I Believe in God. Can I get an R-1?

By: Attorney Rizvi | Posted: 19th January 2011

The short answer is no. Belief in God or a higher power does not qualify one for an R-1 visa.

The R-1 is a visa reserved for religious workers, such as ministers, nuns, rabbis, and other religious workers who are seeking to come into the United States on a temporary, typically 3 year basis for the general purpose of religious ministry. This is a non-immigrant, non-citizen form of visa. It is a permissive visa which allows the recipient to minister within the United States for the statutory period.

In order to qualify for an R-1, the applicant must be affiliated with a recognized United States non-profit 501(c)(3) religious denomination that maintains an active presence within the United States. This domestic religious denomination may be referred to in various ways, such as the “employer” or “sponsor”. Either way, it would be wise for this sponsor or employer to apply well in advance of the intended granting of the visa. A minimum time of six months is recommended, however the more time available for the sponsorship in advance of the arrival of the R-1 recipient, the better.

The R-1 applicant should be able to prove not only affiliation with the religious denomination, but also a minimum 2 years of said affiliation. The employer or sponsor should be prepared to file what is known as an I-129, which is known as a “Petition for Nonimmigrant Worker”, well in advance of the anticipated arrival of the applicant.

Other paperwork will be necessary on both sides. The applicant will likely have to visit a U.S. Consulate or Embassy within the applicant’s home country, both to fill out paperwork and conduct an interview with U.S. Immigration officials. This requirement may be waived if the applicant is a minor or of age 70 or older. However, the vast majority of cases will require a personal meeting with United States officials, in the home country of the applicant. The applicant will be required to have a valid passport and all associated fees, in addition to stating his or her intent to comply with the requirements of the visa (most specifically, not to remain longer than the granted time, unless an extension is allowed).

About the Author: Attorney Rizvi is a Houston immigration lawyer. She provides legal assistance in a variety a fields, including immigration & nationality law, wills & estate planning and business transactions. For more information please visit http://zkrlaw.com.
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