Colorado Immigration Law Firm Helping Religious Workers Obtain Visas
Colorado immigration attorney Lisa E. Battan is committed to helping religious workers from around the world come to the U.S. The following is intended to provide a general overview of religious worker immigration issues. To discuss your unique situation, contact a lawyer dedicated to helping you reach your goals – a lawyer like Lisa E. Battan.
Basic Information
An R-1 visa is for Religious Workers who intend to work for a religious organization in the U.S. which has been granted IRS 501(c)(3) status. The worker must have been a member of the religion for two years prior to filing the R-1 petition. The worker may spend a maximum of five years in this status. At the end of the five years, the worker must find another status or live abroad for one year (with only brief visits to the U.S. allowed) before they can again apply for another R visa.
In 2008, USCIS made major changes to the religious worker program. You should consult with an immigration lawyer regarding these important changes.
Permissible Categories of Religious Work
There are three basic categories of workers who are eligible for R-1 status:
- Minister: This is a person who is authorized to conduct religious worship services and to perform other duties usually performed by authorized members of the clergy of that religion.
- Professional Workers: A person working in a professional capacity in a religious vocation or occupation. This person must have a baccalaureate degree or a foreign equivalent in a field related to their religious occupations.
- A person working in a Religious Occupation or a Religious Vocation.
Procedures
The religious organization must file a petition with USCIS on behalf of the religious worker. The petition will include substantial supporting documentation showing the organization's and the worker's eligibility for the R-1 designation.
Derivative Status
Spouses and minor children may apply for R-2 status or visas. An R-2 status or visa will allow the dependent to remain in the U.S. as long as the principal visa holder is in valid R-1 status and as long as the dependent does not violate his or her status.
Permanent Residence in the U.S.
The religious organization may file an Immigrant Petition on behalf of all workers which qualify for R-1 status as long as the worker has worked as a religious worker for two years prior to filing the petition. (R-1 applicants must only show two years of membership in the organization.) Once the Immigrant Petition is approved, the worker and any dependents may apply for permanent residence in the U.S. as long as they qualify for admission to the U.S. as permanent residents. Or, you can decide to file the permanent residence at the same time and the Immigrant Petition. These decisions should be carefully considered in consultation with a qualified immigration attorney.
Last Words
This website is for general guidance only. This website does not explain everything about immigration law, which is a vast and ever changing area of law. Furthermore, individual's situations differ. Thus, all individuals should consult with an immigration lawyer prior to filing any petition or application.
We represent clients throughout Colorado and the U.S., as well as those from around the world, including Argentina, Nepal, Canada, the European Union, Mexico, Philippines, Tibet, India, China and elsewhere.
Contact religious worker visa lawyer Lisa E. Battan to discuss your situation today. We look forward to helping you successfully navigate the immigration process.
Our immigration law firm serves clients in Boulder, Denver, Aurora, Arvada, Lakewood, Broomfield, Brighton, Longmont, Fort Collins, Greeley, Centennial, Golden and Westminster, including Boulder County, Adams County, Arapahoe County, Jefferson County and Douglas County.
We also assist immigration law clients throughout the United States and around the world, including Argentina, Nepal, Canada, the European Union, Mexico, Philippines, Tibet, India and China.
