According to United States immigration laws, an immigrant visa is a category of visa document that allows a foreign national to enter the United States and eventually apply for lawful permanent residency. Generally, a lawful permanent resident is granted the same rights as a natural-born citizen.
These rights include the right to pursue citizenship as well as the right to work in the country. Typically, an individual seeking an immigrant visa must have another individual or organization who will petition them to relocate to the United States.
Because of this, an immigrant visa is usually categorized according to the relationship between the applicant and the petitioner. Immigrant visas, in general, fall into one of three categories, including:
- Family-based: Some of the most common petitioners may include:
- immediate relatives;
- close family members;
- fiancés; or
- other individuals who are willing to help the applicant receive their visa;
- Employment-based: Employers may act as petitioners to petition a worker to relocate permanently to the U.S; and
- Special immigrants: An example of special immigrants as employees includes religious workers or applicants from selected countries.
It is important to note that, for certain employment-based immigration visas, a work certification may be required. This means that an employer will be required to verify that the applicant is filling a legitimate employment need.
How is an Immigrant Visa Different from a Non-Immigrant Visa?
An immigrant visa is largely characterized by an applicant’s general intent to relocate permanently to the United States. In contrast, with a non-immigrant visa, an applicant only intends to stay temporarily.
Examples of non-immigrant visas would be temporary work visas and student visas. Applicants for non-immigrant status will be required to prove that they do not intend to stay or live permanently in the United States.
In addition, specific factors may exclude an applicant from receiving a non-immigrant visa, for example, a criminal felony record.
What is an Accompanying Visa?
An accompanying visa is a certain category of visa that is issued to a family member who may be traveling with a foreign national to the United States. The original visa applicant is called the principal applicant.
The principal applicant must be qualified to travel to the United States based on the category that they applied under. After a principal applicant has been verified, an accompanying individual may travel with them if they are granted an accompanying visa.
In general, the accompanying visa will be issued within 6 months of the date that the visa was issued for the principal. It is important to note, however, that application requirements and processing times will depend largely on what type of visa has been provided to the principal who is traveling to the United States.
What are the Requirements for Obtaining an Accompanying Visa?
The requirements for an accompanying visa may vary depending upon which category of visa the principal is traveling under. In general, the majority of accompanying visa applications will require the following:
- Evidence of the individual’s relationship to the principal;
- Payment of various filing fees;
- Submission of various travel documents, which include but are not limited to:
- passports;
- photo IDs; and
- medical records;
- Indications that the individual is not staying in the U.S. with the intent to deceive immigration authorities, meaning that they will not overstay a visa; and
- Any other records or documents that are being requested by immigration authorities.
Another requirement for these visas is that the applicant does not have a criminal record. This information will be obtained from the Federal Bureau of Investigations (FBI) within 3 months of the visa issuance date.
This information must be certified by the United States State Department. It is important to note that the requirements may vary according to the nature of the visa and the overall purpose of the visit.
Any visa violation and agreement terms violation may result in legal consequences, including citation or removal. Individuals who may apply for an accompanying visa are generally limited to:
- The spouse or fiancé of the visa holder; and
- The children of the principal, only if they are under 21 years of age.
What is a Religious Worker Visa?
Religious worker visas, or R-1 Visas, allow certain workers who belong to religious organizations to enter the United States temporarily. It is similar to an employment visa, as the applicant must perform work in their religious field upon entering the U.S.
It is important to note that immigration laws can change each year regarding the availability of R-1 Visas.
Who is Eligible for an R-1 Visa?
Typically, R-1 visas are issued to professionals or leaders in a religious organization. This may include:
- Priests;
- Ministers;
- Pastors;
- Rabbis;
- Deacons; and
- Other clergy members.
What are the Requirements for an R-1 Visa?
To qualify for a religious worker visa, the applicant must meet certain eligibility factors, including:
- The applicant must have worked for a religious denomination for at least 2 years; and
- The religious denomination that the individual worked for must be a legitimate non-profit organization in the U.S.
The second requirement means that the applicant is not permitted to invent a religious group or cite a religious group that does not exist. In other words, the group must be legally recognized in the U.S.
What are Some Other Specifications Associated with R-1 Visas?
An R-1 visa frequently allows religious workers to bring their spouses and children with them when they relocate to the United States. The individual typically must apply for an accompanying visa for their family members traveling with them.
It is important to note that a religious worker’s dependents are typically not permitted to work in the United States unless they change their status later. In addition, while an R-1 visa focuses on religious work, it may also allow the visa holder to participate in other activities, such as obtaining a religious education.
This visa category may also allow the individual to enter and re-enter the United States multiple times during their stay. They may also apply for permanent resident status in the future.
What is an R-2 Visa?
When individuals come to the United States for religious study or instruction, they typically apply for a religious worker visa or an R-1 visa. This visa only applies to individuals in the United States for religious study or instruction.
If an R-1 visa holder’s spouse or children wish to accompany them during their time in the United States, they will be required to apply for an R-2 visa. As the R-1 visa typically only lasts for 3 years, an R-2 visa usually lasts for only 3 years due to the validity of an R-2 visa being tied to the validity of the R-1 visa.
What are Holders of an R-2 Visa Allowed to Do?
Individuals in the United States on an R-2 visa may become full-time students. They are permitted to travel freely within the United States.
The holder of the R-2 visa may also leave the U.S. and re-enter, so long as their visa is still valid. Because of this, an R-2 visa is considered a multiple-entry visa.
Although the holder of an R-2 visa is permitted to study full-time in the U.S., no individual on an R-2 visa is permitted to work while in the U.S.
Do I Need a Lawyer to Apply for an R-2 Visa?
The process to obtain a religious worker visa is extremely selective. If you or your loved one needs assistance with a visa application, it may be helpful to contact an immigration attorney.
Your attorney can advise you of the requirements for an R-2 visa and explain the process of obtaining one or any other type of visa that might be available to you. Your attorney will also assist you during the application process to ensure your application is complete, accurate, and processed in the most efficient manner possible.
