Guidelines for Receiving Pastoral Ministers in the United States

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Civil Law Considerations—Immigration Law | C-1
Please note that information provided in this chapter does
not constitute legal advice. Dioceses, eparchies, seminar-
ies, institutes of consecrated life, and societies of apostolic
life should consult with legal counsel before developing
local policies or applying information contained herein to
individual cases. Detailed and updated versions of the civil
law considerations chapters may be found at:
org/about/general-counsel/guidelines-for-receiving-​
pastoral-ministers-in-the-united-states.cfm.
This chapter will discuss special immigrant (“lawful
permanent resident”) and nonimmigrant (“temporary
stay”) visa classifications, immigration status for inter-
national pastoral ministers pursuant to the Religious
Worker Visa Program (RWVP), and international
seminarians. In this chapter the term “religious worker”
will be used instead of “international pastoral minis-
ter,” because it is the term used under federal immigra-
tion law, which is civil law in nature. This chapter will
also consider application procedures, extensions and
changes of immigration status, reporting requirements,
and potential problems linked to these categories; the
following chapter will consider finances.
Particular Churches have brought religious
workers and seminarians born outside the United
States to this country for various reasons. A gen-
eral need for religious workers in certain areas and
a particular need for pastoral workers who speak the
languages of recent immigrant populations and are
familiar with their cultures have led dioceses and
eparchies to host and sometime train international
religious workers in the United States.
The primary federal statute in the United States
governing immigration affairs is the Immigration and
Nationality Act (INA, 1952 as amended). In 2008, a
major regulatory overhaul of the RWVP took place.
The US Citizenship and Immigration Services (CIS)
of the Department of Homeland Security (DHS)
adjudicates immigration benefits. Within the United
States, US Immigration and Customs Enforcement
(ICE) of the DHS enforces immigration laws and
regulations. Customs and Border Protection (CBP)
of the DHS is responsible for immigration bor-
der enforcement. The various Department of State
(DOS) embassies and consular offices located
throughout the world issue visas. The DOS Visa
Office is responsible for adjudicating requests for
particular visa classifications, while the DHS deter-
mines actual immigration status in the United States.
A. Receiving Religious Workers and Students
Religious workers on temporary assignments in
the United States must qualify for and submit
an application for the R visa (described in C.2,
“Nonimmigrant R Visas,” below). Those seeking
permanent residence must qualify for and submit
an initial petition before applying for permanent
residency. If the petitioner is abroad, the process
takes place in consular offices with jurisdiction
over the place of residence of the beneficiary. If
the petitioner is in the United States, the pro-
cess to acquire permanent residency may occur
in this country. Seminarians must qualify for
the F visa (explained in B.2, “F Student Visa,”
below) applicable to foreign students.
US Embassies and Consulates are branches
of the DOS located around the world. They pro-
cess visa applications for those seeking admis-
sion into the United States. Each embassy or
consulate has its own practices and so should be
consulted accordingly.
Dioceses and eparchies are responsible for
sponsoring a particular religious worker for tem-
porary or permanent residency in the United
States. They are sponsoring petitioners and must
submit the appropriate application and sup-
porting documentation to federal immigration
authorities for a beneficiary to be granted the
appropriate visa for admission into the United
States. As of this edition of the Guidelines, all
religious worker applications are filed at the
California Service Center, which is a part of CIS.
Dioceses and eparchies are also responsible for
reporting the religious worker to federal immi-
gration authorities under certain circumstances.
Seminaries are responsible for the appropriate
matriculation of foreign students and must com-
ply with applicable rules governing foreign stu-
dents while in the United States.
A change of status from one type of tem-
porary visa to another may occur while in the
United States, provided certain requirements are
met. An adjustment of status from a temporary
Civil Law Considerations—
Immigration Law