What if you don’t have two years in the denomination as required for R-1 status?

As discussed previously, in order to qualify for an R-1, you need to have two years in the denomination immediately before the petition is filed.   A lot of people think that just means that they have been a member of the denomination for two years at some point in the past.   Actually, it needs to be the 24 months immediately before the petition is filed.  If the petition is filed in October 2017, you need to have been a member of the denomination from October 2015 until October 2017.

What does it mean to be a member of a denomination?  The first question is, “What is a denomination?”.   The USCIS purposely left this a vague definition.  It can be a regular denomination, like the Presbyterian Ch-rch in America or the United Methodist Ch-rch.   It can be a single ch-rch.   I have successfully done R-1s where the membership has been with a r-ligious employer or a m-ssion organization.   In many of these cases, the R-1 job applicant was with the denomination or ch-rch or m-ssion organization for two years.    But, what if he was not with that specific denomination or ch-rch for two years, what can be done?

As I said, the definition of “denomination” was left loose to accommodate this situation.   The law was written to help m-ssionaries come here.   The authors of the law were aware that there are many non-denominational ch-rches or organizations that send or bring m-ssionaries to the US.  And, even if it is a standard denomination, the foreign denomination might not be actually associated with the US denomination.   For example, there are foreign Presbyterian churches which are part of a US Presbyterian denomination.   But there are also foreign Presbyterian denominations which are similar, but not connected with, a US denomination.   What do you do there?

What you do is look at the similarities.   Is there a similar statement of faith?   Is the w-rship style similar?  Is the ch-rch government similar?  Do the two organizations (the one in the US and the one abroad) have previously established connections?  All of these things can be used to show that, although the two ch-rches/denominations are not really one denomination, they are close enough that, for the purposes of immigration law, they can be viewed as one denomination.

It is important to understand that we are not trying to do something deceitful.   We are not trying to create a “denomination” where there is not one.    I have had people in m-ssion organizations or non-denominational/independent ch-rches protest that they are “not a denomination”.  And, it is true, they are not.     But this is “law”.   We are not trying to pretend that they are a denomination.   We are trying to fit them into a legal definition that was intentionally written broadly to intentionally include m-ssion organizations and independent non-denominational ch-rches.

The other question is, what does it mean to be a member.  This can be a tough question.   I generally read it to mean “affiliated” with.    Many ch-rches no longer keep a specific membership roll.   The USCIS seems to understand this and rarely requests a membership roll.    But there needs to be some real ties to the organization, or it will be difficult to satisfy this requirement.   As long as the p-stor is willing to write a letter affirming membership for two years, the USCIS is generally willing to accept this.  But, one or two contacts over the past two years does not constitute membership.   In my opinion, there needs to be regular contact and participation to support the claim that you have been a member.

If you have two years (the past 24 months) of membership in one ch-rch or denomination or m-ssion organization, or if you can establish that, over the past 24 months you were a member of two or more than one groups which can be shown to fit the definition of “denomination”, then you can potentially qualify for an R-1 (provided, of course, that all the other requirements are also filled).

I will add one last thing.   Although the “denomination” definition is broad, it is no guarantee that the USCIS will accept the “denomination” that you are proposing.  I have never had the USCIS refuse to accept a denomination that I proposed, but, often, they did ask for significant evidence that there really were genuine similarities/ties between the two different ch-rches/organizations.

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.

 

Leave a Reply

Your email address will not be published. Required fields are marked *