Division of Religious Immigration Services
ADVOCACY
Twice the USCIS Service Center adjudicating her application requested additional
evidence in the case. The first request for evidence sought evidence of Sr. Beatriz’s
qualifications for the position. The second requested proof that she had made final
vows. The Service Center denied the application citing both Canon Law and the
Department of State’s Foreign Affairs Manual to the effect that she had not become finally
professed in the community and had not made a life-long commitment in her religious
vocation.
Despite the Division attorney’s arguments that: 1) Sr. Beatriz was not seeking to qualify in
a religious occupation but in a religious vocation; 2) annually renewed vows were part of
the community’s particular law; 3) Canon Law allowed for this type of commitment among
certain religious institutes; and 4) neither the language of the statute or the regulations
required final vows, the Service Center denied the I-360. The Division attorney filed an
appeal with brief to the Administrative Appeals Office (AAO) in Washington, DC. In
addition to her legal representation, she also contacted the offices of Congressional
representatives in the district and state where the religious institute was located, the
American Immigration Lawyers Association, and the Office of General Counsel at the
United States Conference of Catholic Bishops (USCCB). She prepared summaries of the
case and talking points about the statute, the regulations, and their application in Sr.
Beatriz’s case.
The Division, with USCCB’s Office of General Counsel, was able to obtain the intervention
of the Honorable Lamar Smith, one of the original sponsors of the religious worker
legislation -- and, coincidentally, the representative of the district in which the religious
institute was located! The AAO reviewed the record and the evidence and ordered the
Service Center’s denial withdrawn, the appeal sustained, and the I-360 approved. Sr.
Beatriz was then able to continue the process for the green card. Thanks to the efforts
of attorneys, Congressional staffers, Congressional representatives, and nonprofit
organizations, Sr. Beatriz today is a lawful permanent resident of the United States!
ADVOCACY
Twice the USCIS Service Center adjudicating her application requested additional
evidence in the case. The first request for evidence sought evidence of Sr. Beatriz’s
qualifications for the position. The second requested proof that she had made final
vows. The Service Center denied the application citing both Canon Law and the
Department of State’s Foreign Affairs Manual to the effect that she had not become finally
professed in the community and had not made a life-long commitment in her religious
vocation.
Despite the Division attorney’s arguments that: 1) Sr. Beatriz was not seeking to qualify in
a religious occupation but in a religious vocation; 2) annually renewed vows were part of
the community’s particular law; 3) Canon Law allowed for this type of commitment among
certain religious institutes; and 4) neither the language of the statute or the regulations
required final vows, the Service Center denied the I-360. The Division attorney filed an
appeal with brief to the Administrative Appeals Office (AAO) in Washington, DC. In
addition to her legal representation, she also contacted the offices of Congressional
representatives in the district and state where the religious institute was located, the
American Immigration Lawyers Association, and the Office of General Counsel at the
United States Conference of Catholic Bishops (USCCB). She prepared summaries of the
case and talking points about the statute, the regulations, and their application in Sr.
Beatriz’s case.
The Division, with USCCB’s Office of General Counsel, was able to obtain the intervention
of the Honorable Lamar Smith, one of the original sponsors of the religious worker
legislation -- and, coincidentally, the representative of the district in which the religious
institute was located! The AAO reviewed the record and the evidence and ordered the
Service Center’s denial withdrawn, the appeal sustained, and the I-360 approved. Sr.
Beatriz was then able to continue the process for the green card. Thanks to the efforts
of attorneys, Congressional staffers, Congressional representatives, and nonprofit
organizations, Sr. Beatriz today is a lawful permanent resident of the United States!
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
(202) 635-5810
This morning I [was informed that Father's] visa was approved
[at the consulate in Chennai]. Thank you for the work that you
did in getting us through this. You have a great batting
average when it comes to working with our clergy and
seminarians. We really appreciate your work and your
commitment to helping us.
Br. Matthew Cunningham, Diocese of Reno
[at the consulate in Chennai]. Thank you for the work that you
did in getting us through this. You have a great batting
average when it comes to working with our clergy and
seminarians. We really appreciate your work and your
commitment to helping us.
Br. Matthew Cunningham, Diocese of Reno
It takes a village…
Sr. Beatriz entered her recently
established religious institute in
1997, making vows in 1999. Since
the community was relatively new,
the local Bishop suggested that the
members consider renewing their
vows on an annual basis. Then
later, once they were more
established, they could begin making
first and final vows. After acquiring
the requisite two years experience
as a vowed religious, the community
sought the Division’s assistance in
filing the special immigrant religious
worker application (I-360), the first
step toward the green card, for Sr.
Beatriz.
Sr. Beatriz entered her recently
established religious institute in
1997, making vows in 1999. Since
the community was relatively new,
the local Bishop suggested that the
members consider renewing their
vows on an annual basis. Then
later, once they were more
established, they could begin making
first and final vows. After acquiring
the requisite two years experience
as a vowed religious, the community
sought the Division’s assistance in
filing the special immigrant religious
worker application (I-360), the first
step toward the green card, for Sr.
Beatriz.
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