This is a post that I put on my Immigration Facebook page yesterday.   But I am also putting it here, slightly edited, for those of you who haven’t seen it or don’t have access to Facebook.

Here is my Facebook Post:

Well, whatever you think of President Trump’s start, he is sure getting things roiled up.   Some people are really upset with all of his actions, and others are thrilled.    But, what exactly did he do with this particular Executive Order, and what did he not do?   I have been getting some e-mails asking for clarification.   And, looking at the headlines, it seems that most of the news tends to get overblown.

Regardless of whether or not you like this Executive Order, it is a demanding new rule that will negatively impact the lives of a number of people (of course those who support it hope that it will protect people too).   But at the same time, it is important to not exaggerate what it really says and does — exaggeration helps no one.   So, I am going to try to lay out exactly what the new Executive Order does.

The first point is that the Executive Order shuts down refugee admissions for four months.   That means no refugees at all will enter the US for four months (earlier I had said that religious minorities will continue to come — but that was not accurate).  During this time, the government is supposed to go over its admissions process to make sure it does a better job screening for people who may be a danger to the US.   Once new and improved procedures are implemented, refugee processing will resume.   Refugees fleeing religious persecution (if the refugees are from a minority religion in their home country) will be given preference.

Even when refugee processing resumes, all Syrian refugees (apparently whether or not they are Christians) will be denied entry until the president determines that sufficient safeguards are in place to protect against potential dangers.   Also, the Order drops the number of refugee admissions from over 100,000 to 50,000.

The other main point of the Executive Order is that it suspends for 90 days all immigrant and non-immigrant admission of any person (except for certain government travelers) from seven Muslim countries — Iraq, Syria, Sudan, Iran, Somalia, Libya and Yemen.   It is not clear that this order was meant to cover people who have green cards, but a clarification provided two days later on January 29, 2017, states that people from these countries who have green cards will be able to enter the US.

During this time — the 90 days — the US government is to assess the ability of these countries to provide sufficient information to the US to allow the US to evaluate whether or not any particular intending visitor is a danger to the US.    It also appears from the text of the Executive Order that other countries could be added to this list in the future if they are unable to provide the US with the information that we feel is necessary to determine whether or not potential visitors are dangerous.

So, what can we take away from this.   Here are some suggestions:

• Hopefully this is all temporary.   There are time limits on these restrictions.   We can pray that the Lord would give President Trump wisdom in this regard.  Hopefully most, if not all, of these restrictions can be lifted.
• At the current time, the only people who are affected are refugees seeking to come to the US, and people from those seven countries who are not US citizens and who do not have green cards.
• If you are from one of those seven countries and you do not have a green card, you do not want to leave the US.
• If you are from any other country, this executive order will not affect you and you are free to travel.
• However, if you are from any country where terrorism is an issue, there is always a possibility that your country will not be able to provide whatever it is that President Trump feels is required for security purposes.   There is always the possibility that in sixty or ninety days when President Trump completes further review of the information he is requesting from other countries that he could extend the ban on entry to people from other countries in addition to the seven already listed.   To be honest, I felt that the Executive Order was not clear about this — but I think that they are requesting information from more than just those seven countries.
• I think it is worthwhile to point out that although this is portrayed as anti-Muslim, I think that is not an accurate depiction of this Executive Order.    The suspension of Refugee Processing affects everyone — not just Muslims.    The seven countries are all, with the exception of Iran and Sudan, countries where there is great upheaval and lawlessness and virtually no central authority.   Iran and Sudan are countries that are both terrorism sponsors and are not friends of America in any way.  The president of Sudan has been charged with genocide by the International Court.  There are many Muslim countries that have much larger Muslim populations and, some, such as Saudi Arabia, are even viewed as sponsors of terrorism and are the source of terrorists, but they are not on the list of countries whose nationals are prohibited from entering the US.  I think that the real issue is that these seven countries either have no government that is capable of cooperating with the US or, like Iran or Sudan, will not cooperate.

This is a difficult issue and people have strong feelings about this Executive Order.   I, personally, don’t like this order.  I think it is too harsh, and will cause hardship to too many innocent people — including some of my clients.   But, many people feel that we have had eight years of a President who downplayed the issue of terrorism and the potential dangers, and they are frustrated — they want to see action.   And, in my experience the first steps of a reaction are often too strong, and then, often, there comes a degree of moderation.

Many people want to paint this Executive Order as racist or bigoted.   I don’t know President Trump’s mind, and I don’t know what he intends in the future.   But, as far as the words of the Executive Order, it is limited to only seven countries with certain poor-government issues and three to four months — and applies to all refugees, Muslim, and Christian.

I think we need to give President Trump a chance to work through this issue and try to reach a balance between immigration and safety.   Pray for the innocent people — many of them Christians — who are affected negatively by this Executive Order.   We are commanded by the Bible to pray for our leaders.  Pray that President Trump will seek God’s wisdom as he evaluates this situation.   And pray for God’s blessing and protection on our country.

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

See last week’s entry for an introduction to the topic of support on a B visa.

Once you are here in B status, there may be options for stretching your resources.   As stated above and last week, you can’t work here as part of the US economy.    But there may be some other possibilities.   This is mostly directed toward people who are here on B-1s as missionaries, because a lot of people coming here as missionaries are often on shoe-string budgets, and the work that they do is not naturally income producing.   Most of the options that I would suggest would work best within a religious situation, and many of these suggestions simply wouldn’t work for most B-1 business visitors.    On the other hand, some of these suggestions may work for B-2 visitors who want to do some volunteer work while they are visiting here in the US, and some of them might work for people who volunteer in non-religious non-profit situations as well.

Most m-ssionaries who are here in the US on a B-1 visa are supported by people in their home countries.   Although the statue nowhere says that this is allowable, I think that it is assumed to be allowable under the regulations because they are clearly allowed to come as missionaries on a B-1 visa.  The regulations specifically anticipate that they could be here for more than a year, so there has to be an assumption that they will be receiving support from abroad.

On the other hand, I know that there are people who come here on B-2 visas who volunteer with religious organizations and they are supported as m-ssionaries from their homeland.   In my opinion, that is probably not completely legal because, in reality, they are working here as m-ssionaries on a B-2.   However, since they are allowed to have friends in their home country provide them with money to live on while they are here on a B-2, and they are “volunteering” rather than working, I think this situation will probably not cause any real difficulty.   But, if they should run into a border official who is a stickler for the rules, they could get in trouble for this arrangement.

One option for B-1s who are here in the US as m-ssionaries is that they can be provided with housing and food by the organizations for whom they are volunteering.   This is a frequent arrangement for B-1s.   Remember that the housing and food cannot be in return or payment for the volunteer service.   But it can be given to allow the B-1 missionary to serve.   Again, this is not specifically allowed by the law or regulations, but I think it is within the scope of what is expected.

I know that B-2s also volunteer for organizations and receive room and board.   I think that this is a marginal activity for B-2s.   I don’t know that it is not allowed, but I think that it is not really within the scope of what a B-2 is supposed to be doing — B-2s are visitors for pleasure, and, not only are they working/volunteering but they are also receiving room and board to enable them to do it.  I could imagine a border official saying that this is not allowable.

Check back next week for my final suggestions on this topic.

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

A B visa is for people coming temporarily to visit the US.  As we discussed last week, a person on a B visa is not allowed to work here.   And, usually, before you are allowed to get a B visa, or to enter in B status, you need to prove that you have enough savings or support to allow you to be here without working.   Some people think that they can come here and do odd jobs to support themselves, but they are not allowed to do that.   Others, such as m-ssionaries, think that they can come here and raise support.   That is also not allowed.  But, there are options that can be considered.

There is one thing I want to say about this at the beginning.   My purpose in writing today is not to give you a list of ways you can get around US immigration law.   Rather, in my opinion, immigration law can be ambiguous in a lot of ways.   These are options that, in some cases, are clearly legitimate, and in others, not as clearly legitimate, but, as far as I can see, are allowable.   Or to put it another way — some of these things I think are allowable under the law and regulations, but if you told them at the border that you were doing it, they would not let you in.   With some of the other options, one person at the border would let you in, and the next would not.   So, be wise how you implement these suggestions.

The other thing I want to say is that these suggestions are more directed toward people who are here in B-1 status as a business visitor.   As I stated last week, the regulations and Department of State and USCIS/CBP (Customs and Border Protection) practice specifically recognize some of these options for people here on B-1 visas.  There is nothing like this for people who are here as a B-2 visitor for pleasure.   However, all the same, some of these options may work for people who are here on a B-2 as well.

If a person wants to come as a B visitor (B-1 or B-2), among other things, you need to establish that you have the resources to enable you to stay here for the requested period of time without needing to work or access welfare.   If you are coming as a B-2 visitor for pleasure, usually they want to see that you have a reasonable amount of money in the bank.   They will also look at letters or Affidavits of Support from friends or relatives in the US who will promise to provide you with housing and food and spending money while you are here.

If you are coming as a B-1 for business or as a m-ssionary, they may want to see the same things if you are self-employed or self-supported.   If you are employed outside of the US and are coming on behalf of your business for a business trip, they should be satisfied with proof that you are being paid by your foreign company while you are here.

Check back next week for the first set of options for support while you are here in the US in B status.

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

The official answer to this question is “absolutely not”.   But, like the discussion last week, it is really not so clear cut.   If you are on a B visa, you cannot come to the U.S., get a job, and start getting paid.   However, there are other scenarios where “work” in some form or another can sometimes occur.

I have already discussed a minister coming to the US for an “evangelical” tour under which he is able to receive payment from collections to cover his expenses.   This is not “work”, but he is receiving some money for his service.

A person can come to the US to participate in business or educational seminars.   Can he get an honorarium if he presents?  To be honest, I don’t know.  I think it probably happens frequently.   This is similar to the situation with a minister coming to the US for an evangelical tour and who is supported by offerings along the way, but the right to receive an honorarium is not specifically spelled out in the regulations,,

A person can come to the US to paint or to record a song or to measure a client for a suit or things like that, but the paintings and songs normally should be sold abroad, and the suit should be made abroad and paid for abroad (and then can be shipped to the US purchaser).

A person can come to the US to investigate an investment opportunity or to meet with potential clients or business partners or to repair equipment sold to an American by a foreign company.   They can come to the US to observe a business so that they can learn how to do it in their home country.   They can come to the US for a short time on behalf of a parent foreign company to work in the US at a foreign-owned company to do things like provide guidance to the US company.   In all of these cases, the B visitor is here temporarily, being paid by a foreign company to perform services on behalf of the foreign company.

In general, the line seems to be that a person cannot be earning his wages from a US source or producing things to be sold in America — unless it is something temporary and specific like receiving offerings to defray the cost of travel during an evangelical tour.    Doing occasional jobs for Americans for pay —- construction, shoveling snow, raking leaves, fixing cars, etc, for money is working for Americans, even if it is just “one time” type work, and is not allowable for someone on a B visa.

One thing that I am doubtful about is when a person is here on a B visa and works on-line for an employer in his home country.   I think that no one would complain if a person is here on vacation, and goes on line to perform a quick service for his foreign employer.   It gets more murky if the person is here on an extended B visa — perhaps for several months, and he regularly gets on line and works for an employer at home (or, perhaps, is self-employed but sells his on-line product in his foreign home country).  I think that if a Border Guard knows that he is doing this, I think that the Border Guard would not allow the person in — after all, he is working, and he is in the US.    However, I am not certain that this is in violation of the statute.  The person is not working for a US company, he is not keeping a US worker from getting a job here, his work product is being sold in another country, and he is being paid in another country.   This is a case where technology has passed the intended scope of the law.   However, if you do something like this, you need to know that it might not be found to be acceptable.

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.

I can answer this with a resounding “Yes!” and “No!”.   First off, I would say that every attorney has his own opinion, and, doubtless, many would disagree with me.   But, here is my opinion.

You cannot work in the US on a B visa.   If you are here raising support for yourself, it wouldn’t take much for a CBP (Customs and Border Protection) officer to conclude that you are working here.  After all, you are going around, asking people for money because of your m-ssionary service, and you are living on that money (or you will be living on that money when you return to your home out of the states).   This especially looks bad if you have a website with a US address where people can contribute money.   Even if you aren’t raising money while you are in the US, the existence of the website and the US address can make the CBP conclude that you are working here — the CPB are known to do web searches while you are sitting in secondary inspection to see if they can find evidence that you are “working” here in the US.    So, it is my advice that you don’t fundraise here in the US.

However, that doesn’t mean that you can’t fundraise.   You just need to be smart (and legal) about it.  As we discussed last week, you are allowed to come on an evangelistic tour.   You can come and share about your m-ssion work abroad.   And, chances are, you are associated with some organization here or abroad.   You are allowed to share about that m-ssion organization and its financial needs.   You also can share about your financial needs — after all, it is part of your m-ssion organization’s responsibilities to care for its m-ssionaries.   The ch-rch where you are speaking is free to provide support directly to your m-ssion organization.   And your m-ssion organization is free to use its money to pay its m-ssionaries, including you.

What I have just described is called deputized fundraising.   It is a method recognized by the IRS to allow people to support m-ssionaries, but still be able to get the tax deduction by donating to the m-ssion organization rather than directly to the m-ssionary.   And, donating to the organization keeps a ch-rch’s books cleaner too — it is more complicated legally if they donate to an individual.

The one thing I want to add about this is that you want to be smart and honest.   As I said, you can’t fundraise.   If you are here going from ch-rch to ch-rch asking for money, sooner or later, you could run into problems with CBP.   And, to be honest, is that what G-d has called us to?   But if you are here, in the spirit of your B visa, going from ch-rch to ch-rch, passionately sharing about what G-d is doing in your m-ssion field, there is nothing wrong with, by the way, encouraging people to support that work by praying and by donating to your m-ssion organization.

About a month ago I wrote about the five options for people who want to come to the U.S. as a m-ssionary using the B-1 visa:  Those are:

• Ministers of Religion coming on an Evangelical tour in the United States. This is for people like Billy Graham — but of course, you don’t need to be famous like him.   You can go around speaking at churches or at any venue.  I doubt that it has to be what is traditionally viewed as evangelism — it could also be, I think, someone who is sharing his vision or a word from God that he believes people in US churches need to hear.  I think this would also qualify for missionaries who come to the US to share about their vision and to call people to participate.   It is not for raising support, but, for example, a Presbyterian could share about his ministry, and people could be moved to contribute to the Presbyterian mission agency, which could then use that money to support him.   It is possible that you need to be ordained to do this.
• Ministers of religion temporarily exchanging pulpits with U.S. counterparts. This is mostly just a straight exchange where the foreign minister is just coming to serve in that specific church temporarily (probably for a very short period).
• General M-ssionary Service. This is for anyone, whether “ordained” or not, entering the United States temporarily for the sole purpose of performing m-ssionary work.   As stated earlier, “m-ssionary work” for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc. It can be quite diverse in what you are doing, and will cover most of what people come to the US to do when they are seeking to serve G-d here in the U.S.   However, it does not include ordinary administrative work, nor should it be used as a substitute for ordinary labor for hire.   But even here, if the person is engaging in the administrative work or labor is a way of serving and advancing God’s kingdom, there may be ways that it can work as well.
• An applicant coming to perform voluntary services for a religious organization, and does not qualify for R status. This is similar to the previous scenario, but it emphasizes service to a religious organization rather than coming to serve on your own.
• Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of, and have a commitment to, a particular recognized religious or nonprofit charitable organization. This is broader than the prior categories in that it includes nonprofits which are not specifically religious.   But, otherwise, it is very similar in the breadth of the ways in which people are allowed to serve.

The most essential thing that you need to prove to come into the US under a B category is that you intend to leave the US when your legal stay ends.   A B visa is a non-immigrant visa.  That means that you can only come to the US temporarily.   Furthermore, Immigration requires that you demonstrate “non-immigrant intent”.   That means that you intend to only stay temporarily.   In other words, you can’t come to the US on a B visa with the intent to try to stay here and get a green card.

Normally, if they think that you want to stay here permanently, they will not let you enter the US.   This even carries over to people who have someone petitioning for them to come here permanently.   If you are the beneficiary of an employment visa petition, or a relative petition or a Religious Worker petition, and you try to enter the US on a B visa, they could deny you permission to enter because you have the intent to immigrate when the petition is finally approved.   Even though you are intending to enter temporarily now, the fact that you eventually want to live here could be enough for them to deny you entrance on a B visa.

So, how do you convince Immigration (whether at the border, or a consulate officer) that you do not have immigrant intent?   First off, you need to show that you have a home abroad that you have no intention of leaving.   If you can’t give them a home address, they should not let you enter the US or let you get a visa to enter the US.   Secondly, they look for ties to your home country — do you own or rent a home?   Do you have a job that they expect you to return to?   Do you have bank accounts or property in your home country?   Is your husband or wife or are your children there in your home country?   Do you have close family in your home country.   Of course, none of these points will guarantee that you will return home, but that is what they look for.

Then, looking toward coming to the US, they want to know why you are coming and what you will be doing.   You can’t plan on working or earning money here.   You need to have a purpose for coming that lines up with the options (listed last week) under which you can get a B-1 m-ssionary visa.   Finally, you need to be able to demonstrate that you will be able to support yourself while you are here.   If you can’t prove that you can support yourself, they will think that maybe you are intending on working when you come here to the US.

Here are four options for people who want to come to the U.S. as a m-ssionary using the B-1 visa:

• Ministers of Religion coming on an Evangelical tour in the United States. This is for a person who will come to the U.S. and travel around preaching or speaking.   They can be supported by offerings contributed at each evangelical meeting.   But they can’t be using this “tour” to raise support for their work outside the U.S.  It is possible that this person needs to be ordained, but it is not clear.
• Ministers of religion temporarily exchanging pulpits with U.S. counterparts who will continue to be reimbursed by the foreign church and will draw no salary from the host church in the United States.
• General M-ssionary Service. This is for anyone, whether “ordained” or not, entering the United States temporarily for the sole purpose of performing m-ssionary work.   This has to be on behalf of a “denomination” .   It is not clear if the denomination has to have a presence here in the U.S. or it just means that a person has to be a member of a church, and sent by that church.  The person must receive no salary or remuneration from U.S. sources other than an allowance or other reimbursement for expenses incidental to the temporary stay. “M-ssionary work” for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc. It does not include ordinary administrative work, nor should it be used as a substitute for ordinary labor for hire.
• In cases where an applicant is coming to perform voluntary services for a religious organization, and does not qualify for R status, the B-1 status remains an option, even if he or she intends to stay a year or more in the United States.
• Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of, and have a commitment to, a particular recognized religious or nonprofit charitable organization. No salary or remuneration should be paid from a U.S. source, other than an allowance or other reimbursement for expenses incidental to the volunteers’ stay in the United States.

There are three major options for coming to the U.S. as a m-ssionary.   The simplest is the B-1 visa.  This is a visitors visa for people who want to come to the US for a temporary stay.   Normally, people come on a B visa for a short visit, but, it is possible, in some cases, to come on a B-1 visa as a m-ssionary for as long as a year.   And, it can be extended for at least one more year.  However, there are a number of restrictions and other aspects that can make this less than desirable.   The first is that it can be hard to get a B-1 m-ssionary visa.   You need to satisfy the officer at the consulate, and the officer at the border, that you are just coming for a temporary stay.   If they think that you might be thinking of staying, or that you don’t have enough ties to your home country, they may not let you have the visa or enter the U.S..   The second weakness is that you never know, when you request to be allowed to enter on a B-1 visa, how long you will be allowed to stay.   The third aspect is that you cannot work on a B-1 visa.   There are options for being supported, but you can’t be paid for services.

The second aspect is an R-1 R-ligious Worker Visa.   This allows a person to come to the US for up to five years to serve in a r-ligious position on behalf of a denomination of which he has already been a member for two years.   After he has completed the five years, he needs to stay outside of the US for one year before he can return.

The third possibility is an immigrant R-ligious Worker visa.   This allows a person to come to the US permanently to serve in a r-ligious position on behalf of a denomination of which he has already been a member for two years, and for which he has worked as a r-ligious worker for two years.   This position is somewhat in flux right now, and it is uncertain if it will continue to be available.

Employers are required to fill out an I-9 form for each new employee.   This is to establish that the new employee is allowed to work here in the U.S.   The most recent form is dated 3/8/2013.   Employers may continue to use that form until January 21, 2017.   They can, of course, use the new form, dated 11/14/2016, and starting January 22, 2017, employers must use the new form.