Two weeks ago, I wrote out the requirements to petition for a Special Immigrant R-ligious Worker.   Now I will describe the petitioning process. It is a very complex process.  I strongly recommend hiring an attorney to help you — there are a lot of aspects which seem obvious but are not.  For the R-1, only the employer can petition; but with the immigrant petition, either the alien or the employer can petition.   But, since it is an employment petition, even if the alien does the petition, the employer needs to sign on.  For the rest of this posting I will write as if the employer is the petitioner.   If something is different for a self-petitioner, I will point that out.

You start with the I-360 Petition.   The I-360 petition is designed to support a variety of types of Special Immigrant visas.   The first section of the form will relate to almost all of the visas.  The petitioner (employer or the self-petitioner) fills out the first part.  Then the second part has information about the alien.  Then, the form has various parts that are specific to the various types of visas.   You will only fill out the part relating to the R-ligious Worker Visa.

Then you will need supporting documentation.    You need documentation establishing that you qualify as a petitioner.  This would involve establishing that you exist, that you have a r*ligious purpose and function, that you have a need to hire a worker, and that you have the income and ability to pay the offered wage.    Organizational documents, deeds and leases, IRS tax exemption documentation, website pages, brochures, pictures of the ministry and the location, membership lists, IRS Form 990, budgets and income/expense statements are all examples of useful documentation.

The second area where you will need documentation is to show that the job is a r*ligious job.   Job descriptions, a letter from the employer, denominational documents describing the position, and a sample weekly schedule are examples of relevant documents for this issue.

You will need to show that the job applicant qualifies for the position and the status.   First off, you will need to show that he has been a member of the r*ligious denomination for the past two years.   Membership rolls, letters from prior churches, baptism certificates can all be helpful here.  Next, depending on the requirements of the position, you may need a resume, college transcripts and diplomas, and letters from previous employers.  If the applicant is currently here in R-1 status, you will want to include tax returns and W-2 forms and pay records.

You will also need to show that the alien has been employed full time in the r*ligious denomination for the past two years.   If he has been an R-1 for the past two years, this will be easy.  If he was employed or self-employed abroad, it will be more difficult.   Anything that you can get to prove that he was working full time will be useful.

A couple of other points to remember.   The check for the filing fees should come from the employer if possible.   It is best if the employer pays for the attorney and pays the filing fee.   There is no specific prohibition (at least no written prohibition) on the alien paying both the attorney fees and the filing fee, but I recommend against it if possible.  They will sometimes ask who paid the filing fee (and maybe who paid the attorneys fee) if they do a site visit.   Now, it shouldn’t be a problem if the alien pays the filing and attorney fees if the alien is the petitioner.   I have never done a petition where the alien is the petitioner, so I can’t say for sure — in my experience, the USCIS in not always logical in their conclusions.

It generally takes five to six months to a year to get a petition for a Special Immigrant R-ligious Worker approved.  Once the petition is approved, the USCIS will send the approval notice to the petitioner.

If the petitioner is in the United States and is qualified to file for Adjustment of Status, then he can proceed to the next step in the process.   If the petitioner is overseas, he will need to start the process of applying for a visa at the consulate covering the area where he is residing.

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

Obtaining Special Immigrant R-ligious Worker status is a two-step process.  The first step is an I-360 petition.   That is filed with the USCIS and will take anywhere from 6 to ten months, or more to be approved.   Filing this petition does not give you permission to stay in the United States and wait for its approval, and it most certainly doesn’t give you permission to work while you are waiting.   If you already have valid status from a non-immigrant employment visa – like an R-1, you can continue to work and travel, but, once your R-1 status ends, you can no longer work and must leave the U.S. and wait overseas for the I-360 to be approved.  Once the I-360 is approved, then it is time to start the second step — the application for an immigrant visa (or, if you are already in the US, the application for a green card).

If you are still in the U.S. in legal status when the I-360 is approved, you can file the Application for Adjustment of status.  This process will take about a year, but sometimes as long as 18 months or more.  Once you file, you are allowed to stay here in the U.S. while you are waiting for the green card to be approved.  The rules regarding when you can work and travel are somewhat complex and will be addressed in a couple of weeks.  But, for now, suffice it to say that under certain circumstances you will be able to work or travel, but sometimes you will not be able to work or travel.

I wrote above that if your non-immigrant employment status should end before your I-360 is approved, you need to leave the US.   That is accurate and that is what I recommend.   However, I will add that if you do stay illegally, as long as your total illegal stay and illegal employment lasts less than 180 days (including any prior illegal time), the USCIS will allow you to still file for adjustment of status and will generally not hold the illegal time against you.

Now, if when the I-360 is approved you have already left the US, or if you were never here, you will need to complete consular processing.  That means that you will file for an immigrant visa at the U.S. consulate (or embassy) overseeing the location where you live.  This whole process can take as little as two or three months — but it can easily stretch out to six months or more.  But, once you pass your interview, you get your visa and can then come to the U.S.   Once you pass customs, you become a lawful permanent resident, and they will mail you your green card.

Of course, you must remember that you received this green card to enable you to work for the petitioning employer.   If you do not go to work for him, it could raise questions about your intent to actually carry through with what you said you intended to do — and that could cause you trouble down the line — especially when you apply for citizenship.

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