R-1 Visa Program Attorney in San Diego, California

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R-1 Visa Immigration Attorney

When applying for an R-1 visa in San Diego, California, having a skilled attorney by your side can simplify the complicated process. The R-1 visa is for religious workers intending to enter the United States temporarily to work in a religious role or vocation. Knowing the specifics of this visa program is essential for a successful application.

What is an R-1 Visa?

The R-1 visa is a non-immigrant visa specifically designed for foreign nationals who wish to enter the United States to work in a religious capacity. This visa is available to individuals who are employed by a bona fide non-profit religious organization in the U.S. or an affiliate of such an organization.

Eligible applicants must have been members of their religious denomination for at least two years immediately preceding their application and must be seeking to enter the U.S. to work as ministers, in a religious vocation, or in a religious occupation. The work must be related to the religious beliefs and practices of the denomination, such as conducting religious worship, performing religious duties, or fulfilling roles that are traditionally associated with a religious vocation.

The R-1 visa is initially granted for a period of up to 30 months and can be extended for an additional 30 months, allowing a maximum stay of five years. During this time, visa holders can live and work in the United States, contributing to their religious community. The application process involves the religious organization filing Form I-129 (Petition for a Nonimmigrant Worker) with the United States Citizenship and Immigration Services (USCIS).

Upon approval, the applicant can apply for the R-1 visa at a U.S. consulate or embassy abroad. Spouses and unmarried children under the age of 21 can accompany the R-1 visa holder under the R-2 visa, though they are not permitted to work in the U.S. Additionally, R-1 visa holders may be eligible to apply for permanent residency (a Green Card) if they meet certain criteria and follow the appropriate immigration procedures.

Benefits of obtaining an R-1 visa

The R-1 visa offers several benefits for religious workers seeking to live and work in the United States. Here are the key advantages:

  • Opportunity to Work in the U.S: The R-1 visa allows individuals to work in the United States for a bona fide non-profit religious organization, fulfilling roles that are essential to their religious denomination.
  • Extended Stay: R-1 visa holders can stay in the U.S. for an initial period of up to 30 months, with the possibility of extending their stay for an additional 30 months, allowing for a total maximum duration of five years.
  • Family Accompaniment: Spouses and unmarried children under 21 can accompany the R-1 visa holder on R-2 visas, allowing the family to stay together during the assignment in the U.S.
  • Path to Permanent Residency: R-1 visa holders may be eligible to apply for a Green Card (permanent residency) if they meet certain criteria.
  • Travel Flexibility: R-1 visa holders can travel freely in and out of the U.S. during their visa’s validity, maintaining connections with their home country’s religious organization.

Requirements for Participating in the R-1 Visa Program

To participate in the R-1 visa program, applicants must meet specific requirements. These include:

  • Membership in a Religious Denomination: Applicants must have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least two years immediately preceding the application.
  • Employment by a Bona Fide Non-Profit Religious Organization: Employed by a bona fide non-profit religious organization in the U.S. or by a non-profit organization affiliated with a religious denomination.
  • Religious Occupation or Vocation: Enter the United States solely to work as a minister, in a religious vocation, or in a religious occupation related to traditional religious functions.
  • Proof of Qualifications: Provide evidence of qualifications, ordination if applicable, and proof of compensation from the U.S. employer.
  • Employment Terms: Work at least 20 hours per week and not in purely administrative or support roles unless part of the religious vocation.
  • Non-Immigrant Intent: Applicants must demonstrate intent to return to their home country after completing their religious work in the United States.

How can an Attorney Help with a R-1 Visa?

An immigration attorney can provide essential assistance throughout the R-1 visa process. Here are some key ways a lawyer can help:

  • Eligibility Assessment: An attorney can ensure you meet the R-1 visa criteria, such as being a minister or working in a religious vocation, and confirm your employer is a bona fide non-profit religious organization recognized by the IRS.
  • Document Preparation: Assist in collecting necessary documents, like proof of membership in the religious denomination for at least two years, and prepare detailed documents to prove the legitimacy of the religious organization and the religious nature of your work.
  • Filing the Petition: Prepare and file Form I-129 (Petition for a Nonimmigrant Worker) along with the R Supplement and supporting documents, ensuring all forms are correctly completed, signed, and filed with the appropriate fees.
  • Responding to Requests for Evidence (RFE): Draft comprehensive responses to RFEs with additional evidence and explanations, and handle any legal concerns or complications during the petition process.
  • Compliance and Record Keeping: Advise your employer on maintaining compliance with immigration laws and regulations, including proper record-keeping, and prepare the organization for potential site visits or audits by USCIS.
  • Legal Representation: Represent you and your employer in any legal proceedings or appeals if the visa petition is denied.

Working with an experienced immigration attorney can streamline the R-1 visa application process, increase your chances of success, and ensure compliance with all relevant regulations.

California R-1 Visa Immigration Lawyer

Ready to take the next step in your immigration journey? Contact North County Immigration today to schedule a case consultation with our skilled R-1 Visa attorneys. Let us help you achieve your dream of living in the United States. Your path to success begins here.

Our Practice Areas

NON-IMMIGRANT VISAS

FAMILY IMMIGRATION

U VISAS

INVESTOR VISAS

POST-CONVICTION RELIEF

IMMIGRANT CRIMINAL DEFENSE

DEPORTATION AND REMOVAL DEFENSE

WAIVERS OF INADMISSABILITY

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Maria C.

Did a consultation with North County Immigration about getting my citizenship. Ended up using their Review Service which was a great alternative. I prepared my application myself and then she reviewed my application to make sure it was correct and gave great suggestions of what documents I should include. Definitely recommend their office. They are reasonable and don’t rip you off.

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My experience was extraordinary, Anna was knowledgeable. She was very polite, she handled my case to a successful end. I RECOMMEND Anna H. to anyone with no less than a tough case. She’s indeed indeed great.

Caesar P.

Attorney Anna M. Hysell is the best immigration lawyer in San Diego and San Bernardino. Her and her team went out of their way to help my wife obtain legal status in the United States after living illegally for 10 years. My wife is now on the path to becoming a US Citizen. If you are in the military you will find her prices are affordable and well worth it. If you want your loves ones to stay in the United States, Attorney Anna M. Hysell is the way to go!!

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Former Government Attorney

Attorney Anna M. Hysell is a former Government attorney for both the U.S. Department of Justice and the U.S. Department of Homeland Security.

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We think like the interviewing officer or opposing government lawyer. We have earned a reputation for taking on and winning complicated immigration cases. 

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Successful Deportation Defense for a Military Family

NCI helped a client with a prior successfully avoid deportation on the grounds of hardship as the defendant’s children’s mother was deployed.

Successful Asylum Claim from the Ukraine War

NCI helped an asylee seeking to escape the devastation and heartbreak caused by the unprovoked actions of the Putin Invasion of Ukraine.

B-2 Visa Extensions Granted to Keep a Family Together

NCI was able to get 6-month extensions approved for 2 minors to stay with their ill father in the United States while he undergoes medical treatment.

Removal Stopped

NCI was able to halt the removal of a Brazilian national that was scheduled to be deported out of Houston International on the grounds of due process violations.

Reunification of an Escondido Family

NCI successfully helped an Escondido woman and her mother overcome some legal challenges and gain immigration status, allowing them to reunite.

Removal Order Rescinded

NCI was able to help rescind a removal order for our client who had the unfortunate luck of previously receiving poor counsel. 

R-1 Visa Program Attorney FAQs

What is a R-1 Visa and who is eligible?

The R-1 visa is a non-immigrant visa for foreign nationals who are coming to the United States temporarily to work as a minister or in another religious vocation or occupation.

To be eligible for an R-1 visa, you must be a member of a religious denomination having a bona fide non-profit religious organization in the U.S., and you must have been a member of the denomination for at least two years immediately before applying for the visa.

What types of positions qualify for the R-1 visa?

Qualifying positions include ministers, persons working in a professional capacity in a religious vocation or occupation, and persons working in a religious occupation which relates to a traditional religious function.

How long can you stay in the U.S. on an R-1 visa?

The initial stay is up to 30 months, with the possibility of extending the stay for an additional 30 months. The maximum period of stay on an R-1 visa is five years.

Can R-1 visa holders bring their family members?

Yes, R-1 visa holders can bring their spouse and unmarried children under the age of 21 on R-2 visas. However, R-2 visa holders are not authorized to work in the U.S.

Can R-1 visa holders apply for a green card?

Yes, R-1 visa holders may be eligible to apply for a green card under the EB-4 category for special immigrants. This process involves a separate application and meeting additional requirements.

What documentation is required to apply for an R-1 visa?

Required documentation typically includes proof of membership in the religious denomination, evidence of the non-profit status of the religious organization in the U.S., a letter from the religious organization detailing the applicant’s qualifications and the job offer, and proof of prior religious work experience.

Can R-1 visa holders change employers?

Yes, but the new employer must be a qualifying religious organization and must file a new petition with the U.S. Citizenship and Immigration Services (USCIS).

What is the difference between an R-1 visa and a B-1 visa for religious workers?

An R-1 visa is for religious workers who will be employed by a religious organization in the U.S., while a B-1 visa may be used by religious workers who are coming to the U.S. temporarily for specific religious work without an actual job offer from a U.S. employer. The B-1 visa is typically for shorter durations and does not allow for employment.