9/10/2018 NCDVD 2018: Introduction to Religious Worker Immigration Law Nicole Bonjean What We’ll Cover • Immigration Law Basics • B-1 / B-2 - Visitors • F-1 – Students • R-1 – Religious Workers • Permanent Residence Overview 2 “Alphabet Soup” • Immigration law relies heavily upon acronyms for agencies, processes, and immigration categories. 3 1
9/10/2018 Common Acronyms & Terminology ICE = Immigration Customs Enforcement AOS = Adjustment of Status Beneficiary = Foreign National INA = Immigration and Nationality Act B-1 / B-2 = Visitor Category INS = Immigration and Naturalization (pre- DHS) CBP = Customs and Border Protection CFR = Code of Federal Regulations Petitioner = Religious Organization COS = Change of Status PR = Permanent Resident DHS = Department of Homeland Security (aka “Green Card”) DOS = Department of State R-1 = Religious Worker Category EOS = Extension of Status USCIS = U.S. Citizenship & Immigration F-1 = Student Category Service FN = Foreign National VWP = Visa Waiver Program 4 Immigration Law Complexity USCIS DHS CBP Federal ICE DOS Embassies & Consulates Driver's Licenses & State Police Stops 5 USCIS CBP ICE 6 2
9/10/2018 Typical Agency Interaction For B-1/B-2 and F-1 DOS CBP For R-1 USCIS DOS CBP 7 7 FOUR MOST COMMONLY CONFUSED IMMIGRATION TERMS 8 Basic Immigration Terms • Nonimmigrant Visa • Immigrant Immigrant Nonimmigrant • Visa These concepts are the building blocks of • Status immigration law. 9 3
9/10/2018 Who is a Nonimmigrant? A nonimmigrant • is admitted to the U.S. for a temporary period of time. • is limited in length of time in the U.S. • is limited in activities he/she can do in the U.S. Examples: Students (F-1) and Religious Workers (R-1) 10 Who is an Immigrant? • An immigrant is admitted to the U.S. without restriction as to length of stay (i.e. is arriving to stay permanently) or who becomes a permanent resident within the U.S. • NOT a U.S. Citizen – Cannot vote in State or Federal elections. – Permanent Residents are not guaranteed the right to remain inside the United States. 11 What is a Visa? A Visa: is the official authorization in a passport allowing • a person to apply for ENTRY into a country. is the key to ENTERING U.S. • shows the last date on which an individual may • apply to ENTER the U.S. Nonimmigrant Visas are applied for through the Department of State, Form DS-160. Note: Canadians are Visa Exempt. 12 4
9/10/2018 Common Questions on Form DS-160 • Countries visited last 5 years • Languages spoken • Previous visa denials • Previous trips to the U.S. • Family members in the U.S. (and their status) • Work & Educational History • SECURITY QUESTIONS 13 Potential Problems at Visa Stage Denials often based on lack of adequate ties abroad • (typically for F-1 students) and misunderstanding of R-1 (Religious Worker) categories. “Administrative Processing” (Case falls into DOS • “black hole.” Possible lengthy delays for security background checks.) Petition approval is somehow not verified in Petition • Information Management Service (PIMS) system. (PIMS serves as primary communication between USCIS & DOS.) 14 14 Visa is Granted / Approved • Passport returned with visa. • Visa validity dates vary according to the approved petition validity dates and reciprocity table. • A visa does NOT automatically guarantee admission into the U.S. 15 15 5
9/10/2018 R-1 Nonimmigrant Visa A B Visa Type is “R” Visa class is for Regular versus “R ‐ 1” for R ‐ 1 “D” for Religious Diplomatic Worker. C G Visa Expiration “M” is for “Multiple Date ‐‐ expiration Entries date is the last date on which an individual may F apply to enter the U.S. E Visa Issue D Visa Number Date (in red) Petitioner and I ‐ 129 Receipt # 16 Recent Changes to Visa Process “Extreme Vetting” Proposal to require ALL visa applicants to provide social media account information • for past five years. Visa applicants also may be asked to provide the following additional details: • – All prior passport numbers – 15 years of residence, employment, and travel history (including source of travel funds) – The names of all children, siblings, and current and former spouses “Voluntary” but applicants who do not respond may have their visa applications • delayed or denied. The new questions are not required of all visa applicants. Only foreign nationals • flagged by a U.S. consular officer for additional security screening will be asked to complete them. U.S. consulates have wide latitude to subject individual applicants to additional screening. 17 What is Status? Status • is the period of time an individual is authorized to stay (i.e. remain) in the U.S. • is granted on admission to the U.S. at Port of Entry by CBP and can be extended or changed by USCIS within the U.S. • is shown on the electronic I-94 or I-94 card. ONLY AN I-94 PROVES STATUS. 18 6
9/10/2018 I-94 Arrival/Departure Record Today, foreign nationals access their electronic I-94 immediately after entering the U.S. on the CBP website. https://i94.cbp.dhs.gov This electronic document serves as proof of the foreign national’s status inside the U.S. It must be printed EACH time a foreign national enters the United States. Exception: May be issued white I-94 card when traveling to the U.S. from Mexico or Canada. 19 IMPORTANCE OF THE I-94 The I-94 serves as proof of a foreign national’s status inside the U.S. • Should ALWAYS keep a copy in wallet. • If I-94 is not available online, then must contact local CBP’s Deferred Inspection office at local airport to ensure information is entered into system and get copy of I-94. – https://www.cbp.gov/contact/deferred-inspection/overview- deferred-inspection • Employer should ALWAYS have a copy of most recent I-94 on file. 20 Other Ways to Get New I-94 A new I-94 can also be issued on the bottom of an I-129 or I-539 approval notice for the following petitions: – change of status – extension of status – change of employer 7
9/10/2018 I-129 Approval Notice with I-94 Card 22 Status vs. Visa Issued by a U.S. embassy Legal category admitted by CBP. or consulate abroad. Dictates the purpose of this visit. Stamp/sticker laminated into the passport. Dictates what is permissible and prohibited. Can expire while in the U.S. Dictates the duration of the visit. May be able to change status inside US. EXAMPLE: Religious Worker enters U.S. using R-1 Visa and is granted R-1 Status to remain in the U.S. 23 COMMON TYPES OF NONIMMIGRANT STATUS: B-1 / B-2 & VWP 24 8
9/10/2018 B-1 / B-2 Visitor • They are here to visit! • Cannot be an employee or paid wages. • Length of stay typically no longer than 6 months. CBP makes determination at the time of entry into U.S. • Travel expenses can be reimbursed. • Can receive room and board. • B-1 can be used by ministers exchanging pulpits. 25 What visitors CAN do: What visitors CANNOT do: Get paid a stipend for saying • Attend Mass • Mass Live in Community Request donations (NO • • Receive Room and Board SOLICITING) or receive • money on behalf of a Attend Meetings for Religious • community or group outside Order the U.S. Limited missionary work • Work in ANY capacity • Visiting clergy should never be • listed on parish bulletins (i.e. “in residence”) or parish website. 26 Can a Visitor Change Status? • Depending upon the circumstances, someone in visitor status may be able to change to another status to work or attend school. – They cannot start those activities until a Change of Status is approved. • This process is not as straightforward as it was two years ago. Multiple issues to consider now. 27 9
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