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IPI Presentation

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Minyoung Ohm

on 18 April 2016

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Transcript of IPI Presentation

CLINIC
Religious Immigration Services
Presents:
U.S. Immigration Law for Foreign-Born Priests

Immigration Basics
Qualifying for R-1 and Filing I-129 Petition
Obtaining R-1 Visa Abroad and Admission
R-1 Visa cannot be obtained inside the U.S. Visa is different from status!
Permanent Residence
Overview of R-1 Process

Two step process – I-129 petition approval before applying for visa
Admission period: 2.5 years (30 months)
Can be extended for another 2.5 years
Extensive Documentation
Attestation Requirements
Site Visits



I-129 Approval Notice with I-94 Card

Status

is the period of time an individual is authorized to stay in the U.S.
is granted on admission to the U.S. at port of entry and can be extended or changed by USCIS within the U.S.
is shown on the I-94 card
A visa provides entry to the U.S. but not status

What is Status?


8 C.F.R. 214.2(r)(1)


Basic Requirements for R-1


Member of denomination for two (2) years

Denomination has a nonprofit, federally tax-exempt religious organization in the U.S.

Coming to U.S. to work at least 20 hours per week



Sponsor files I-129 Petition in U.S. (with USCIS)
I-129 Petition is approved
Beneficiary applies for R-1 Visa at U.S. consulate abroad and is interviewed
R-1 Visa is granted/approved.
Religious Worker enters U.S. with R-1 Visa and is granted R-1 Status

The R-1 Process

VISA WAIVER PROGRAM
Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements.
Currently, 35 countries participate in the Visa Waiver Program.
NOTE: On Visa Waiver Program, visitor cannot extend status beyond 90 days or change status.


Does Everyone Need a Visa?

An immigrant

is admitted to the U.S. without restriction as to length of stay, i.e., is arriving to stay permanently, or who becomes a permanent resident within the U.S.
can do everything a U.S. citizen can do except vote in state and federal elections



Who is an Immigrant?

A nonimmigrant

is admitted to the U.S. for a temporary period of time.

is limited in length of time in the U.S.

is limited in activities s/he can do in the U.S.

Who is a Nonimmigrant?

We are immigration attorneys for the Catholic Legal Immigration Network, Inc. (CLINIC). We practice exclusively in the area of “religious” immigration law.

We prepare cases for filing with the U.S. Citizenship and Immigration Services (USCIS) and represent over 250 Archdioceses, Dioceses, and Religious Communities.


Common Nonimmigrant Types


B1/B2 – Visitor for Business/Tourism
F-1 – Student
H-1B – Professional Occupation
R-1 – Religious Worker

8 C.F.R. 214.2(r)(1)

Basic Requirements

May be in US for a temporary period of time -- not more than five (5) years

Must fit into one of three (3) categories:
minister, religious vocation or religious occupation

A visa

is an official authorization in a passport permitting entry into and travel within a country

Is the key to entering U.S.

shows the last date on which an individual may apply to enter the U.S.



What is a Visa?

U.S. Consulate

U.S. Embassy


U.S. Department
of State
(DOS)

Who Issues Visas?

These concepts are the building blocks of immigration law

Nonimmigrant

Immigrant

Visa

Status

Basic Immigration Terms

Port of Entry – “SFR”
San Francisco, CA

SFR

R-1 classification based on R-1
nonimmigrant visa.

R-1 STATUS (period of authorized stay)
expires September 11, 2012 .

Admitted to the U.S. on July 29, 2010

I-94 Number

I-94 Arrival/Departure Record

I-94 Card – for change and/or extension of R-1 STATUS

I-129 Approval Notice with I-94 Card

C
Visa Expiration Date -- expiration date is the last date on which an individual may apply to enter the U.S.

B
Visa class is “R-1” for R-1 Religious Worker.

D Visa Number
(in red)

A
Visa Type is “R” for Regular versus “D” for Diplomatic

G
“M” is for “Multiple Entries

E
Petitioner and I-129 Receipt #

F
Visa Issue Date

R-1 Nonimmigrant Visa


Center for Religious Immigration and Protection
Presents:

U.S. Immigration Law
for Foreign-Born Priests

Oblate School of Theology
International Priest Internship
August 6, 2012
San Antonio, Texas

A nonimmigrant

is admitted to the U.S. for a temporary period of time.

is limited in length of time in the U.S.

is limited in activities s/he can do in the U.S.

Who is a Nonimmigrant?


Center for Religious Immigration and Protection
Presents:

U.S. Immigration Law
for Foreign-Born Priests

Oblate School of Theology
International Priest Internship
August 6, 2012
San Antonio, Texas



USCIS must be notified by petitioning employer within 14 days when a person in R-1 status is no longer working for the petitioning employer or is working less than the required number of hours

Sponsor Notification Requirement

Overview of R-1 Process

Two step process – I-129 petition approval before applying for visa
Admission period: 2.5 years (30 months)
Can be extended for another 2.5 years
Extensive Documentation
Attestation Requirements
Site Visits



I-129 Approval Notice with I-94 Card

VISA WAIVER PROGRAM
Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements.
Currently, 35 countries participate in the Visa Waiver Program.
NOTE: On Visa Waiver Program, visitor cannot extend status beyond 90 days or change status.


Does Everyone Need a Visa?

Question & Answer
Time

Maximum period you can stay in the U.S. in R-1 status is 5 years.
Eligible for new period of R-1 time after you have been outside the U.S. for at least 1 year.
If want to stay beyond 5 years, talk to employer about permanent residence or another visa option (another type of work visa).

My R-1 time is almost maxed…


TRAVELING DURING PERMANENT RESIDENT PROCESS




Allowed to do everything U.S. born citizen can do except vote in state and federal elections
Admitted without limit as to length of stay, but must renew card every ten (10) years
Required to maintain the permanence of the residence in the U.S. (limits on living abroad)
Vulnerable to losing permanent resident status and removal from the U.S. depending on whether individual commits a crime, the type of crime committed, and its legal consequences.




Once a Permanent Resident . . .

Sample LPR Card

Adjustment of Status:

IMPORTANT:

• Individual must continue to maintain R-1 status. Filing the application does not give lawful status in the U.S.


Maintaining Status while I-360 Pending

Break in two years experience is permitted if:
break was for sabbatical or religious training;
individual was still employed and compensated;
break did not exceed two years;
And does not include unauthorized employment

Break in the 2-Year Experience

2 years continuous experience immediately prior to filing application, abroad or in the U.S. in lawful immigration status

Two years of experience need not correspond precisely to the type of work to be performed



Experience Requirement

Two (2) years membership in religious denomination.
Religious denomination is a nonprofit, tax-exempt 501(c)(3) religious organization in the U.S.
Be coming to the U.S. to work in a full time (average of at least 35 hours per week) compensated position in one of the following:
Solely in the vocation of a minister of that religious denomination;
A religious vocation; or
A religious occupation



Requirements

Remember:
R-1 nonimmigrants can remain in the U.S. for up to 5 years.
Each person’s case is different.
Not everyone wants or needs to become a permanent resident.
The person who wants to become a permanent resident must intend to reside in the U.S. permanently.


When does one apply for Special Immigrant status?

Two-part process:

I-360 Petition + I- 485 Application =
Permanent Residence Card

Requires a sponsor (the employer)

Permanent Residence is not Citizenship – can be lost








Introduction to Permanent Residence


Beneficiaries of a pending I-129 petition for extension of R-1 status may travel without abandoning their petition.

HOWEVER

Beneficiary MUST have a valid visa to re-enter the United States.
Beneficiaries of pending I-129 for change of status may lose their change of status if traveling abroad. Consult immigration attorney before travel!


Travel while an Extension or Change of Status is Pending

BE CAREFUL: I-129 Petition must be APPROVED BEFORE new activity begins
USCIS processing time currently 5 months

When changing F to R, CANNOT BEGIN WORK as religious worker until R status is approved

If the individual begins the new activity before approval = unlawful employment





Changing Status

For extension of status, need to file
I-129 Petition (petition for nonimmigrant worker)

Employer files petition on behalf of Religious Worker (beneficiary)

Must be filed before current R-1 status expires

Work Authorization with I-129 extension pending: 240 Days Rule

Extending R-1 Status

Recordkeeping

If you overstay on your R-1 status (stay beyond the date on I-94 card) you begin to accrue UNLAWFUL PRESENCE.
If you accrue over 6 months of unlawful presence you are subject to the 3 year bar.
If you overstay over 1 year, you are subject to the 10 bar.

OVERSTAYS: 3/10 Bars

Canadians are visa exempt

Canadians entering in R-1 status for the first time must have approved I-129 petition before requesting R-1 status at the border

May use previously issued I-94, if it is valid for multiple entries and individual has traveled only to Canada or Mexico for less than 30 days

Canadians

R-1 Visa is Granted/Approved

Passport returned with R-1 Visa
R-1 Visa validity dates vary according to the approved petition validity dates
A Visa does NOT automatically guarantee admission into the U.S.

Preparing for Visa Interview

Answer all questions honestly on all forms (prior arrests, convictions, or past immigration problems)

Read and understand the I-129 petition filed by your sponsor

Articulate purpose of stay in the U.S. and that it is temporary

Original Notice of Action - Form I-797 (I-129 approval notice)
Confirmation Page Print Out from Online Nonimmigrant Visa Electronic Application, Form DS-160
One (1) 2 x 2 inch photograph (if not uploaded in DS-160 application)
Receipt for payment of $190 application fee
Passport Valid for at least 6 months
See website of embassy/consulate for more information

R-1 Visa: Required Documents

Visit the appropriate Consulate’s website and review the requirements: www.usembassy.gov
Review the visa wait times for planning purposes
http://travel.state.gov/visa/temp/wait/wait_4638.html
Check fees and reciprocity requirements:
http://travel.state.gov/visa/fee/ fees_1341.html






Applying for R -1 Visa

Officer visits – with or without notification
Location – petitioner AND beneficiary work address
Now more focus on beneficiary’s address
Officer may ask to see ANY documents or records
Officer may take photos
Officer may make return visit

What is a Site Visit?

Form I-129 – all I-129 Petitions are filed at the USCIS California Service Center (Fee $325)

Form is 13 pages long (with “R” Supplement) with questions about sponsor and beneficiary

“R” Supplement contains Attestation Section requiring very specific, detailed information

A duplicate copy must be sent with the application to ensure consular notification abroad (from Kentucky Consular Center)


Sponsor files I-129 Petition

Minister (Priest or Deacon)
Canon Law showing educational requirements have been met
Transcripts and/or degrees
Ordination Certificate
Daily and weekly schedule showing traditional duties reserved for clergy

Religious Vocation (Religious Sister/Brother)
Final or Perpetual Vows showing lifelong commitment
Registry of Vows or Letter of Qualifications from Religious Order

Proving Qualifications for Category

Three Categories: 1. Minister


Authorized by a recognized denomination to conduct religious worship and
perform other duties traditionally reserved for the clergy.

Fully trained according to the denomination’s standards.

Sponsor files I-129 Petition in U.S. (with USCIS)
I-129 Petition is approved
Beneficiary applies for R-1 Visa at U.S. consulate abroad and is interviewed
R-1 Visa is granted/approved.
Religious Worker enters U.S. with R-1 Visa and is granted R-1 Status

The R-1 Process

What is Status?

Who is an Immigrant?

A nonimmigrant

is admitted to the U.S. for a temporary period of time.

is limited in length of time in the U.S.

is limited in activities s/he can do in the U.S.

Who is a Nonimmigrant?

Immigration Basic Terms
R-1 (Religious Worker) Process
I-129 Petition
R-1 Visa
Maintaining Status/Changing Status
Permanent Residence
I-360 Petition
Adjustment of Status







Overview of Presentation

We are immigration attorneys for the Catholic Legal Immigration Network, Inc. (CLINIC). We practice exclusively in the area of “religious” immigration law.

We prepare cases for filing with the U.S. Citizenship and Immigration Services (USCIS) and represent over 250 Archdioceses, Dioceses, and Religious Communities.


Center for Religious
Immigration and Protection

We provide legal services for foreign born religious workers

Phone: 202-756-5549
Email: RIS@cliniclegal.org

Center for Religious
Immigration and Protection

www.uscis.gov

All non-U.S. citizens must notify USCIS when they move to a new address
Form AR-11
Must be done within 10 days
Can be done online at:

I moved to a new address…


Traveling while I-485 Pending



If filed an I-485 application for permanent residence:

You must have your travel permit from USCIS (advance parole) before taking a trip abroad

OR you abandon your I-485 application!







An individual may have a pending or approved I-360 petition and not be precluded from traveling abroad on an R-1 visa or applying for an R-1 visa to re-enter the U.S.








Traveling while I-360 Pending
Good News!

Consular Processing

Applying for the Immigrant Visa Outside the U.S.
Complete DS-230 form and attend a personal Interview with supporting documents
Scheduling of an interview by a consulate can delay the process
Obtain an immigrant visa stamp and show this when entering the US; LPR card will then come in the mail


Required Documents

Medical Exam
Six (6) Photographs
Birth Certificate
Copies of All Passports and I-94s
I-360 Approval Notice
Employment Letter
Filing Fee (currently $1,070)

Unauthorized Work (working for someone other than the sponsor) breaks the two years of continuous lawful work experience.

Watch Out!

Permanent Residence Process

Need to plan on getting a new visa while outside U.S.

May need to file a new I-129 petition

If passport will expire in 6 months or less, should renew passport before applying for new visa

Check Your Visa and Passport

REMEMBER: A trip outside the U.S. can affect immigration status.

Before planning a trip abroad, religious worker needs to inform employer and immigration attorney of travel plans.

Thinking Before Traveling Abroad


To change status, e.g. from F-1 to R-1, file an I-129 Petition and wait for approval

I-129 Petition must be filed before the former status expires

Status normally expires when I-94 card expires (but students have 60-day grace period at end of academic program)



Changing Status


The new diocese or community files the form (I-129 Petition) and supporting documentation on behalf of the individual before the individual changes employers. The individual does not join the new diocese/community until after the change is approved by USCIS.




Right Way to Change Employer



The individual changes organizations before the new organization files form (I-129 Petition) for change of employer, and/or the individual begins working for the new organization before the form is approved by USCIS.

NOTE: An unauthorized change of employer constitutes a failure to maintain status. The individual will not be eligible to file for extensions of stay or permanent residence.

Wrong Way to Change Employer


If sponsored by a Diocese, changing assignments to a new parish is not a new employer
If sponsored by a Religious Community, changing assignments to a different diocese or parish is not a new employer



Is it really a New Employer?

Abide by the Federal Regulations
Preserve opportunity for future immigration benefits
Preserve eligibility for extension of R-1 status
Preserve eligibility for permanent residence
Avoid Removal from U.S.


Why Maintain R-1 Status?

8 C.F.R. 214.2 (r)(6)

5 years maximum in R-1 status at one time
Religious worker will need to leave the U.S. for one year after 5 years in R-1 status before being granted a new 5-year period
Exception: five year limit does not apply to those
who did not continually reside in the U.S. (6 months or less aggregate per year), or
whose employment in U.S. was seasonal/intermittent.







Nonimmigrant (Temporary) Stay

Admission to US

Show passport, visa, and I-129 petition approval notice to CBP Officer.

Admission by CBP is discretionary and CBP officers make mistakes.

Make sure that your I-94 card has the symbol “R-1” and the expiration date is at least for 30 months (2.5 years) or up to the expiration date on your I-129 petition



Possible Delays in Visa Issuance

Erroneous denials based on lack of adequate ties abroad, lack of experience, misunderstanding of categories of religious workers
Administrative Reviews (security check, name check, etc.)
Petition approval is somehow not verified by the Department of State's Petition Information Management Service (PIMS).



I-129 Approval Notice is received by employer
The foreign born individual is notified of approval
The individual plans to apply for R visa

I-129 Approved – Now What?

Regular Processing:
Current processing time at USCIS is 5 months – must plan ahead!

Premium Processing:
15 days or less with additional fee of $1225 (or fee returned) – but only available for religious organizations that have had successful site inspection at location where beneficiary will be employed



I-129 Petition Processing Times


The R-1 Religious Worker category is an EMPLOYMENT- BASED nonimmigrant category.
Showing proof of compensation by sponsor is important, even if it is non-salaried compensation.











R-1 is Employment Based

Three Categories: 3. Religious Occupation


primarily relates to traditional religious function and


recognized as a religious occupation within the denomination [and]


primarily related to, and clearly involves carrying out the religious belief
or creed of the denomination.


Three Categories: 2. Religious Vocation


formal lifetime commitment

demonstrated by vows or other ceremonies; and

evidence of a traditional established class different from secular members.





8 C.F.R. 214.2(r)(1)


Basic Requirements for R-1


Member of denomination for two (2) years

Denomination has a nonprofit, federally tax-exempt religious organization in the U.S.

Coming to U.S. to work at least 20 hours per week

May be in US for a temporary period of time -- not more than five (5) years

Must fit into one of three (3) categories:
minister, religious vocation or religious occupation


Common Nonimmigrant Types


B1/B2 – Visitor for Business/Tourism
F-1 – Student
H-1B – Professional Occupation
R-1 – Religious Worker

Adjustment of Status

USCIS Forms:

G-28
I-485
G-325A
I-765 (employment authorization document)
I-131 (travel document)

Consular Processing:

Step 1: apply for classification as a special immigrant religious worker with USCIS

Step 2: apply for the immigrant visa outside the U.S.

Adjustment of Status (I-485):

After I-360 is approved, file I-485 adjustment of status application with USCIS
Apply for an adjustment of one’s status to permanent resident inside the U.S.

Get LPR in U.S. or Abroad

22 C.F.R. § 41.112(d)

May travel to Mexico/Canada
for less than 30 days;

Must have:
- valid continuing I-94;
- valid passport;

May re-enter U.S.
without a new visa

Exception to Visa Requirement


What is an Unauthorized Change of Employer?
Change of employer without USCIS approval.


Why does it matter?
An unauthorized change of employer constitutes a
failure to maintain status. It makes the individual
ineligible for other immigration benefits.



Changing Employing
Religious Organization

Now what do we do???

Finally in the U.S.!

8 C.F.R. 214.2(r)(1)

Basic Requirements

An immigrant

is admitted to the U.S. without restriction as to length of stay, i.e., is arriving to stay permanently, or who becomes a permanent resident within the U.S.
can do everything a U.S. citizen can do except vote in state and federal elections



A visa

is an official authorization in a passport permitting entry into and travel within a country

Is the key to entering U.S.

shows the last date on which an individual may apply to enter the U.S.



What is a Visa?

Example: Father Bernard was sponsored for his R-1 visa by the Missionary Oblates of Mary Immaculate. Once he is admitted to the U.S. as an R-1 Religious Worker, he will only be authorized to work for the Oblates.

An R-1 Religious Worker is authorized to work. However, he/she is only authorized to work for the religious organization that sponsored his/her R-1 classification.

Make copies of your passport including R-1 Visa, pages stamped, and ALL I-94 cards.

Give copies to your sponsor (HR, contact person).

Keep track of important dates – when your passport expires, when your R-1 visa expires, when your I-94 expires, etc.

Ultimately YOU are responsible for your immigration status while you are in the U.S.

Once inside the U.S.
as a Religious Worker

U.S. Consulate

U.S. Embassy


U.S. Department
of State
(DOS)

Who Issues Visas?

Immigrant

Visa

Nonimmigrant

Status

These concepts are the building blocks of immigration law

Nonimmigrant

Immigrant

Visa

Status

Basic Immigration Terms

Port of Entry – “SFR”
San Francisco, CA

SFR

R-1 classification based on R-1
nonimmigrant visa.

R-1 STATUS (period of authorized stay)
expires September 11, 2012 .

Admitted to the U.S. on July 29, 2010

I-94 Number

Status

is the period of time an individual is authorized to stay in the U.S.
is granted on admission to the U.S. at port of entry and can be extended or changed by USCIS within the U.S.
is shown on the I-94 card
A visa provides entry to the U.S. but not status

I-94 Arrival/Departure Record

I-94 Card – for change and/or extension of R-1 STATUS

I-129 Approval Notice with I-94 Card

C
Visa Expiration Date -- expiration date is the last date on which an individual may apply to enter the U.S.

B
Visa class is “R-1” for R-1 Religious Worker.

D Visa Number
(in red)

A
Visa Type is “R” for Regular versus “D” for Diplomatic

G
“M” is for “Multiple Entries

E
Petitioner and I-129 Receipt #

F
Visa Issue Date

R-1 Nonimmigrant Visa

Common Nonimmigrant Types

B1/B2 – Visitor for Business/Tourism
F-1 – Student
H-1B – Professional Occupation
R-1 – Religious Worker

A visa
is an official authorization in a passport permitting entry into and travel within a country
Is the key to entering U.S.
shows the last date on which an individual may apply to enter the U.S.
What is a Visa?

Who is an Immigrant?

An immigrant

is admitted to the U.S. without restriction as to length of stay, i.e., is arriving to stay permanently, or who becomes a permanent resident within the U.S.

can do everything a U.S. citizen can do except vote in state and federal elections
What is Status?

is the period of time an individual is authorized to stay in the U.S.
is granted on admission to the U.S. at port of entry and can be extended or changed by USCIS within the U.S.
is shown on the I-94 card
A visa provides entry to the U.S. but not status
Overview of R-1 Process
Sponsor files I-129 Petition in U.S. (with USCIS) and
I-129 Petition is approved
Beneficiary applies for R-1 Visa at U.S. consulate abroad and is interviewed
R-1 Visa is granted/approved and beneficiary makes travel arrangements
Religious Worker enters U.S. with R-1 Visa and is granted R-1 Status
Basic Requirements for R-1
Member of denomination for two (2) years

Denomination has a nonprofit, federally tax-exempt religious organization in the U.S.

Coming to U.S. to work at least 20 hours per week

May be in US for a temporary period of time -- not more than five (5) years

Must fit into one of three (3) categories: minister, religious vocation or religious occupation
Three Categories:
2. Religious Vocation

formal lifetime commitment
demonstrated by vows or other ceremonies; and
evidence of a traditional established class different from secular members.
Three Categories:
3. Religious Occupation
primarily relates to traditional religious function and
recognized as a religious occupation within the denomination [and]
primarily related to, and clearly involves carrying out the religious belief or creed of the denomination.
Minister (Priest or Deacon)
Canon Law showing educational requirements have been met
Transcripts and/or degrees
Ordination Certificate
Daily and weekly schedule showing traditional duties reserved for clergy

Religious Vocation (Religious Sister/Brother)
Final or Perpetual Vows showing lifelong commitment
Registry of Vows or Letter of Qualifications from Religious Order

Religious Occupation (Lay workers)
Proof of any prior religious work or degree in religious education helpful, but not required
Documents Needed to Prove Qualifications for Category
Maintaining Status
I-129 Petitions are filed at the USCIS California Service Center (Fee $325)

Form is 13 pages long (with “R” Supplement) with questions about sponsor and beneficiary

“R” Supplement contains Attestation Section requiring very specific, detailed information

R-1 religious worker category is an EMPLOYMENT BASED nonimmigrant category - important to show proof of compensation by sponsor, even if it is non-salaried compensation

Sponsor (Employer) Files I-129 Petition with USCIS
I-129 Petition Processing Times and Premium Processing
5 years maximum in R-1 status at one time

Religious worker will need to leave the U.S. for one year after 5 years in R-1 status before being granted a new 5-year period

Exception: five year limit does not apply to those
who did not continually reside in the U.S. (6 months or less aggregate per year), or whose employment in U.S. was seasonal/intermittent.

Period of Time Allowed in R-1
I-129 Approval Notice is received by employer
The foreign born individual is notified of approval
The individual plans to apply for R visa
I-129 Approved – Now What?
Visit the appropriate Consulate’s website and review the requirements: www.usembassy.gov

Review the visa wait times for planning purposes
http://travel.state.gov/

Check fees and reciprocity requirements:
http://travel.state.gov/

Applying for R -1 Visa

R-1 Visa: Required Documents

Preparing for Visa Interview
Answer all questions honestly on all forms (prior arrests, convictions, or past immigration problems)

Read and understand the I-129 petition filed by your sponsor

Articulate purpose of stay in the U.S. and that it is temporary
R-1 Visa is Granted/Approved
When passport returned with R-1 Visa, check personal information and R-1 Visa validity dates (should follow the approved petition validity dates)

A Visa does NOT automatically guarantee admission into the U.S.

Possible Delays - erroneous denial, administrative review (security or name check), or lack of petition verification through PIMS (Petition Information Management Service)
Admission to US
Retrieving I-94 Record Online
Canadians

Abide by the Federal Regulations

Preserve opportunity for future immigration benefits

Preserve eligibility for extension of R-1 status

Preserve eligibility for permanent residence

Avoid Removal from U.S.


Why Maintain R-1 Status?
Recordkeeping
Make copies of your passport including R-1 Visa, pages stamped, and ALL I-94 cards.

Give copies to your sponsor (HR, contact person).

Keep track of important dates – when your passport expires, when your R-1 visa expires, when your I-94 expires, etc.
Changing Employing Religious Organization

Is it really a different employer?
If it is a different employer:
If it is a same employer but just different location:
New employer files a new I-129 petition - Employee should not work at the new employer until the new I-129 petition is approved
No new I-129 petition needed
Three Categories: 1. Minister

Authorized by a recognized denomination to conduct religious worship and perform other duties traditionally reserved for the clergy.
Fully trained according to the denomination’s standards.
Oblate School of Theology International Priest Internship
August 4, 2015
San Antonio, Texas

by Minyoung Ohm

Regular Processing: Current Processing time at USCIS is 5 months - plan ahead

Premium Processing: 15 days or less with additional fee of $1,225 (or fee returned) - but only available to religious organizations that have had successful site inspection at location where beneficiary will be employed
Show passport, visa, and I-129 Petition approval notice to CBP officer

Admission by CBP is discretionary and CBP officers make mistakes

Make sure that your passport stamp has the symbol "R-1" and the expiration date is at least for 30 months (2.5 years) or up to the expiration date on your I-129 petition
There will be no I-94 card issued at the airport
Officer will only handwrite the admission information on your passport
You must later visit www.cbp.gov/i94 and submit your personal information in order to print out your electronic I-94 card
Canadians are visa exempt
Canadians entering in R-1 status for the first time must have approved I-129 petition before requesting R-1 status at the border
May use previously issued I-94 card, if it is valid for multiple entries and individual has traveled only to Canada for less than 30 days
Sponsor Notification Requirement
USCIS must be notified by petitioning employer within 14 days when a person in R-1 status no longer working for the petitioning employer or is working less than the required number of hours
Beneficiary should file AR-11 change of address form
Extending R-1 Status
Changing Status
Think before Travel
Remember that a trip outside the US can affect immigration status
Check your visa to make sure that it will still be valid at the time of return - if not plan on getting a new visa while abroad
Check your passport to make sure that it will still be valid for the duration of time you are in the US

Exception to the Visa Requirement
Original Notice of Action - Form I-797 (I-129 approval notice)

Confirmation Page Print Out from Online Nonimmigrant Visa Electronic Application, Form DS-160

One (1) 2 x 2 inch photograph (if not uploaded in DS-160 application)

Receipt for payment of $190 application fee

Passport Valid for at least 6 months from the date of intended return

See website of embassy/consulate for more information
I-94 card expiration
6 months past the I-94 card expiration
1 year past the I-94 card expiration
Must leave the country or have filed extension or change of status
Over 1 year of unlawful presence - Subject to 10 year bar
Over 6 month of unlawful presence - Subject to 3 year bar
Overstays: 3 and 10 year Bars
Ultimately YOU are responsible for your immigration status while you are in the U.S.!
I-94 card expiration date
240-day rule: If properly filed extension of status, you can continue to work under 240 day rule even if your I-94 card expired
Extension must be filed before I-94 card expiration date
Change of status must be filed before I-94 expiration date
I-94 card expiration date
You can now begin the new activitiy
Change of Status is approved
If change of status properly filed, you can continue to stay in the U.S. even if I-94 card has expired but you cannot start the new activity
It all depends who sponsored your R-1 visa
Extension is approved
May travel to Mexico/Canada for less than 30 days with an expired visa
Must have valid continuing I-94 and valid passport
May re-enter US without a new visa
Two-part process:

I-360 Petition + I- 485 Application = Permanent Residence Card

Requires a sponsor (the employer)

Permanent Residence is not Citizenship – can be lost

Introduction to Permanent Residence
Remember:
R-1 nonimmigrants can remain in the U.S. for up to 5 years.
Each person’s case is different.
Not everyone wants or needs to become a permanent resident.
The person who wants to become a permanent resident must intend to reside in the U.S. permanently.

Two (2) years membership in religious denomination.

Religious denomination is a nonprofit, tax-exempt 501(c)(3) religious organization in the U.S.

Be coming to the U.S. to work in a full time (average of at least 35 hours per week) compensated position in one of the following:

Solely in the vocation of a minister of that religious denomination;
A religious vocation; or
A religious occupation
Requirements
2 years continuous experience immediately prior to filing application, in the US or abroad

Two years of experience need not correspond precisely to the type of work to be performed
2 Years of Experience

Recent Change: USCIS revised the regulations by deleting the language "in lawful status" thus making the 2 years of experience be in lawful or unlawful status
2 years of experience can be shown by letters of experience, paystubs, other non-salaried compensation
Break in two years experience is permitted if:

break was for sabbatical or religious training;

individual was still employed and compensated;

break did not exceed two years;

And does not include unauthorized employment
Break in the 2-Year Experience

IMPORTANT:

Individual must continue to maintain R-1 status.
Filing the I-360 Petition does not give lawful status in the U.S.

Maintaining Status while I-360 Pending
2 Ways to Obtain a Permanent Resident Card (in the US or Abroad)
What You Need to File I-485
USCIS Forms:

G-28
I-485
G-325A
I-765 (employment authorization document)
I-131 (travel document)

Consular Processing:

Step 1: apply for I-360 petition with USCIS (check the box to notify the Consulate abroad)

Step 2: leave the US and apply for the immigrant visa outside the U.S.

step 3: Obtain immigrant visa and come into the US
Adjustment of Status (I-485):

Step 1: apply for I-360 petition with USCIS

Step 2: file I-485 adjustment of status application with USCIS

step 3: permanent resident card comes in the mail

Required Documents:

Medical Exam
6 photographs
birth certificate
Copies of all passports, I-94 cards
I-360 approval notice
Employment letter
Filing fee
Interview (for only selected few)
Fingerprints are sent to FBI
Approval of I-485
Attend your Biometrics appointment
USCIS issues receipt notices within one month of filing
Adjustment of Status (I-485) Process
Travel documents and Employment authorization card are approved within 3 months
Possible Request for Evidence
Permanent resident card arrives in the mail
File I-485 application with supporting documents
Consular Processing
Applying for the Immigrant Visa Outside the U.S.
Complete DS-230 form and attend a personal Interview with supporting documents
Scheduling of an interview by a consulate can delay the process
Obtain an immigrant visa stamp in your passport and show this when entering the US
LPR card will then come in the mail


Allowed to do everything U.S. born citizen can do except vote in state and federal elections

Admitted without limit as to length of stay, but must renew card every ten (10) years

Required to maintain the permanence of the residence in the U.S. (limits on living abroad)

Vulnerable to losing permanent resident status and removal from the U.S. depending on whether individual commits a crime, the type of crime committed, and its legal consequences.

Reentry Permit - if you will be living abroad for 6 months or more, you may wan to think about applying for a re-entry permit (Form I-131) before you leave the United States




Once a Permanent Resident . . .
Traveling while I-485 Pending
If filed an I-485 application for permanent residence:

You must have your travel permit from USCIS (advance parole) before taking a trip abroad OR you abandon your I-485 application!

Travel while I-360 is pending

You may travel abroad as long as you have a valid R-1 visa (if you do not have a valid R-1 visa, you may need to apply for a new visa while abroad or even get a new I-129 petition
All non-U.S. citizens must notify USCIS when they move to a new address by filing Form AR-11

Must be done within 10 days of moving

Can be done online at: www.uscis.gov

I moved to a new address…
Miscellaneous Issues - Change of Address and Site Visits
Officer visits – with or without notification
Location – petitioner AND beneficiary work address
When - before petition approval or after petition approval
Now more focus on beneficiary’s address
Officer may ask to see ANY documents or records, may take photos, may make return visit

What is a Site Visit?
We provide legal services for foreign born religious workers

Phone: 301-565-4832
Email: RIS@cliniclegal.org

Religious Immigration Services
Center for Religious Immigration and Protection
We are immigration attorneys for the Catholic Legal Immigration Network, Inc. (CLINIC). We practice exclusively in the area of "religious" immigration law.

We prepare cases for filing with the U.S. Citizenship and Immigration Services (USCIS) and represent over 250 Archdioceses, Dioceses, and Religious Communities.

for example: F-1 to R-1 or B-1 to R-1
If properly filed extension of status, you are in valid R-1 status even if I-94 card expired
Must maintain your current status
Always provide most up-to-date and correct phone number and email address for immigration paperwork.

Regularly check your voicemail and email address for USCIS communication.

Assign designated person to respond to USCIS at your work location
Inform reception staff and other personnel about possible site visit
Make sure staff know your whereabouts so that they can direct USCIS officer to you

Keep your immigration documents easily accessible and readily identifiable.

How to Prepare for Site Visit
When does one apply for special immigrant status?
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