualify for this m-ssionary-based citizenship process.  There are a number of requirements for this process.  The most important is that within 45 days after becoming a US citizen, both spouses need to leave the US for a year-long commitment as m-ssionaries overseas.  The second caveat is that it is somewhat risky.   You may wind up getting someone at the USCIS who doesn’t realize that this is possible and deny you (meaning that you lose the money you spent) — I know of no “official” rule saying that this can be done — it just has been something that they allowed — and they probably still do, but I can’t guarantee it.  The other problem is the fingerprints.   It used to be easy — you just got fingerprints on a fingerprint card and submitted them with the application.   However, it is more difficult to get fingerprints anymore.  There are very few places overseas which will do fingerprints that the USCIS will accept — usually only USCIS offices overseas and they have been closing and consolidating.  Finally, I have never done this for an Adjustment of Status.  I think it might work and it is easier to get fingerprinted for the USCIS in the States.  I think this would work, but you would need to want it enough to be the guinea pig!

If you think this might interest you, feel free to contact me for further information.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

 

Applying for a Visa, R-1 visa

Preparing to apply for an R-1 Visa at a Consulate

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So you have your R-1 petition approval?  What is next?  If you are outside of the U.S., you need to apply for an R-1 visa at your nearest U.S. Embassy or Consulate.   If you are in the U.S., and you want to travel, you will need to go to an U.S. Embassy or Consulate to get an R-1 visa before you return to the U.S.

In January I wrote about applying for a visa at a Consulate.   Now we will discuss the particular considerations that you need to have if you are applying for an R visa.  But first I want to discuss whether or not you should apply for an R visa.

Of course, if you were out of the US when your sponsoring/employing organization filed the petition, you need an R-1 visa in order to come to the U.S.  You don’t have a choice.    However, if you changed status to R-1, or extended your R-1 status, then you need to decide if you want to take the risk of filing for an R visa — the same considerations apply whether you are the primary R-1 applicant or an R-2 dependent.

What I am talking about is that it is becoming increasingly risky to leave the US to apply for an R visa.    I am not sure exactly why.  I think that there has been increased pressure for the consulates to “vet” the visa applications.   It used to be that an R visa denial was very rare.  Now, it is not uncommon.   A number of the denials, in fact were based on improper reasons, and I would get conflicting answers when I requested explanations.  And now, the US Department of State has even changed the rules for approving R visas.  It used to be that they were supposed to treat the USCIS Approval as binding unless they find something that the USCIS didn’t know about — but now they have more freedom to question the approval itself.   And I have been seeing an increased amount of questions that reflect what the consulate staff wants to see and not what the statute requires.   For example, the position may not require a theological education, but the consulate officer may ask the visa applicant why they don’t have a theological education.

The other problem is that the consulates seem to be increasingly strict about making sure that the position pays enough to cover the visa applicant’s needs.  The R statute and regulations are quite flexible on income — it doesn’t have a minimum, it just requires compensation.   I deal with a lot of m-ssionaries who have quite low incomes, and I have been always able to get approvals for them.   However, lately, some consulates have been more demanding in this regard to income as well.

I am not saying that you should not apply for an R visa.   Most of my clients still get their visa applications approved.   What I am saying is that it is more risky than it used to be, and I recommend only applying for a visa if absolutely necessary.    It would be sad to spend all that effort and money to get an approval from the USCIS only to lose it all because of a denial at the consulate.   Once the consulate denies you, you will not be able to come back to the US in  R status unless you can convince them to change their mind — which is very difficult.

Now, back to what you need to do.   Last week I discussed the general outline of applying for a visa.   Now, I will briefly discuss what you need for an R visa.  In general, it is the same as what I wrote last week.   The additions are that you need a letter from your R-1 employer confirming that the terms of the R-1 petition are still in effect and that you will begin working with the R-1 employer as soon as you enter the US in R status.   If you have already been working for the R-1 employer, you should bring proof that you have been paid.

You also need to be ready to discuss you’re the nature of your R-1 employment — what the job requirements are (education, work experience, etc.), and the religious nature of the employment.   If there are educational or experience requirements you will need to have proof that you completed these requirements.  It is very important that you are able to explain the r-ligious nature of the position if it is not a typical m-nister or m-ssionary position.   I have been able to get R-1s for a variety of positions that are not what you would necessarily think of being “r-ligious” positions.   These are positions that are typically “secular”, but in this case have a strong “r-ligious” emphasis.  Too often, my clients just want to say, I will be a teacher or mechanic or a video editor or a camp director.   You cannot get an R visa for being a teacher or mechanic or a video editor or a camp director.  You can only get an R visa for being a r-ligious worker.   You need to explain how your position is r-ligious — how you will be teaching r-ligious subjects or teaching them in a way that emphasizes G-d’s truths, or, as a mechanic or camp director, working with students or young people to mentor them sp-ritually as they work with you or attend the programs at your camp or how you will use your editing skills to produce videos that communicate the truths of the B-ble.

You also need to be able to explain what the compensation is that you will be receiving.   Sometimes this is simple — if you will be receiving a regular paycheck.   But if it is food and housing that your employer will be providing to you, you need to be able to explain that to them.  Many times, people come to the US as m-ssionaries on a B visa and they are given room and food to allow them to stay here and serve.   That is not compensation.   But, when a person is here on an R visa, that becomes compensation.   That can be confusing, but it is an important distinction.

In summary, most people with R approvals from the USCIS will get their R visas.   However, you need to be prepared.   The R Visa interview can be difficult and you need to be ready to discuss the most common issues that may come up.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

757 Appleton Road, Elkton, MD 21921

Gunnar.L.Armstrong@gmail.com

 

Uncategorized

SUNSET DATE COMING UP — PRAY FOR EXTENSION OF RELIGIOUS WORKER GREEN CARD LAW.

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PLEASE NOTE: The following discussion only applies to Non-M-nisterial R-ligious Worker Immigrants. This does not apply to people who are applying for R-ligious Worker Immigrant status as m-nisters. AND this does NOT apply to R-1 (or R-2 for spouses/dependent) visas. If you are applying for an R visa or R status, or are here in R status, this Sunset date and the following discussion will have no affect on you. This also does not apply to people who are spouses of US citizens who are coming on a spousal immigrant visa — even though they may be m-ssionaries and might be doing R-ligious work, they are not coming on a R-ligious Worker visa. Also if you now have your R-ligious Worker green card, this discussion will have no effect on you. They will not take it away if it is already approved.

There is a special immigration program that allows m-ssinaries 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. However, since 2015, the “non-m-nister” Green Card law has only been extended for one year — so it is now expiring every September 30.

There is every reason to expect it to be extended again this year. It has been extended every time it has expired. However, you never know for sure, and that is why I encourage people to pray.

Also, part of the problem is that it is extended as part of the budget extension. And, because the Republicans and Democrats fight over the budget every year, sometimes the budget doesn’t get approved by September 30. Sometimes they put in a stop gap measure that extends the current spending (and the R-ligious Worker Green Card law) for a couple of weeks or months (once it was only extended for about 9 days), and then they may extend it again for a couple of months, or they may approve it until the next September 30 again.
In addition, sometimes there is a gap — they might not approve the extension of the budget (and the R-ligious Worker Green Card Law) for a week or two after the Sunset date. And, in those cases, all of my clients with pending R-ligious Worker green card cases are left in limbo. If the law is never extended they will never get their green cards. After September 30, if the law is not extended, they will be here illegally unless they have some other basis to be here (like their R-1 status is still valid). Likewise, after September 30, if the law is not extended, they are not allowed to continue to use their Employment or Travel documents.

But there is no real reason to be concerned or to stop working or leave the country. The law has always, so far, been extended. And when it is extended, it will retroactively cover the gap — the time period after September 30, until when the extension is approved.

If, at some point, Congress should approve the budget and not extend the R-ligious Worker Green Card law, then we will need to deal with that. Most of the people who have filed for a R-ligious Worker Green Card will have to stop working and leave the country unless have another basis for being here, and they will not get a green card. Similarly, people who are out of the US hoping to apply, or in the process of applying for an immigrant visa will not be able to get one — probably even if they are a wife and/children of someone in the US who has a R-ligious Worker Green card. But as I said, that has never happened before and hopefully will not happen now.

IMPORTANT REMINDER: As I said above, 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. AND this does not apply to R-1 (or R-2 for spouses/dependent) visas. If you are applying for an R visa or R status, or are here in R status, this Sunset date will have no affect on you. This also does not apply to people who are spouses of US citizens who are coming on a spousal immigrant visa — even though they may be m-ssionaries and might be doing R-ligious work, they are not coming on a R-ligious Worker visa. Also if you now have your R-ligious Worker green card, this discussion will have no effect on you. They will not take it away if it is already approved.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consulate an attorney if you think any of this may apply to your situation.

Gunnar Armstrong
757 Appleton Road, Elkton, MD 21921
Gunnar.L.Armstrong@gmail.com