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Immigration FAQ
As
of October 1, any individual in need of an Employment Authorization
Document (EAD) -- interim or not – must send Form I-765
to the address indicated by the form’s instructions.
Local processing will no longer take place, and the form requesting
it has already been discontinued. Until October 1, offices
that had been accepting applications locally may continue
to do so, but will simply forward them to the appropriate
service center rather than processing them. Applicants are
best advised to send their forms directly to the indicated
center for fastest service. After October 1, local offices
will return any Form I-765 to the applicant, advising him
or her to redirect the application.
As a result of this change, local USCIS offices will no longer
produce interim Employment Authorization Cards. Those whose
EAD applications have been pending 90 days may still use InfoPass
to schedule appointments at local offices to obtain an interim
EAD, but processing will no longer be local. Rather, the local
office will call the service center to inquire about the case;
however, it will not issue the EAD. (According to USCIS, their
aim is to respond to any such phone call within 30 minutes.)
It is therefore especially important for applicants to allow
adequate lead time and respond promptly to USCIS requests
for documentation. For example, failure to attend a biometrics
appointment, or a delay submitting information requested by
USCIS may
re-start the 90-day period.
Even in a straightforward case of EAD renewal, the centralization
of I-765 processing and the possible shift to a more distant
location means the turnaround time may well lengthen. USCIS
recommends filing at least 100 days before the current EAD
expires.
An internal USCIS memo, which it distributed to the immigration
law community, indicates that the immigration service is very
much aware of the recordkeeping burden the new, strict centralization
has placed on the service centers. For example, the national
centers have begun conducting daily records sweeps to identify
all Form I-765s which have reached 60 days past receipt. This
functions as a ten-day warning, since adjudication must occur
by day 70 for USCIS to meet the 90-day deadline.
According to the USCIS memo, the change is a response to both
technology and security issues. Equipment at local offices
was older, and data reporting from local offices lacked consistency
and timeliness.
For assistance with timely and accurate EAD filings, or to
resolve problems related to an EAD filing, call Immigration
Law Associates at (847) 763-8500.
Contributed
by the staff of Immigration law Associates,P.C.
Disclaimer: The
materials contained herein have been prepared by Immigration
law Associates, P.C. for informational purposes only and are
not to be considered legal advice. The materials on this or
associated pages, documents, comments, answers, e-mail, articles
or other communications related to this article should not
be taken as legal advice for any individual case or situation.
The materials and /or transmission of the information are
not intended to create and receipt does not constitute, an
attorney client relationship.
(Contributed
by the staff of Immigration law Associates, P.C)
Having
found that immigration benefit fraud was pervasive in 2002,
USCIS conducted a study on nonimmigrant (R-1) and immigrant
(I-360) religious worker petitions in 2005 in order to assess
their integrity. The study subjected a random sample of 220
religious worker petitions to more intense scrutiny than they
normally receive. As a result, USCIS found approximately 33%
of all petitions to be fraudulent. Some examples outlined
by the study included “paper” churches, misrepresentations
of qualifications and duties of the beneficiary, falsification
of sponsor’s ability to pay, and a failure to report
current deportation proceedings.
This
result forebodes a heightened scrutiny for future religious
worker petitions. Some immigration watchdogs argue for significantly
curtailing the R-1 nonimmigrant religious worker visas, because
of the possibility of bringing radical clerics related to
terrorist groups, while religious leaders counter that they
need the program because of the shortage of Americans who
choose religious vocations. The Department of Homeland Security
is currently working to resolve the issue by significantly
increasing the number of officers engaged in fraud detection.
This
is an important development, particularly with regard to the
Korean community, given that South Korea ranks among the top
three countries of origin for receiving religious worker status.
One can
apply for R-1 or I-360 religious worker status upon a valid
job offer from a sponsoring religious organization such as
churches, synagogues and mosques. Qualifying religious occupations
must be religious in nature, including not only clergymen
such as ministers and imams, but also religious instructors,
cantors, religious translators, or religious broadcasters.
However, janitors, fund raisers, solicitors of donations are
not qualified occupations. Any secular duties carried out
by “a religious worker” must be incidental.
For both
R-1 and I-360, an applicant must show that the occupation
is religious in nature, full-time, and can be performed by
a religious worker only. The applicant must also be qualified
to fill the position, i.e., received a theological or religious
training, and the sponsoring organization must demonstrate
that it needs such a full-time position. Additionally, the
applicant must attest that he or she has been a member of
its denomination for at least two years, and the sponsor is
a bona fide religious organization, qualified for a tax-exempt
status, and has a financial capacity to pay for the applicant’s
payroll. When filing for permanent residence, the I-360 immigrant
religious worker applicant also has an additional requirement
to demonstrate that he or she has at least two years of continuous
experience in the relevant field immediately prior to the
filing.
An R-1
applicant may apply for the visa at the US Embassy or Consulate
which has jurisdiction over his or her place of permanent
residence. However, if the applicant is already in the States
in another non-immigrant status, it may be more advantageous
to change status in the States. This is so, particularly since
the USCIS fraud assessment. Embassies and Consulates
handle a high volume of fraudulent petitions, and thus, the
standard of scrutiny is higher abroad than in the States.
Finally,
it should be noted in applying for these religious worker
status that Consular officers and USCIS examiners have considerable
latitude in adjudicating the case. Therefore, any claims with
respect to the applicant’s experience, training, membership
or the position offered must be supported by documentary evidence,
carefully prepared by a seasoned immigration attorney. Failure
to provide sufficient evidence or any required information
may subject the applicant to the risk of R-1 or I-360 status
being denied.
In fiscal
year 2006, India was amongst the top five countries
of origin for religious worker visa recipients.
Disclaimer:
The
materials contained herein have been prepared by Immigration
law Associates, P.C. for informational purposes only and are
not to be considered legal advice. The materials on this or
associated pages, documents, comments, answers, e-mail, articles
or other communications related to this article should not
be taken as legal advice for any individual case or situation.
The materials and /or transmission of the information are
not intended to create and receipt does not constitute, an
attorney client relationship
Immigration Law Associate, P.C
 |
Led
by Elizabeth Walder, an attorney with over seventeen
years experience in the field of immigration law, we
are pleased to offer our services to the Indian community.
Immigration Law Associates, P.C. is one of Chicago areas
finest immigration law firms which represents individuals,
corporations and other institutions from all around
the world on all issues related to United States immigration
and naturalization law. With five attorneys and six
legal support professionals our firm includes Hindi,
Urdu and Punjabi speaking staff.
Our
Immigration services include: Employment based cases
through PERM // H1B visas // L1 visas // Adjustment/Extension
of status // Naturalization // Marriage based visas/
K1 // National interest waivers // J-1 waivers // Visas
for medical personnel // Renewal of green card // Student
visas. For more information please visit our website
at www.immig-chicago.com.
For advice tailored to your situation, please contact
the Immigration Law Associates office at (847)763-8500
or by email at
ewalder@immig-chicago.com. Our office is located
at 8707 Skokie Blvd., Suite#302, Skokie, IL 60077
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