Green Card for Religious Workers
The Immigration and Nationality Act (INA) offers two visa categories for religious workers: the temporary nonimmigrant "R" status and the immigrant "SD" status for legal permanent residency in the United States. This article focuses on the requirements and application process for the "SD" visa, categorized under the fourth preference special immigrant category.
Religious workers encompass ministers authorized by recognized denominations to conduct worship and perform clergy duties, including administering sacraments. This definition excludes lay preachers. A religious vocation signifies a lifelong commitment to religious life, exemplified by nuns and monks. Conversely, a religious occupation involves habitual engagement in traditional religious activities, such as liturgical work, religious instruction, and missionary work. Importantly, roles like janitors or fundraisers do not qualify under this definition.
Eligibility Criteria
To qualify for permanent residency as a religious worker, applicants must meet the following criteria:
1. Membership: For at least two years before applying, the applicant must belong to a religious denomination that has a legitimate non-profit religious organization in the U.S.
2. Employment: The applicant must seek to work in a full-time (average of 35 hours or more per week) compensated position in one of the following:
- As a minister of the religious denomination.
- In a religious vocation, whether professional or nonprofessional.
- In a religious occupation, in either capacity.
3. Sponsoring Organization: The applicant must be employed by a bona fide non-profit religious organization or an affiliate of their religious denomination in the U.S.
4. Work Experience: The applicant must have engaged in the aforementioned roles for at least two years immediately preceding the application, either abroad or in lawful status in the U.S. Employment must relate to traditional religious functions.
Understanding "Religious Denomination"
A religious denomination is defined as a community of believers with some form of ecclesiastical governance. Key features include:
- A recognized creed or statement of faith.
- Common worship practices and religious ceremonies.
- Established places of worship.
Application Process for the I-360 Petition
Any individual, including the applicant, can file a Form I-360 petition with the U.S. Citizenship and Immigration Services (USCIS). After approval, applicants will receive instructions for applying for the special immigrant visa.
Required Documentation
The I-360 petition must include:
- A letter from an authorized official of the religious organization attesting to the applicant's qualifications.
- Evidence of the organization's non-profit status and tax-exempt status under Section 501(c)(3).
Visa Ineligibility and Waivers
Certain individuals are ineligible for visas due to health, criminal, or immigration violations. If an applicant is found ineligible, the consular officer will inform them about potential waivers.
Important Documentation and Medical Examinations
Visa applicants must provide personal documents, including passports and birth certificates, and undergo a medical examination by a designated physician. The applicant bears the costs of the examination and visa fees.
Numerical Limitations and Family Members
When demand exceeds the number of available visas, the category is oversubscribed, and applications are processed chronologically. An immigrant religious worker's spouse and unmarried children under 21 can receive derivative immigration status.
Important Considerations
Visa applicants should refrain from making travel arrangements until visas are issued. The immigrant visa is valid for six months from issuance. Furthermore, individuals born outside the U.S. may have claims to citizenship through parentage and should verify their status before applying for a visa.
Conclusion
Obtaining permanent residency as a religious worker involves navigating specific eligibility criteria and a detailed application process. For further inquiries, applicants should contact the appropriate U.S. Embassy or Consulate. For assistance with the application, visit the USCIS website for updated forms and instructions.
By understanding the requirements and processes outlined in this guide, prospective religious workers can take significant steps towards achieving their goal of permanent residency in the United States.
