INS on Religious Worker Petitions
Date: August 6, 1997
To: All District Directors (including foreign)
All Officers-in-Charge
All Service Center Directors
Office of Administrative Appeals
Deputy Director, IOA, Glynco, GA
Deputy Director, IOA, Glynco, NM
From: Office of Programs
This is to remind field offices that, as stated in previous memorandum, HQ 70/6.1.7-C, dated February 14, 1997, aliens who qualify for special immigrant status under section 101(a)(27)(C)(i) of the Immigration and Nationality Act (INA) as professional or other religious workers who perform a religious occupation or vocation, must adjust status or immigrate on or before September 30, 1997. This includes accompanying spouses and children of religious workers. Unlike other applications for immigrant visa benefits under section 203 of the INA, the availability of visas for religious workers under the special immigrant religious worker provision of section 101(a)(27)(C) of the INA will sunset on October 1, 1997. Accordingly, on or after October 1, 1997, qualifying religious workers cannot immigrate under this provision.
Beginning immediately, all actions taken on any petition/application filed on behalf of a religious worker must be documented and notated in the relating file.
I. Processing Immigrant Religious Worker Petitions Before the October 1, 1997 Deadline
Offices should expedite the adjudication of all Forms I-360, Petition for Amerasian, Widow(er), or Special Immigrant, filed on behalf of religious workers and Forms I-485, Application to Register Permanent Residence or Adjust Status, filed by religious workers based upon approved Forms I-360. In addition, all interviews for adjustment of status for religious workers must be expedited.
Offices need to promptly notify a U.S. consulate of an approved Form I-360 petition so that the alien religious worker can receive an immigrant visa and enter the United States before October 1, 1997. In such cases, the office which approved the Form I-360 petition should send a VISAS FIFTY-EIGHT cable to the consulate.
In addition, upon approval of any Form I-824, Application for Action on an Approved Application or Petition, filed by an alien who has adjusted status as a special immigrant religious worker, offices should immediately cable the appropriate U.S. consulate so that the spouse and/or children can be processed for immigrant visas as follow-to-join relatives. The cable should contain the principal’s name, address, date of birth, adjustment classification and the spouse’s and/or children’s names, dates of birth, and address.
II. Adjudicating Adjustment of Status Applications Filed by Religious Workers Before October 1, 1997
To complete the adjustment process before October 1, 1997, offices should request a visa allocation from the Immigrant Visa Control office of the Department of State for each pending Form I-485 based upon an approved Form I-360. This action will minimize the possibility that visa numbers may become unavailable to applicants for adjustment of status prior to October 1, 1997. If the visa is subsequently unable to be used, it will be returned to the State Department. Offices should also request, to the maximum extent possible, expedited processing of consular and FBI name and fingerprint checks for any pending applications filed by religious workers and accompanying relatives.
In cases where fraud is suspected and/or an investigation is warranted, every attempt must be made to complete the investigation and/or interview in sufficient time to complete the processing of the cases prior to October 1, 1997. A memorandum to the A-File outlining the specific reasons why the processing time is being extended must be immediately completed in any case in which fraud is suspected or an investigation has been warranted.
Unless legislation is promulgated prior to October 1, 1997 extending the sunset date, all Forms I-360 and I-485 filed on behalf of religious workers which are not adjudicated prior to October 1, 1997 must be held for a period of 60 days. If legislation extending the sunset date has not been promulgated by the end of that 60-day period, the petition/application may be denied as a matter of law. If the beneficiary/applicant is ineligible for additional reasons, those reasons must also be specified in any denial notice.
III. Applications for Adjustment of Status Submitted by Religious Workers On or After October 1, 1997
Unless legislation is promulgated extending the sunset date for religious workers, any application for adjustment of status submitted by a religious worker on or after October 1, 1997 should be rejected since a visa will not be immediately available to the applicant at the time of filing.
If any legislation regarding religious workers is promulgated, the Headquarters Office or Programs will immediately notify all offices. Questions regarding special immigrant religious workers may be directed through appropriate channels to the attention of Helen deThomas, Office of Adjudications, at 202/514-5014.
Paul W. VirtueActing Executive Associate Commissioner