Re: Change an R1 visa to an immigrant visa
The Immigration and Nationality Act provides two categories of visas for religious workers, one for temporary or nonimmigrant "R" status and one for legal permanent resident or immigrant "SD" status in the United States.
The immigrant "SD" visa is under the fourth preference special immigrant category. Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers. Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows. Examples include nuns, monks, and religious brothers and sisters. Religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function. The activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.
A religious worker is a person who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely: As a minister of that denomination; or In a professional capacity in a religious vocation or occupation for that organization; or In a religious vocation or occupation for the organization or its nonprofit affiliate.
Any person, including the applicant, can file a Form I-360 petition with the U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a person who meets the religious worker criteria.
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