By Paschal Obinna Nwokocha
Attorney at Law
Moving to the United States permanently or temporarily is possible for a pastor, priest, or religious professional. The person can move to the U.S. permanently—as an immigrant, or temporarily— as non-immigrants. (As used here, “priest” includes pastors of churches, and ministers of other religions and denominations.) The option one decides to take, and what is legally available to the person, depends on one’s circumstances and goals. We advise clients to seek the consent of their superiors before making a major decision.
R Non Immigrant: The Unites States immigration laws (8 U.S.C § 1101 (a)(15)(R), and the accompanying regulations) allow priest and religious workers to come to the United States with the specific purpose of performing their religious duties. To be eligible for this status, the applicant has to meet the following requirements:
When the United States government approves the petition, the person will have up to five years to stay in the United States in this R-non-immigrant status. Spouse and children of a person in R status are allowed to come in and stay in the United States as well. The law requires the priest or religious professional to work with the organization that filed the application for him. Whenever the person terminates his relationship with the sponsor, the person needs to file a new petition with the INS or leave the country.
Process: The process for obtaining this status can be complicated, and often may require the assistance of a legal professional, knowledgeable in the United States immigration laws. This status or visa can be obtained in the United States or at the U.S embassy overseas depending on one’s circumstances. To get it inside the U.S, the person can file petitions with the United States Immigration and Naturalization Service to get the R-1 status. On the other hand, for someone living overseas, the processing will have to take place at the U.S. embassy.
Religious Worker — Special Immigrant:
The U.S Immigration law at 8 U.S.C §1101(a)(27)(C)(ii) and the 8 C.F.R §204(m) have provisions to allow foreigners to gain Permanent Residency status (also known as green card) in the United States if they meet certain qualifications. These qualifications relate to the person’s status as a religious worker or minister.
Please note, the application of this law to religious professionals is set to expire by October 1, 2008 unless congress decides to extend it. It has been extended in the past and we hope that congress will extend it again. Under the law as it is now, however, only ministers could take advantage of this provisions from October 2008.
The process for getting this status is different from the non-immigrant option. While one doesn’t need INS approval before filing for non-immigrant status, for immigrant status, however, one needs INS approval first. The standard for obtaining the status is similar to the standard for non-immigrant; namely, the person needs to have a church or religious non-profit organization willing to file the papers; the person has to be a member of the petitioning church or non-profit organization for at least two years; and the person is coming to the United States solely to perform the religious mission. This means that a priest, religious, or person that makes his or her living within a church or religious setting can come to the United States if they meet the above requirements.
Citizenship in the United States
A person who gets the Religious Worker Special immigrant status can stay in the United States for as long as the person wants, provided of course, the person does not break other laws of the United States and is otherwise eligible. Also, the person can travel to and from the United States without having to go the a U.S embassy for visa. Finally, and most importantly, after some years, the person can apply to become a United States citizen if they meet other citizenship requirements. On the other hand, a person in R-non-immigrant status will still need to change to a permanent residency (e.g., Religious Worker Special Immigrant status) before the person can be considered for citizenship.
This article does not constitute legal advice and should not in any way substitute for legal consultation with an attorney. Individual circumstances vary. This article does not establish attorney-client relationship with the reader and the author. Consult a lawyer.
For more information or assistance with any issue covered in this article or other sections of this Web site, please contact us .