DOS Reminds Posts of B-1 Visa Option for Missionaries

R 071557Z AUG 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
POUCH BELGRADE
POUCH DUSHANBE
POUCH FREETOWN
POUCH PRISTINA

UNCLAS STATE 135944

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: B-1 VISAS FOR MISSIONARIES

REF: 9 FAM 41.31 NOTE 6.1-3

1. VO has recently received inquiries from a religious group
claiming that applicants for visas to perform missionary work
the U.S. who are ineligible for R status because they have no
been members of the religious organization for two years, are
not alternatively considered eligible for B-1 status per ref
note. This cable reminds posts that the B-1 note regarding
religious activities is still in effect and provides an
alternative method for bona fide religious workers to come to
the U.S.

2. In order to qualify for R status, the INA requires that the
applicant demonstrate that he or she: "for the 2 years
immediately preceding the time of application for admission,
been a member of a religious denomination having a bona fide
nonprofit, religious organization in the United States". VO
notes that the INA does not define religious organization for
this purpose, and an applicant may fulfill this requirement
through membership in an "affiliated" organization. Given the
wide varieties of religious belief in the U.S., and the
constitutional protections given to religious practices, VO
believes that posts should interpret this requirement flexibly.
A person who has not been a member of a particular church or
other religious organization but has been a member of another
organization with a related set of doctrine or belief can be
considered to have met the two year statutory requirement
through membership in an affiliated organization.

3. In cases where the applicant is a recent member, and cannot
demonstrate two-year membership in an affiliated organization,
B-1 status remains an option where the applicant meets the
requirements in 9 FAM 41.31 note 6.1. This is true even if the
applicant who meets the qualifications in the note intends a
stay of a year or more in the U.S. 9 FAM 41.31 note 2.4
provides that the fact that the period of stay in a given case
may exceed six months or a year is not in itself controlling,
provided the consular officer is satisfied that the intended
stay actually has a time limitation and is not indefinite in
nature. Posts are also reminded that many cases involving
religious workers generate substantial public or congressional
interest in the U.S. Therefore, it may be in the interest of
posts to consider requesting advisory opinions, or sending
information cables to the department in cases whenever there is
a likelihood of refusals generating a response from the
sponsoring religious institution.

4. Minimize considered.

POWELL