R-1 Religious Visa Fraud

The United States Citizenship and Immigration Services (USCIS) provides special dispensation to religious workers wishing to enter the United States, and allows for special R-1 visas to be issued to people who wish to pursue a religious life in the country. Unfortunately, the availability of this form of visa has been widely abused and may soon become much more limited in its scope.

An R-1 visa currently requires that the applicant have been a member of a recognized religious organization for two years prior to application, and that they will be filling a position within that organization upon arrival in the US. These visas can be sought through US consulates overseas without previous approval by the USCIS, resulting in unscrupulous would-be immigrants falsifying information which would make them eligible in order to expedite entry to the country.

Proposed Changes

In order to reduce the occurrence of fraud and reassert the integrity of the R-1 program, the USCIS has proposed several changes to regulations regarding this type of visa. In the future, R-1 applicants may need to be aware of such alterations as:

  • The additional requirement of submitting a petition to the USCIS, even when applying outside the country;
  • Allowances for the USCIS to conduct inspections of an organization petitioning to employ an R-1 applicant in order to verify their legitimacy;
  • Various clarifications and modifications of terminology;
  • Reducing the standard period of stay from three years to one.

The implementation of such changes has been pending since 2007, but the USCIS may choose to go forward with such modifications at any time.

Contact Us

If you are interested in applying for an R-1 religious visa or have any questions about the process of immigration or naturalization, the knowledgeable and experienced Orange County immigration attorneys of Garg & Associates, P.C., are ready to assist you in every way we can. Contact us today at 949-540-6704 for a consultation to discuss your concerns.

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Garg & Associates, PC | 120 Vantis Suite 300 | Aliso Viejo, California 92656 | Please call 949-540-6704 | Fax: 562-264-1051

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