Immigrant Religious Worker Petitions Require Site Visits
Posted Dec 07, 2007
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The U.S. Citizenship and Immigration Services (USCIS) provided answers in November 2007 to questions raised at a national meeting. Some of the information related to immigrant petitions for special religious workers. This category has particular antifraud procedures. The USCIS discussed these, as well as procedures for obtaining advance parole documents. This information pertains to the permanent residence category for special religious workers rather than the separate, temporary religious worker "R" category.
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FDNS Site Inspections of Employers of Special Religious Workers
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Employers sponsoring special religious workers for immigrant visas routinely receive visits by the Office of Fraud Detection and National Security (FDNS). The FDNS verifies the existence of bona fide employers via the Compliance Review Process. The timeframe for this process varies depending upon the caseload of the FDNS and it currently averages 90 days, except in Los Angeles, Newark, and New York City, where it takes four to eight months. After the Compliance Review Process is completed, cases are returned to the USCIS, where they are adjudicated. This adjudication is supposed to be immediate. To inquire as to the status of a petition for a special religious worker, customers should contact the National Customer Service Center at 1.800.375.5283, or check online. If the National Customer Service Center cannot provide an answer, then the inquiry will be referred to the California Service Center (CSC), where the case is pending.
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I-485s and I-765s at NSC or TSC and I-131s at CSC
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When an immigrant petition for a religious worker is approved, the religious worker is able to file his or her Application for Adjustment of Status (Form I-485) along with applications for ancillary benefits. Ancillary benefits are the Application for Advance Parole (Form I-131) and the Application for Employment Authorization (Form I-765). According to USCIS instructions, Forms I-485 and I-765 should be submitted either to the Nebraska Service Center (NSC) or the Texas Service Center (TSC), depending upon the applicant's place of residence. The Application for Advance Parole (Form I-131), however, should be submitted to the CSC.
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Conclusion
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We at the Murthy Law Firm appreciate the USCIS's providing this information. This will prove helpful to special religious workers and their sponsoring religious organizations.