We provide full representation to Disciples regions and churches petitioning for pastors in nonimmigrant religious worker cases (R-1 visas) and special immigrant religious worker cases (green cards for religious workers).
There are no attorneys’ fees charged for these services.
Pastors and seminarians, please contact Disciples Immigration Legal Counsel directly to discuss your situation.
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A BRIEF INTRODUCTION TO RELIGIOUS WORKER VISAS
There are two different types of religious worker visas, which are described below. There are also other types of work visas and paths to legal immigration status that are not detailed here but may be better options for pastors and seminarians in particular situations.
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R-1 Visa
The R-1 visa is a temporary visa, called a nonimmigrant visa. It allows a religious worker to live and work in the U.S. for up to thirty months and is renewable for up to five years. The R-1 visa holder is allowed to work only for the employer (a church or region) that petitioned for her. Her spouse and minor children may qualify for R-2 visas as her dependents. Dependents with R-2 status may live in the U.S., but they are not allowed to work.
A region or church files a petition and supporting evidence with U.S. Citizenship & Immigration Services (USCIS). The religious worker cannot file the petition for herself. If the petition is approved, the religious worker may then apply to enter the U.S. on an R-1 visa or change to R-1 status, depending on whether she is abroad or already lawfully in the U.S.
To be eligible for R-1 status, a religious worker must:
- have been a member of the Christian Church (Disciples of Christ) or its affiliates abroad for at least the past 2 years,
- have a job offer in the U.S. to do compensated “religious work” for at least 20 hours per week,
- have the support of the regional office and the church
- be “admissible” to the U.S. (This depends on the individual’s immigration and criminal history, if any.), and
- intend to leave the U.S. when the status expires
- meet other requirements
Special Immigrant Religious Worker
The Special Immigrant Religious Worker category leads to a permanent immigration status. It allows a religious worker to apply for Lawful Permanent Residence, known as a green card. As a Lawful Permanent Resident, a religious worker may live in the U.S. indefinitely and work for any employer. His spouse and minor children may qualify as his dependents and also obtain green cards.
A region or church files a petition for the religious worker. In certain cases, the religious worker may instead file the petition for himself. If the petition is approved, the religious worker may then apply for Lawful Permanent Residence. If the religious worker is abroad, he applies at the U.S. consulate. If he is already lawfully in the U.S., he applies through a process called adjustment of status.
To be eligible for the Special Immigrant Religious Worker category, a religious worker must:
- have been a member of the Christian Church (Disciples of Christ) or its affiliates abroad for at least the past 2 years,
- have been working full time doing compensated “religious work” for at least the past 2 years,
- have a job offer in the U.S. to do compensated religious work for at least 35 hours per week,
- have the support of the regional office and the church, and
- be “admissible” to the U.S. (This depends on the individual’s immigration and criminal history, if any.)
- meet other requirements
For more information, see the USCIS website: R-1 Nonimmigrants and Special Immigrant Religious Workers.
WARNING:
Petitioning for any type of immigration benefit, especially for religious workers, is a complicated and time-intensive process. In recent years, the U.S. Department of Homeland Security has been especially hesitant to grant these types of visas. All cases are now subject to rigorous scrutiny, including a site visit from the Fraud Detection and National Security Unit. Contact Disciples Immigration Legal Counsel for a consultation to determine if you are eligible and to prepare for this process.