Immigration Alerts
The SVD USC Handbook for Visa Holders is available to SVD members at www.divineword.org (Members Section).

Current: February 2012

Previous updates:

12/12/2011  January Conference "Immigration: A 50-State Issue"
11/15/2011  SVD Visa Holders Seminar (Midwest Region)
10/19/2011  Naturalization
09/27/2011  R-1 Maximum Status Rule
09/23/2011  SVD Visa Holders Seminar (Eastern Region)
08/05/2011  I-94 Arrival/Departure Card
08/05/2011  Permanent Residence Card
08/02/2011  One Year Presence for LPRs
08/01/2011  SVD USC Visa Holders Handbook
06/01/2011  Change of Address Requirement
05/24/2011  Immigration Site Visit

January 11-13, 2012 Conference: "Immigration: A 50-State Issue"

Info 12/12/2011:  The USCCB and CLINIC (Catholic Legal Immigration Network, Inc.) will be holding a conference on January 11-13 in Salt Lake City to include such topics as "Immigration laws and their impact on the Church", "Employer verification bills", "Arizona copy cat legislation".  Registration fees are $100 to $250 depending on accommodations. For details visit www.cvent.com/d/wcqmsm.

SVD Visa Holders Seminar (Midwest Region)

Info 11/15/2011:  On November 5, 2011 twenty seven SVD and SSpS gathered at Divine Word Theologate for the annual SVD-SSpS USC Visa Holders Seminar (Midwest Region) sponsored by the Secretariat of Education, Recruitment, and Formation, and hosted by the Theologate Community.

Topics included:

• The do’s and don’ts of being in F-1 Student Status

• R-1 Religious Worker unannounced on-site inspections by the Department of Homeland Security, USCIS Office of Fraud & National Security

• Travel requirements for non-immigrants: F-1, R-1, B1/2, H1B, H-3, and LPR Green Card Holders

• Prohibition of fundraising while in B1/B2 Status

• Visa applications/interviews at U.S. Consulates

• Non-immigrants and local law enforcement: Carrying the I-94 Arrival/Departure Record

• Passport renewal

• Secondary inspection at U.S. Ports of Entry conducted by Customs and Border Protection

• Affidavits of Support

• Violating F-1 and R-1 status and the consequences

• USC immigration expenditures and current USC SVD court litigation

• Online version of the recently revised/updated SVD USC Visa Holders Handbook

Following the seminar the DWT Community hosted the participants for a nice lunch. These annual visa seminars date back to 2003.

Naturalization

Alert 10/19/2011:  The rule for naturalization is that the applicant must be an LPR residing in the U.S. for at least five years, and physically present in the U.S. for at least one half of those five years.  Any departure of more than six months and less than one year gives rise to a presumption that the LPR broke his continuous residence.  That presumption may be overcome by evidence that the LPR did not intend to abandon his residence in the U.S.  Any departure of more than one year will necessarily break residence for naturalization purposes, unless the LPR has filed an N-470 application to preserve residence for naturalization purposes.

The N-470 application, when approved, treats period of time spent outside the U.S. as if it were physical presence in the U.S.  It is available to priests and religious workers assigned to perform religious service outside the U.S.  But the LPR must have been continuously physically present in the U.S. for a year in order to qualify for the N-470 benefit.

If the priest or confrere will be outside the U.S. for longer than six months, it is recommended that he file an application for a reentry permit.  This is one way to argue that the LPR did not intend to abandon his residence in the U.S.

R-1 Maximum Status Rule
Per the USCIS: August 29, 2011

Alert 09/27/2011:  The USCIS reaffirmed their position on recapturing R-1 time while outside of the U.S. and this official position was published in "88 Interpreter Releases", pp. 2048, dated August 29, 2011.  The USCIC decision was made public during the National Religious Worker Stakeholder Engagement Q&A Sessions held on July 14, 2011 and July 28, 2011.

USCIS Official position (as of August 29, 2011): The five-year time limit will continue to accrue even while a person is outside of the U.S. for meetings, home leave or other reasons.

Reminder:  R-1 Holders need to keep this in mind when planning extended trips outside of the United States.

Reminder:  An individual holding an R-1 visa must depart the U.S. for at least one full year after reaching the five-year maximum.

Reminder:  This five-year time limit could also affect those filing for Legal Permanent Resident (LPR).  Such persons must remain in valid R-1 status up to the time he applies for LPR status and must obtain an Employment Authorization Document (EAD) in order to remain eligible to adjust status.

SVD Visa Holders Seminar (Eastern Region)

Info 09/23/2011:  For any SVD visa holders planning to attend the SVD Visa Holders Seminar on the east coast, please note that the date has been changed from April 21, 2012 to April 28, 2012.  The site (Bordentown) and the time (9:30 am until noon) remain the same.  Attendees should contact Richie Vaz at 847-412-7245 or richievaz@svdmissions.org if they have any questions or concerns.

I-94 Arrival / Departure Card for Non-Immigrants
(especially those in F-1 Student and R-1 Religious Worker Status)

Reminder 08/05/2011:  According to Rule 245e of the Immigration and Nationality Act, the I-94 Arrival/Departure Card must be carried on your person.  There is a fine as well as possible jail time (misdemeanor charge) for not complying with the rule. This rule also applies to anyone in the U.S. holding B1/B2 Tourist status.

Permanent Residence Card

Reminder 08/05/2011:  Those in Legal Permanent Resident (LPR) status must carry their "permanent residence card" with them at all times. It is the law.

One Year Presence for Lawful Permanent Residents (LPR)

Reminder 08/02/2011:  LPRs must be continuously physically present in the U.S. for a one year period after becoming a Lawful Permanent Resident, if they intend to file for the N-470 (Application to Preserve Residence for Naturalization Purposes) anytime in the future.  Check the USCIS web site under LPR and Naturalization for additional details.

SVD USC Visa Holders Handbook

Info 08/01/2011:  The SVD USC Handbook for Visa Holders has been officially updated and released as the 2011 e-Edition.  The edition is available for online viewing, 24/7 referencing, and printing via the USC Province’s website.  The 2011 e-Edition is the first major revision since 2009 and some of the changes include the cancellation of the National Security Exit-Entry Registration System (NSEERS) and the replacement of forms DS-156, 157, and 158 with a new DS-160 Nonimmigrant Visa Electronic Application.  We recommend that you discard any earlier Handbook editions (2002 thru 2009) as the information they contain is no longer valid.

Hardcopies of the Handbook will not be physically distributed.  All visa holders and those involved with immigration issues are urged to print out their own copy of the 2011 e-Edition Handbook.  To do so, you will need to login to the “Members” section on the Province website www.divineword.org.  Once you are logged in, select “Documents”, then “Chicago Province Miscellaneous Documents” from the menu choices and scroll down to the title—SVD USC Visa Holders Handbook.  Please note that the Handbook is copyrighted and is intended for SVD members only.

Change of Address Requirement
Per the USCIS: June 2011

Alert 06/01/2011:  Lawful permanent residents and those holding R-1 Religious Worker status are required to update the U.S. Customs and Immigration Service (USCIS) concerning any change in address.  To do this, go to www.uscis.gov, click on “forms” and locate Form AR-11 Change of Address.  Complete the form and submit it electronically.  Save a pdf copy of the completed, submitted form for your records and send a copy to the provincial office or education office.

During the May 24 Department of Homeland Security/U.S. Citizenship and Immigration Services’ inspection visit, the officer from the Administrative Site Visit Verification Program inquired about our compliance with this address verification requirement.

Immigration Site Visit

Info 05/24/2011:  The Chicago Province had its fourth unannounced immigration visit on May 24 (2011) when an agent from the Administrative Site Visit and Verification Program, U.S. Citizenship and Immigration Services, Department of Homeland Security came to the Province Center.

The interview was lengthy and detailed, but we were well prepared and answered all questions thoroughly.  The visit also involved a campus tour, as well as some picture taking by the officer.

Earlier this year the same government agency paid an unannounced visit to one of our communities, and prior to this the USCIS conducted an inspection over the phone with a member.