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