In my last column, I discussed that R visas
("religious visas") may be a relatively simple way to bring
religious workers to the U.S. This article will discuss how
sponsorship by a church or synagogue can allow a person to
obtain a green card. This can be done whether the person
is in the U.S. or still somewhere in the former Soviet Union.
As with the R visa, to qualify for permanent residence,
the person must be sponsored by a religious institution to
work for that institution in a traditionally religious
function. The organization must qualify as a nonprofit
religious organization under the Internal Revenue Service
guidelines, as most churches automatically do.
Unlike the temporary visa, the applicant must
have two years of qualifying work experience in the religious
vocation or other religious occupation for which the petition
is being filed. This, of course, must be documented. We typically
document this experience with a letter from the church or
religious institution where the person worked in Russia or
elsewhere in the former Soviet Union. The law provides that
the qualifying two years of religious experience, although
required to be continuous, need not be full time. Moreover,
the two years of past experience need not be paid but may
be work as a volunteer.
To apply for permanent residence, the church or other religious institution must submit an application, letter and supporting documentation stating its willingness to employ the applicant. The sponsorship application must be submitted to the INS office here, whether or not the person is presently in the U.S. If approved and the person is in the U.S., they then submit an application to the INS to change their status to permanent resident; if they in the former USSR, they would go to an American consulate to pick up their permanent residence visa.
Provided a church or other religious institution is willing to sponsor them, a religious worker can come to the U.S. within several months on an R-1 visa and then obtain permanent residence within a relatively short time afterward. It may be the simplest procedure for applying for a green card available to immigrants in these difficult times.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
|
