R Visa

Success in filing a nonimmigrant religious worker (R-1) petition

We  assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor.  We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.
 

Status
The case was approved.

Nonimmigrant Visas

Immigration Law

Sept 16, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, Sept 16, 2021

FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

Guestbook Entry for Pastor Arlie Davis, United States

Name
Pastor Arlie Davis
Country
United States
State
PA: PENNSYLVANIA
Comment

I would like to express my great appreciation to the Law Offices of Rajiv S. Khanna, P.C. for their excellence in assisting us in the visa process for our Pastor of Spanish Ministries.  We have received the type of quality care that one might expect as if they were obtaining these visas for their own family.  They have been meticulously careful in "crossing every T and dotting every I."  I wholeheartedly recommend their qulaity team for any immigration need.  Over the processs, I have worked with multiple team members, including Mr. Khanna, and have always been treated with the warm, friendly, expertise that was needed in all circumstances.  Kudos to all of those on this team!

R-1 Extension

Question details

I am currently in R-1 status. This is my first 30-month extension. Is it true that I will not be able to get another extension when this R-1 extension expires?

An alien who has spent five years in the United States in R-1 status may not be readmitted to or receive an extension of stay in the United States under the R visa classification, unless the alien has resided abroad and has been physically present outside the United States for the immediate prior year.  However, if you were outside

Notice of Intent to Deny for R-1 Petition

Question details

After an onsite inspection of our facility was conducted, we received a “Notice of Intent to Deny” for our R-1 petition. Is this an actual denial of the petition, or is there any other action that we can take to try to still have the petition approved?

If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a “Notice of Intent to Deny” the petition.  The petitioner may submit additional documentation to rebut the derogatory evidence.  If the petition is then denied, the denial may be appealed to the USCIS Administrative Appeals Office.

Immigrant Petition and R-1 Visa

Question details

I am currently in the U.S. on an R-1 visa. Can I file my immigrant petition and my petition to adjust status to that of permanent resident at the same time?

No. Religious workers are not permitted to file Form I-360 (immigrant petition) concurrently with Form I-485 (petition to adjust status to permanent resident). You must wait until your I-360 is approved before you can file you Form I-485.

On-site Inspection as a Condition of Approving R-1 Visa

Question details

If USCIS conducts an on-site inspection as a condition of approving an R-1 Visa application, what will this involve?

The on-site inspection may include the following:

 1. A tour of the organization’s facilities and, if appropriate, the organization’s headquarters or satellite location;

2. An interview with the organization’s officials;

3. A review of the organization’s records related to compliance with immigration laws and regulations; and

Notice of Intent to Deny and R-1 petition

Question details

If USCIS issues a Notice of Intent to Deny after the onsite inspection, is there any way that an R-1 petition can still be approved?

If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a Notice of Intent to Deny the petition. The petitioner may submit additional documentation to rebut the derogatory evidence. In addition, if the petition is denied, the denial may be appealed to the USCIS Administrative Appeals Office.

Religious Denomination’s and R Visa

Question details

I am trying to obtain an R-visa, and I read that a copy of a religious worker’s certificate of ordination must be included with a petition for an R-visa. The religious denomination that I belong to does not require any special theological education. What can my prospective employer include with my petition to satisfy this requirement?

If the denomination does not require a prescribed theological education, provide the religious denomination’s requirements for ordination to minister, a list of duties performed by virtue of ordination, the denomination’s levels of ordination, if any, and evidence of the religious worker’s completion of the denomination’s requirements for ordination.