ABC's of Immigration: I Visas for the Media and Foreign Press

Q - I have an application for adjustment of status pending based on an approved I-360 immigrant visa petition as a religious worker, which was based on a religious vocation (I’m a vowed "brother" living in a Catholic religious community). I obtained work authorization a while ago, based on the filing of the I-485 application, and I’m working legally in an unrelated field, although I turn over my entire earnings (not high at all; I wouldn’t be able to live off that, were I to live on my own) to my religious community –the petitioner-- and this can be proven. The original petition clearly indicated religious vocation, not religious occupation. Will I have a problem at the time of the interview…?    

A - "Religious Vocation" is defined as one who takes religious vows, which applies in this case. 

Without knowing exactly what work you are doing, it's hard to say.  However, when you state that your work is in an "unrelated field", it concerns me.  It seems like the work being done should be for the petitioner - I don't think it matters that you are donating your money to them. Rather, it should be the religious organization paying the money for the work.  While the vocation doesn't have to relate directly to the work, the work you are doing needs to be for the petitioner.  The fact that you are not working for the Petitioner may be a problem. 

According to the Foreign Affairs Manual, if the beneficiary is to work in a religious vocation, it must be demonstrated how the work to be done relates to a traditional religious function. (9 FAM 41.58 Note 10.2-1: "An alien who has taken vows or the equivalent and has made a lifelong commitment to religion is presumed to be engaging in activities relating to a traditional religious function regardless of the nature of the activity to be preformed. Persons with religious vocations may engage in any type of activity within their denomination or its affiliate.")   

While the FAM regulation is discussing R-1 cases, the language in 8 CFR 204.5(m)(1) makes it clear the work should be for the organization: "The alien must be coming to the United States solely for the purpose of carrying on the vocation of a minister of that religious denomination, working for the organization at the organization's request in a professional capacity in a religious vocation or occupation, or working in a religious vocation or occupation for the organization or a bona fide organization which is affiliated with the religious denomination". 

There's authority, however, in discussing "religious vocation" versus "religious occupation" standing for the proposition that if one is doing work related to the mission of the petitioner, then this might be acceptable. So work that is religious in nature might qualify even if the money comes from sources other than the petition. Still, that does not sound to be the case here.

I would consult with your immigration attorney on this to be sure.  

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Q - I am in the process of filling in the required forms to obtain my green card. I have been working in the US for almost 8 years with an E-2 Visa and have been married to an American Citizen for almost 3 years. As part of the application process I am required to fill in the I-864 from, in which I will be using my wife as the sponsor, which is supposed to show that she can support me. However, she is a stay at home mom and I provide the income and support both of us, and our daughter, is there any way to show that I am self supported or any other way around this problem?  

A - You are allowed to income your income since you have been in the household for more than six months. So this should presumably solve your problem.

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Q - I am US citizen.  I petitioned my brother (over 21), after almost 12 years he was approved and when he applied for the immigrant visa he was allow to include his minor children who were able to come to the US with him.  Does this apply to my parents?  If I petition my parents as immediate relatives and they get approved can they include their minor (under 21) son (my brother). 

A - No. Your parents would only be able to re-petition for the children in the Family 2A category and wait for their green cards for several years.  Unfortunately, there is a lot of confusion over this issue and many people learn too late that their families cannot be united based on such a petition.  

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Q - My brother who is an American Citizen applied for my Green Card in December 2001, in which year will I get my Green Card. My son will turn 22 Years on 23 NOV 2010. Can he get the card along with us? If I want to wait for some time after getting the card, can I postpone it for some time?  

A - I can’t predict when you’ll get the green card because it depends on future demand. Right now, people who filed about 12 years ago are coming up in the queue, but that could get slower or faster depending on how many people apply in higher preference categories in the next few years. Generally speaking, your son must be under 21 when you reach the front of the queue. As for entering after you get the green card, you must come within six months of getting permanent residency status and you must begin establishing your residency then.  

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Q - I am a college professor. Each year I renew my work permit (EAD). This year I did not get my EAD card because of name check delays tied to my adjustment application. My payroll is stopped. But am I still eligible to work? I have a valid driver license and a non-restricted social security card? If not, is it possible to use the I-765 receipts or the advance payroll document instead?  

A - While the documents would normally be enough for an employer to be protected from liability, it doesn’t mean your work would be legal. And an employer that knows you have an expired EAD would be violating INA Section 274A even if the documents presented would normally be enough. You are entitled to get an EAD issued within 90 days and you may be able to get an interim document if 90 days have passed. You should go to your local USCIS office and request this.  

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Q - What will be the preference category of the applicant if he/she is the Divorced Son/Daughter of US citizen and he/she doesn’t have any children from his/her previous marriage? 

A - The child will be an adult unmarried child of a US citizen (F-1).

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