Texas Immigration Lawyer & Attorney : Kraft & Associates Law Firm : Visas, Green Card, Citizenship, Deportation : Dallas, Texas

The Victims of Trafficking and Violence Protection Act was passed in 2000 creating the "U" nonimmigrant classification. The U visa is available for undocumented immigrants who have suffered substantial physical or mental abuse as a result of having been a victim of a criminal activity. The individual must demonstrate the following: he or she has information concerning the criminal activity; the law enforcement officials, prosecutors, judges, or other investigating authorities provided a certification indicating that the individual has been helpful, is being helpful or is likely to be helpful; the criminal activity must have violated the laws of the United States, or have occurred in the United States.

The victim of the criminal activity must file Form I-918, Petition for U Nonimmigrant Status, at the Vermont Service Center. To determine what qualifies as a violation of a criminal activity, guidance is provided by statute that the activity is in violation of a Federal, State or local criminal law. Examples include but are not limited to rape, torture, sexual exploitation, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, involuntary servitude, kidnapping, abduction, false imprisonment, murder, blackmail, and obstruction of justice. Along with the petition, the individual must provide evidence that he or she suffered direct and proximate harm as a result of the criminal activity. The evidence may include trial transcripts, court documents, police reports, news articles, affidavits, or orders of protection.

Until the final regulations are issued, individuals who demonstrate eligibility for U visas are granted interim relief. Following the grant of interim relief, the individual may apply for work authorization. After three years of being present in the United States, and for humanitarian grounds, the U visa holder may adjust his or her status.

To learn more about the U visa and its process, please contact us at 214-999-9999.

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A religious organization in the United States may sponsor an individual from another country who has been a member of a religious denomination for two years immediately preceding the filing of the application. If the appropriate Petition and supporting documentation are submitted, the individual may qualify for a nonimmigrant R visa. If the individual is the United States, the religious organization must file Form I-129 Petition for a Nonimmigrant Worker, along with the R Classification Supplement in the United States. If the individual's spouse and children are accompanying or following to join him or her, then Form I-539 should be filed with the I-129 Petition.

The petition must be supported with documentation establishing that the individual seeks to enter the United States solely for the purpose to:
   1) carry on the vocation of a minister of that religious organization; or
   2) work in a professional capacity for that religious organization at the request of the organization; or
   3) work at the request of the organization in a religious vocation or occupation for the organization (or its § 501(c)(3) affiliate).

The petitioner (religious organization) must show that it is a bona fide, non-profit, tax exempt religious organization under § 501(c)(3) of the Internal Revenue Code. This can be shown by submitting copies of the organization's articles of incorporation, bylaws, financial statements, and letters from the Internal Revenue Service showing that the religious organization is nonprofit and exempt from taxation.

Furthermore, a letter from an authorized official should indicate that the individual has been a member of the religious organization and that the foreign and U.S religious organizations belong to the same religious denomination. The religious organization should provide a sworn statement by an authorized official outlining the hours the individual will work, the duties and responsibilities the individual will perform and the remuneration the individual will receive. Once the R-1 visa is approved, the religious worker, spouse, and children (under 21 years) are granted admission for three years which may be extended for an additional two years.

The R visa allows the individual to apply for permanent residency. If an individual has been in R status for at least two years, a Special Immigrant Petition I-360 may be filed by either the Religious worker or the employer. The Special Immigrant Petition is a step towards obtaining permanent residency. Please contact us if you have any questions regarding Religious Worker visas.

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Leaders of religious organizations and institutes are often unaware that they have the ability to hire and sponsor foreign nationals to work in the United States. The R-1 religious worker visa is a nonimmigrant visa that allows foreign nationals in religious occupations to enter into the United States and perform the duties of a religious worker.

Persons seeking R-1 status must plan to enter the United States solely to:

• Carry on the vocation of a minister of the religious denomination; or

• Work in a professional capacity in a religious vocation or occupation or organization within the denomination; or

• Work in a religious vocation or occupation for an organization within the denomination, or for a bona fide organization, that is affiliated with the religious denomination. Bona fide religious organizations in the United States must have tax-exempt status as an organization as described in section 501(c)(3) of the Internal Revenue Code of 1986.

The initial admission period for religious workers entering the United States in R-1 status is limited to three years. Extensions of the R-1 status may be granted, but the total period for a person residing in the United States on R-1 status may not exceed a total of five years.

The R-1 visa also allows for a foreign national to engage in studies, travel freely in and out of the U.S., receive payment for services, and apply for permanent residency (green card). Additionally, the spouse and any children under the age of 21 years of an R-1 holder may also live in the U.S. If a religious worker is interested in obtaining permanent residency, his or her spouse and children under the age of 21 are also included in the immigrant visa petition, so that they are eligible to apply for permanent residence once the petition is approved. In addition, family members in the United States are eligible for work authorization while the applications for permanent residence are pending.

The processing time for an R-1 visa petition is normally around three months, but a decision can be reached in 15 days for an additional fee. Once the petition is approved, consular processing normally takes three to four months.

The law firm of Kraft & Associates can help you determine if you are eligible to sponsor a person for a religious worker visa. We will help you file all the necessary petitions and see the process through to conclusion. Should you have any questions regarding religious visas, please do not hesitate to contact us.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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