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