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I have my I-360 approved. I have filed my I-485 and have received

 

Customer Question

I have my I-360 approved. I have filed my I-485 and have received acknowledgement on July 3. Does the church I work for which filed my approved petition for I-360 any input as regards XXXXX XXXXX? What I mean is can I leave them for another church at this time since the I-360 has been approved and I have received acknowledgment of the I-485 that I filed. Also how soon can I get the Green Card?

 

Optional Information:
Mesquite, Dallas, Texas

Already Tried:
Nothing.

Submitted: 1762 days and 6 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  Attyrlj replied1762 days and 6 hours ago.

No. For the I-360 you were the beneficiary and the employer-church was the applicant or petitoner. However, for the I-485 you're the applicant/petitioner.

 

Processing times vary; however, expect to wait at least 13 months.

 

If you require assistance we would be willing to discuss your case further.

 

I trust that this information is helpful.

Attyrlj39682.1021355324

Customer replied1761 days and 22 hours ago.

From your answer, I can take the new Pastoral job from another church and this will not jeopardise my Green Card petition?
My second question is: Will the INS come to my church for any form of site inspection/investigation for the approval of my I-485?
What do I expect next from INS at this time?

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Expert:  Attyrlj replied1761 days and 17 hours ago.

You incur a risk anytime you make a significant change (e.g., changing employers midstream) that affects your lawful status. The most important thing for you to remember is this: If you get a green card, you are getting a green card only because your services are essential to a U.S. employer. Put another way, the U.S. government is issuing a green card not for your benefit, but to help a U.S. company or

Institution (here a church).

 

Moreover, as a condition of your employment (i.e., approved I-360) your current church-employer had to provide numerous assurances. For example, that it was a bona fide nonprofit religious organization in the U.S., exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, and (probably) that it would ensure that you do not become a public charge.

 

Thus, if you change employers, you're inviting the Government to challenge the sincerity of your original I-360 application. Moreover, the new church will have to provide all of the same assurances.

 

THEREFORE, I suggest that you not change employers until after you receive your green card.

 

As to your 2nd question, as part of the I-485 process, please be aware that the Immigration Service will visit your church-employer.

 

As to your 3rd question, I will need more information about your case to give you an idea of what to expect next.

 

 

(edited)

 

I trust that this information is helpful.

 

Maureen39805.1909246528

Customer replied1758 days and 7 hours ago.

I am not clear as to where the immigration service will visit. The church I pastor is in another city from the headquarters of my church employer. Before the approval of my I-360, the immigration service visited my employer (petitioner) at the headquarter and then secretely attended one church service in my church. This time I have filed for I-485, what will they be looking for? Will they come to my church directly or my I-360 petitioner? Will they be looking into my attendance, accounts and other books or just attend our services? Please respond to enamble me accept and pay.

Accepted Answer

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Expert:  Attyrlj replied1757 days and 20 hours ago.

You have to understand the history of the R-1 program, which is fraught with fraud. That is, people using the program as a means to circumvent the immigration laws. As such, you can expect the Service to take whatever steps it deems necessary and appropriate to ensure that you are working for bona fide nonprofit religious organization in the U.S., exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. This will include a visit to the church where you work. Moreover, for purposes of ensuring that the parent organization is also a bona fide U.S. nonprofit religious organization, the Service may make another visit to or direct interrogatories at the parent church. Finally, unless something untoward raises suspicion as to your organization's tax exempt status, it is unlikely that the Service will turn its attention to your organization's attendance, accounts, or other records.

 

I trust that this information answers your question.

 

Thanks in advance for accepting my answers.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 100.0 %
Accepts: 16
Answered: 8/26/2008

Experience: Over a dozen years of combined service to courts, government agencies, businesses, & individuals

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Customer replied1639 days and 4 hours ago.

I have filed my I-485 and it has been acknowledged since July 3, 2008. All members of my family have received employment authorization and social security numbers. We have also been invited for and done our Biometrics. I have two approved I-512L, Authorization for Parole of an Alien Into the United States (Travel Authorization). The travel authorization expires on October 31, 2009.
I have not received an approval for my Green Card yet. What next line of action do I expect from Immigration. I am a Religious Worker (full time Pastor of a Church).
I intend to travel to the UK in February (for two weeks) and Nigeria in April (for 5 weeks) next year. I hope I will not encounter problems re-entering the USA on these trips.

Customer replied1638 days and 18 hours ago.

Why is it taking so long to get an expert response? I have already received an answer so do not bother giving me an answer again. Thanks.39807.1015861458

 
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