R-1 Visa Holder to Green Card Holderby Tyler P. A Passionate Blogger - Entertainment This article discusses the R-1 visa holder’s process from such a visa to a green card and looks into detailed steps of changing their status
R-1 visa holders are persons currently working in the U. S. as ministers or in a religious position or job. Such visa holders have a fairly simple route to getting a green card or lawful U. S. permanent residence. One key distinction in applying for a green card is the prerequisite of the religious worker having two years qualifying employment as a religious worker. Such a requirement is conveniently provided for in that the two years’ work experience can be gained in the U. S. This is provided for through the R-1 visa which allows the religious worker to work in the U. S. for two years and have the same or another employer start the green card process.
From R-1 visa holder to Green Card holder
Below are an overview of steps which an R-1 visa holder goes through so as to obtain a green card:
STEP 1 – Employer files I-360 visa petition application – after the two year working experience as a religious worker the first step is for the U. S. employer to file an I-360 form with the USCIS. The required information and material include:
I -360 petition form – this is available to download on the USCIS website. The employer must complete the employer and employee sections on the form and the sections specific to religious workers.
Employer attestation - the employer must attest to specific and detailed information on the I-360 form in respect of the religious organization, its membership and affiliation and any previous R visa petition filings and its ability to pay the offered wages. The employer must also attest to details in respect of the proposed position or employment and the employee’s qualifications.
Proof of non-profit status – there will be need to provide documentation from the IRS confirming the non-profit status of the employer by way of a letter stating that the religious organization is tax- exempt.
Proof of ability to pay – the employer must provide proof of its ability to pay the wages offered to the religious worker, for example, through W-2 forms, tax returns, financial statements or annual reports of the organization.
Evidence of membership – documentation (letter from priest) that the employee is a member of the religious denomination for at least two years prior to the filing of I-360 petition. STEP 2 – Employee adjusts status in U. S. or applies for immigration visa from abroad
After the USCIS approves the employer’s I-360 petition then the employee must follow one of the available two options: (1) file an I-485 Application to Adjust Status with USCIS in the U. S. or (2) apply for an immigration visa from abroad at a U. S. consulate.
Filing for an I-485 Application to Adjust Status – so long as the beneficiaries of the I-360 petition are lawfully in the U. S. they may apply for the green card by submitting I-485; even dependent family members of the R visa holder may apply as ‘derivative’ applicants.
Those out of the U. S. can apply for an immigration visa through a U. S. consulate.
To get a green card in Detroit contact immigration lawyers.
For immigration lawyer in Ohio, the author recommends the Herman Legal Group.
Created on Dec 31st 1969 18:00. Viewed 0 times.
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