Legal Issues in Immigrant Ministry: Immigration 101 with Religious Worker Visa Examples Church Liability Myths/Facts; an

1. Legal Issues in Immigrant Ministry: Immigration 101 with Religious Worker Visa Examples Church Liability Myths/Facts; and Ways the Church Can Assist with Immigration Legal Issues

2. World Relief/Church of the Nazarene Partnership • House of Hope Coalition in the 1980’s • Training on religious worker visa program • Immigration legal hotline for district superintendents and pastors • Representation on religious worker and other visas • Consultation with Asian American Ministries • Mentoring, training, and technical support for churches and NCM sites opening legal clinics

3. How Does Someone Legally Enter and Live Inside the United States? Immigration 101

4. Important Terms • Nonimmigrant • Immigrant • Visa • Lawful Permanent Resident “Green Card” • Admission/Inspection • Immigration Status • I-94 Arrival/Departure Document

5. Nonimmigrant • Admitted to the United States for a temporary period of time • Limited in the amount of time allowed to stay inside the United States • Limited to specific activities

6. Immigrant • Intends to enter the United States to live permanently • Not limited to a specific time period • Two step process for an immigrant: • Approved immigrant visa at consulate • Enter the US from overseas and “green card” is mailed OR • Approved immigrant visa inside the US • File an application for the “green card”

7. Visa • Issued by a United States Consulate • “Ticket” that gives someone permission to travel to the United States border • Does not guarantee admission to the US • Date on visa is the last date an individual can seek admission into the US

9. Admission/Inspection • Each individual entering the US, must be inspected and admitted by Customs and Border Protection • Physically present does not equal “admitted” • Entering without inspection (EWI) • Come across border secretly • Subject to inadmissibility and deportability grounds

10. Immigration Status • Granted upon admission to the United States at the port of entry (airport, etc.) • Also granted upon extension or change of status by USCIS • Continues for the period of time the individual is authorized to stay in the United States • I-94 card/approval notice is evidence of that status

13. Who Makes the Laws/Decisions? • Legislative Branch • Makes immigration laws • Department of State • Issues visas • Department of Homeland Security • Customs and Border Protection (CBP): • Inspects Arriving Immigrants/Non-immigrants • Patrols the border • Citizenship and Immigration Services (CIS): • Processes immigration applications • Immigration and Customs Enforcement (ICE): • Enforces Immigration Laws • Department of Justice Executive Office of Immigration Review • Immigration Courts • Board of Immigration Appeals

14. Where Do I Begin? • Requirements for an immigration benefit • Grounds of inadmissibility/deportability • Cost • Adjudication Process • Border Inspection • Maintaining Status

15. Hurdle #1: Meeting the Requirements for an Immigration Benefit • Non-immigrant Visas A-V • Immigrant Visas • Family • Employer • Diversity Lottery • Asylum/Refugees • Special programs (examples) • Temporary Protected Status • Cancellation of Removal • Deferred Action for Childhood Arrivals

16. Religious Worker Visas: Basic Requirements • R-1 Non-Immigrant • Employed by a church or affiliated non-profit • To be a pastor or religious worker only • Must have been a member for 2 years • For less than 5 years • Special Immigrant Visa • First 3 requirements above under R-1 AND • 2 years of paid experience in a similar job

17. Hurdle #2: Grounds of Inadmissibility • Reasons an individual might not be allowed to gain admission to the US – even if he/she meets all the requirements of the immigration benefit • Most common grounds of inadmissibility: • Certain crimes • Financial (public charge) • Previous immigration law violations • May qualify for a waiver/exception (forgiveness) that is often connected to a specific immigration benefit

18. Special Immigrant Religious Worker Exception • An R-1 visa holder files the I-360 immigrant visa application on January 1st, 2000 • On June 1st, 2000, the R-1 visa expires and the pastor does not file for an extension • The I-360 is approved AND the I-485 green card application is filed on November 1st, 2000 • Because the pastor was “out of status”/undocumented for less than 6 months when he filed the I-485 application, he is “forgiven” and the application moves forward

19. Hurdle #3: Finances • Visa application fees • USCIS processing fees • Attorney costs • Travel expenses • Evidence of finances for certain benefits • Public charge ground of inadmissibility

20. Religious Worker Example • Both types of religious worker visas are employment visas • The government expects the church or non-profit to compensate the pastor for their work • If a church cannot afford to pay the pastor a salary or a combination of salary, housing, etc., the church and pastor would stumble over hurdles 1, 2, and 3

21. Hurdle #4: Process • Knowing where to submit the forms • Amount of paper evidence required for immigration benefit • Processing delays • Requests for more evidence • Receiving notices/letters • Denials

22. Religious Worker Visa Process • R-1 Non-immigrant Visa: • Church must file the I-129 form and all evidence/fees www.uscis.gov • A site visit is required • If pastor is overseas, he must wait for the approval before making an appointment at the Embassy • Special Immigrant Religious Worker Visa: • Church must file the I-360 form and all evidence/fees • Site visit required • If overseas, the pastor must wait for and approval, follow National Visa Center directions and be interviewed at the Embassy • If inside the US, the pastor must wait for the approval and then file the I-485 “green card” application

23. Hurdle #5: Admission/Inspection • Every individual must be admitted/inspected by the Department of Homeland Security (CBP) upon arrival • A visa does not guarantee entry into the US • Expedited removal (CBP) • Don’t get a hearing before a judge

24. Example • Pastor wants to come for the General Assembly in June 2013 and applies for a tourist visa • Embassy/consulate grants the tourist visa • At the airport, the CBP officer asks to look in the pastor’s bag and finds a letter from his brother saying he can get him a job at a church while he is visiting • CBP officer can refuse to allow the pastor entry – even though he has a visa in his passport

25. Hurdle #6: Maintaining Status • Must follow the requirements of your particular immigration benefit • Traveling out of the country • Grounds of deportability • Reasons an individual can be removed from the United States

26. Maintaining Status on the R-1 Visa • Pastor changes churches without filing new I-129 form • Pastor works less than 20 hours a week • R-1 visa holder works for a secular employer • The church stops paying the R-1 visa holder • R-2 child turns 21 • Churches are required to report to USCIS within 14 days when an individual no longer works for them or is working less than 20 hours a week

27. Myths and Facts Church Liability

28. Governing Law • The Immigration and Nationality Act (INA)governs which foreign nationals can enter the United States and what activities each individual can participate in while he/she is visiting or residing in the U.S. • State laws

29. How Does Someone Become Undocumented? • Entered without inspection • Overstayed the expiration date on the I-94 card without applying for and being granted an extension • Violated terms of immigration status • Death or divorce • Domestic violence • Victim of crime/fraud (trafficking)

30. Can an undocumented individual receive ordination? • The INA does not prohibit ordination or other denominational credentialing of undocumented individuals • The INA also does not prohibit undocumented foreign nationals from owning property, opening a bank account, volunteering their time or services, obtaining a loan, bringing a civil lawsuit, etc.

31. Do we have to verify the immigration status of church volunteers? • No, volunteers who do work without any expectation of compensation are not employees • Volunteers can be reimbursed for any out of pocket expenses: such as travel costs to an event; money spent on photocopying on behalf of the church; or food costs while traveling or hosting an event

32. Does our church have a duty to report undocumented individuals? • The INA also does not prohibit association with those who do not have a lawful immigration status, nor does it require U.S. citizens or others to report the presence of an individual without lawful immigration status. • Churches are free to minister and serve the undocumented • They are able to provide them with emergency services and access to church programs.

33. Can we employ an undocumented individual as a pastor in our church? • The INA prohibits employers from knowingly hiring employees who are not authorized to work in the U.S. • Employers who do can be sanctioned (fined) or in extreme cases, may face criminal consequences. • Criminal consequences are reserved for serious repeat offenders.

34. Now What? How can a church Assist with immigration legal issues

35. Contact an Immigration Attorney • Contact the World Relief Hotline at 443-451-1978 or religiousworker@wr.org • Fill out intake form • Immigration attorney will provide an analysis of the case and make a recommendation • World Relief may offer to take the case or will refer you to a local resource • Consultation fee may apply

36. Get a Second Opinion • State by State guide to driver’s license requirements: www.nilc.org • Immigrant rights: www.nilc.org • Private immigration attorneys: www.aila.org • Low cost legal services: www.immgrationlawhelp.org • United States Citizenship and Immigration Services: www.uscis.gov

37. What Not To Do • Don’t advise an undocumented individual to leave the United States to “fix” his/her immigration status • Leaving the United States may trigger a 10 year bar • Don’t try to help someone with an immigration form or give advice on an immigration matter

38. Unauthorized Practice of Law • Well meaning • Exposes clients to potential harm AND • Church/denomination to liability and prosecution • States decide what is the “practice of law” • In some states it is anything beyond simple translation of a form • www.abanet.org • Clients can file a law suit against the denomination • Instead, become recognized and accredited by Board of Immigration Appeals (BIA)

39. BIA Recognition and Accreditation • A non-profit organization becomes recognized • Their staff members or volunteers can apply for accreditation • Accreditation only valid on site and does not follow the individual to another non-profit • Must file an application • Receive training in immigration law • Participate in supervised experience in filing a variety of immigration forms • Maintain regular access to a legal library • Connection to a support network for ongoing mentoring, training, and technical support • www.worldrelief.org/immigrant-legal-services

40. Other Ministry Options • Churches are trusted sources of information and referral • Contact World Relief with suggestions for materials • Host an informational or legal workshop in partnership with local non-profits or attorneys • Serve as an advocate or guide • Assist families of detained/removed individuals • Visit detainees in detention facilities and partner with legal advocates

41. What if There are no Immigration Options? • It is important that the individual understands his/her circumstances – the truth • Develop a plan and gather documentation in case family member is detained • Know legal rights if stopped by police • Prepare for immigration reform

42. Detention or Removal Preparation Toolkit • Expandable file stored in a safe place • Family plan • If one parent is detained/removed • If both are detained/removed • Information and contact list • Biographic information for family members inside/out of the US • Include child’s favorite toy, school activities, etc.

43. Other Important Items for Toolkit • Power of attorney/guardianship forms • General power of attorney • Healthcare power of attorney for minor children • DMV for vehicle • Documents • Family photos • Tax forms • Immigration documents • Bills/Mortgage

44. Preparation for Comprehensive Immigration Reform Locating, copying, and preserving documentation

45. Identity • Birth certificates • Passports • Driver’s license • State ID • National ID

46. Physical Presence • Medical records • Utility bills/Envelopes • Receipts • Children’s school, medical, and birth records • Marriage certificate • Bank statements • Driving record • Letters from employers/church pastors

47. Criminal History • Certified copy of the court disposition • Fingerprints will be taken • Document every arrest, charge, and outcome • Traffic violations • DUI • Document any encounter with an officer of the law

48. Prior Immigration History • Visas • I-94 cards • Approval notices • Notices to Appear • Copies of applications filed • Receipt notices • Any application in which the individual was named

49. English and Civics • Connect individuals to a local ESL class • Begin reviewing civics questions • http://www.uscis.gov/citizenshiptoolkit

50. Questions Contact Information: World Relief 7 E. Baltimore Street Baltimore, MD 21202 religiousworker@wr.org Phone: 443-451-1978 Consultations by phone, Skype, or e-mail nationwide Spanish or English