Friday, September 4, 2009

Special Immigrant

Special immigrant is a reference made to an immigrant who qualifies to enter the United States under the special immigrant status. Further the said special immigrant also can apply for permanent residence subject to the discrimination of the USCIS. The special immigrant falls under the fourth employment based priority where the USCIS enables immigration status to people who fall under many categories including the religious workers. Religious ministers, Religious professionals and other related religious workers qualify under special immigrant religious worker code.

The special immigrant status for religious workers has most needs related to the R-1 religious worker visa however the immigrant status enables the religious worker with the lawful permanent residence in the United States. Every financial year the 7.1% of the immigrant visa number is allotted for religious professionals from all over the world; however, the religious ministers do not fall under the Immigrant Visa Number quota and are exempted from the numerical limitation. The spouse and dependents of the religious worker who are accompanying him also qualify for special immigrant status.

The religious worker applying for this category should have been a member in a religious body that is tax exempted and bonafide for at least a complete period of 2 years before the permanent resident application is made.

The special immigrant status would be given only of the religious worker seeks to be in the United States:
Only for the need of executing the duties of a religious minister of a particular religion.
The entrance can also be due to an employment offered by a tax exempted and bonafide religious body. The employment can be of professional, vocation or occupational order.

Apart from religious workers unmarried sons and daughters of employees of international corporations; the spouse of a dead employee of international corporations; and a retired officer who have been working in an international corporation also do qualify for permanent resident status as special immigrants.

The qualifying norms and period of minimum physical stay vary for each such applicants:-
The retired employee should have worked with a G-iv visa for at least 15 years before retirement in the United States with the minimum physical appearance qualification.
The spouse of a dead employee of the international organization can also apply for special immigrant status and the application should be made within the 6 months of the death of the employee, subject to physical presence limitations.
The unmarried sons and daughter who are not less than 25 years of age also can apply, subject to physical presence limitations.

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