legal issues in immigrant ministry: 1.immigration 101 with religious worker visa examples 2.church...

Legal Issues in Immigrant Ministry:1. Immigration 101 with Religious Worker Visa Examples2. Church Liability Myths/Facts; and 3. Ways the Church Can Assist with Immigration Legal Issues

World Relief/Church of the Nazarene Partnership

• House of Hope Coalition in the 1980’s• Training on religious worker visa program• Immigration legal hotline for district

superintendents and pastors• Representation on religious worker and other

visas• Consultation with Asian American Ministries• Mentoring, training, and technical support for

churches and NCM sites opening legal clinics

IMMIGRATION 101How Does Someone Legally Enter and Live Inside the United States?

Important Terms

• Nonimmigrant• Immigrant• Visa• Lawful Permanent Resident “Green Card”• Admission/Inspection• Immigration Status• I-94 Arrival/Departure Document

Nonimmigrant

• Admitted to the United States for a temporary period of time

• Limited in the amount of time allowed to stay inside the United States

• Limited to specific activities

Immigrant

• Intends to enter the United States to live permanently

• Not limited to a specific time period• Two step process for an immigrant:

– Approved immigrant visa at consulate– Enter the US from overseas and “green card” is

mailed OR– Approved immigrant visa inside the US– File an application for the “green card”

Visa

• Issued by a United States Consulate • “Ticket” that gives someone permission to

travel to the United States border• Does not guarantee admission to the US• Date on visa is the last date an individual can

seek admission into the US

Admission/Inspection

• Each individual entering the US, must be inspected and admitted by Customs and Border Protection

• Physically present does not equal “admitted”• Entering without inspection (EWI)

– Come across border secretly– Subject to inadmissibility and deportability

grounds

Immigration Status

• Granted upon admission to the United States at the port of entry (airport, etc.)

• Also granted upon extension or change of status by USCIS

• Continues for the period of time the individual is authorized to stay in the United States

• I-94 card/approval notice is evidence of that status

Who Makes the Laws/Decisions?

• Legislative Branch– Makes immigration laws

• Department of State– Issues visas

• Department of Homeland Security– Customs and Border Protection (CBP):

• Inspects Arriving Immigrants/Non-immigrants• Patrols the border

– Citizenship and Immigration Services (CIS):• Processes immigration applications

– Immigration and Customs Enforcement (ICE):• Enforces Immigration Laws

• Department of Justice Executive Office of Immigration Review– Immigration Courts– Board of Immigration Appeals

Where Do I Begin?

• Requirements for an immigration benefit • Grounds of inadmissibility/deportability• Cost• Adjudication Process • Border Inspection• Maintaining Status

Hurdle #1: Meeting the Requirements for an Immigration Benefit

• Non-immigrant Visas A-V• Immigrant Visas

– Family– Employer– Diversity Lottery– Asylum/Refugees

• Special programs (examples)– Temporary Protected Status– Cancellation of Removal– Deferred Action for Childhood Arrivals

Religious Worker Visas: Basic Requirements

• R-1 Non-Immigrant– Employed by a church or affiliated non-profit – To be a pastor or religious worker only – Must have been a member for 2 years– For less than 5 years

• Special Immigrant Visa– First 3 requirements above under R-1 AND– 2 years of paid experience in a similar job

Hurdle #2: Grounds of Inadmissibility

• Reasons an individual might not be allowed to gain admission to the US – even if he/she meets all the requirements of the immigration benefit

• Most common grounds of inadmissibility:– Certain crimes– Financial (public charge)– Previous immigration law violations– May qualify for a waiver/exception (forgiveness)

that is often connected to a specific immigration benefit

Special Immigrant Religious Worker Exception

• An R-1 visa holder files the I-360 immigrant visa application on January 1st, 2000

• On June 1st, 2000, the R-1 visa expires and the pastor does not file for an extension

• The I-360 is approved AND the I-485 green card application is filed on November 1st, 2000

• Because the pastor was “out of status”/undocumented for less than 6 months when he filed the I-485 application, he is “forgiven” and the application moves forward

Hurdle #3: Finances

• Visa application fees• USCIS processing fees• Attorney costs• Travel expenses• Evidence of finances for certain benefits• Public charge ground of inadmissibility

Religious Worker Example

• Both types of religious worker visas are employment visas

• The government expects the church or non-profit to compensate the pastor for their work

• If a church cannot afford to pay the pastor a salary or a combination of salary, housing, etc., the church and pastor would stumble over hurdles 1, 2, and 3

Hurdle #4: Process

• Knowing where to submit the forms• Amount of paper evidence required for

immigration benefit• Processing delays• Requests for more evidence• Receiving notices/letters• Denials

Religious Worker Visa Process

• R-1 Non-immigrant Visa:– Church must file the I-129 form and all evidence/fees

www.uscis.gov – A site visit is required– If pastor is overseas, he must wait for the approval before making

an appointment at the Embassy• Special Immigrant Religious Worker Visa:

– Church must file the I-360 form and all evidence/fees– Site visit required– If overseas, the pastor must wait for and approval, follow National

Visa Center directions and be interviewed at the Embassy– If inside the US, the pastor must wait for the approval and then

file the I-485 “green card” application

Hurdle #5: Admission/Inspection

• Every individual must be admitted/inspected by the Department of Homeland Security (CBP) upon arrival

• A visa does not guarantee entry into the US• Expedited removal (CBP)

– Don’t get a hearing before a judge

Example

• Pastor wants to come for the General Assembly in June 2013 and applies for a tourist visa

• Embassy/consulate grants the tourist visa• At the airport, the CBP officer asks to look in the

pastor’s bag and finds a letter from his brother saying he can get him a job at a church while he is visiting

• CBP officer can refuse to allow the pastor entry – even though he has a visa in his passport

Hurdle #6: Maintaining Status

• Must follow the requirements of your particular immigration benefit

• Traveling out of the country• Grounds of deportability

– Reasons an individual can be removed from the United States

Maintaining Status on the R-1 Visa

• Pastor changes churches without filing new I-129 form

• Pastor works less than 20 hours a week• R-1 visa holder works for a secular employer• The church stops paying the R-1 visa holder• R-2 child turns 21• Churches are required to report to USCIS

within 14 days when an individual no longer works for them or is working less than 20 hours a week

CHURCH LIABILITY Myths and Facts

Governing Law

• The Immigration and Nationality Act (INA)

governs which foreign nationals can enter the United States and what activities each individual can participate in while he/she is visiting or residing in the U.S.

• State laws

How Does Someone Become Undocumented?

• Entered without inspection• Overstayed the expiration date on the I-94

card without applying for and being granted an extension

• Violated terms of immigration status• Death or divorce• Domestic violence• Victim of crime/fraud (trafficking)

Can an undocumented individual receive ordination?

• The INA does not prohibit ordination or other denominational credentialing of undocumented individuals

• The INA also does not prohibit undocumented foreign nationals from owning property, opening a bank account, volunteering their time or services, obtaining a loan, bringing a civil lawsuit, etc.

Do we have to verify the immigration status of church volunteers?

• No, volunteers who do work without any expectation of compensation are not employees

• Volunteers can be reimbursed for any out of pocket expenses: such as travel costs to an event; money spent on photocopying on behalf of the church; or food costs while traveling or hosting an event

Does our church have a duty to report undocumented individuals?

• The INA also does not prohibit association with those who do not have a lawful immigration status, nor does it require U.S. citizens or others to report the presence of an individual without lawful immigration status.

• Churches are free to minister and serve the undocumented

• They are able to provide them with emergency services and access to church programs.

Can we employ an undocumented individual as a pastor in our church?

• The INA prohibits employers from knowingly hiring employees who are not authorized to work in the U.S.

• Employers who do can be sanctioned (fined) or in extreme cases, may face criminal consequences.

• Criminal consequences are reserved for serious repeat offenders.  

HOW CAN A CHURCH ASSIST WITH IMMIGRATION LEGAL ISSUES

Now What?

Contact an Immigration Attorney

• Contact the World Relief Hotline at 443-451-1978 or religiousworker@wr.org

• Fill out intake form• Immigration attorney will provide an analysis

of the case and make a recommendation• World Relief may offer to take the case or will

refer you to a local resource• Consultation fee may apply

Get a Second Opinion

• State by State guide to driver’s license requirements: www.nilc.org

• Immigrant rights: www.nilc.org• Private immigration attorneys: www.aila.org• Low cost legal services:

www.immgrationlawhelp.org • United States Citizenship and Immigration

Services: www.uscis.gov

What Not To Do

• Don’t advise an undocumented individual to leave the United States to “fix” his/her immigration status– Leaving the United States may trigger a 10 year

bar• Don’t try to help someone with an

immigration form or give advice on an immigration matter

Unauthorized Practice of Law

• Well meaning• Exposes clients to potential harm AND• Church/denomination to liability and prosecution• States decide what is the “practice of law”

– In some states it is anything beyond simple translation of a form

– www.abanet.org • Clients can file a law suit against the denomination• Instead, become recognized and accredited by Board

of Immigration Appeals (BIA)

BIA Recognition and Accreditation

• A non-profit organization becomes recognized• Their staff members or volunteers can apply for accreditation• Accreditation only valid on site and does not follow the

individual to another non-profit• Must file an application • Receive training in immigration law• Participate in supervised experience in filing a variety of

immigration forms• Maintain regular access to a legal library • Connection to a support network for ongoing mentoring,

training, and technical support• www.worldrelief.org/immigrant-legal-services

Other Ministry Options

• Churches are trusted sources of information and referral

• Contact World Relief with suggestions for materials• Host an informational or legal workshop in

partnership with local non-profits or attorneys• Serve as an advocate or guide• Assist families of detained/removed individuals• Visit detainees in detention facilities and partner

with legal advocates

What if There are no Immigration Options?

• It is important that the individual understands his/her circumstances – the truth

• Develop a plan and gather documentation in case family member is detained

• Know legal rights if stopped by police• Prepare for immigration reform

Detention or Removal Preparation Toolkit

• Expandable file stored in a safe place• Family plan

– If one parent is detained/removed– If both are detained/removed

• Information and contact list– Biographic information for family members

inside/out of the US– Include child’s favorite toy, school activities, etc.

Other Important Items for Toolkit• Power of attorney/guardianship forms

– General power of attorney– Healthcare power of attorney for minor children– DMV for vehicle

• Documents– Family photos– Tax forms– Immigration documents– Bills/Mortgage

Preparation for Comprehensive Immigration Reform

Locating, copying, and preserving documentation

Identity

• Birth certificates• Passports• Driver’s license• State ID• National ID

Physical Presence• Medical records• Utility bills/Envelopes • Receipts• Children’s school, medical, and birth records• Marriage certificate• Bank statements• Driving record• Letters from employers/church pastors

Criminal History

• Certified copy of the court disposition • Fingerprints will be taken• Document every arrest, charge, and outcome• Traffic violations• DUI• Document any encounter with an officer of

the law

Prior Immigration History

• Visas• I-94 cards• Approval notices• Notices to Appear• Copies of applications filed• Receipt notices• Any application in which the individual was

named

English and Civics

• Connect individuals to a local ESL class• Begin reviewing civics questions

– http://www.uscis.gov/citizenshiptoolkit

Questions

Contact Information:

World Relief 7 E. Baltimore StreetBaltimore, MD 21202

religiousworker@wr.orgPhone: 443-451-1978

Consultations by phone, Skype, or e-mail nationwideSpanish or English