R-1 visa holders can apply for a Green Card (permanent residency) in the U.S., although the process has specific steps and requirements. While the R-1 visa is not considered a dual intent visa, R-1 visa holders are still eligible to pursue a Green Card through employment-based or family-based petitions. Below is a detailed guide on how R-1 visa holders can transition to permanent residency in the U.S.
Visa Sponsorship & Remote Jobs Free Training.
Pathways to a Green Card for R-1 Visa Holders
- Employment-Based Green Card (EB-4 Category):
- R-1 visa holders who are religious workers can apply for a Green Card through the Employment-Based Fourth Preference (EB-4) category. This category is specifically for “special immigrants,” including religious workers.
- Both ministers and non-ministers (such as religious instructors or those in a religious vocation) may qualify for this type of Green Card.
Happy Face Academy Soft Tech Free Training.
Steps to Apply for a Green Card (EB-4 Religious Worker):
- Employer Files Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant):
- The sponsoring religious organization must file Form I-360 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the R-1 visa holder.
- The petition must include evidence that the applicant has been employed in a religious capacity for at least two years before the petition and will continue to work in a full-time religious position after obtaining permanent residency.
- Approval of Form I-360:
- Once USCIS approves Form I-360, the next steps will depend on the visa holder’s current status and location (inside or outside the U.S.).
- Adjustment of Status (Form I-485) or Consular Processing:
- If the R-1 visa holder is inside the U.S., they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to change their status from R-1 to a Green Card holder. This process can be done concurrently with or after the approval of Form I-360.
- If the visa holder is outside the U.S., they must undergo consular processing through a U.S. embassy or consulate in their home country.
- Biometrics and Interview:
- As part of the Green Card process, applicants will likely need to attend a biometrics appointment (for fingerprinting and background checks) and possibly an interview with USCIS.
- Receive the Green Card:
- If the application is approved, the R-1 visa holder will receive their Green Card, granting them lawful permanent residency in the U.S.
Happy Face Academy Premium Subscribers
Family-Based Green Card:
- R-1 visa holders can also apply for a Green Card through family sponsorship, provided they have an immediate relative (such as a U.S. citizen spouse, child, or parent) who is willing to petition for them. The process involves the U.S. citizen relative filing Form I-130 (Petition for Alien Relative) and the applicant adjusting status or going through consular processing.
Key Considerations for Transitioning from R-1 Visa to Green Card:
- Maintaining R-1 Status:
- Until the Green Card is granted, R-1 visa holders must continue working for their sponsoring religious organization and maintain their R-1 visa status. Failure to comply with the visa requirements could negatively impact the Green Card application.
- Dual Intent Considerations:
- Although the R-1 visa is not a dual intent visa, USCIS does allow R-1 visa holders to pursue permanent residency. The R-1 visa holder must still demonstrate non-immigrant intent when entering the U.S. or renewing their visa, even if they are applying for a Green Card.
- Processing Times:
- The processing time for an EB-4 Green Card varies depending on factors like visa availability (as EB-4 visas are subject to annual quotas) and the applicant’s country of origin.
- Dependents:
- R-2 visa holders (dependents of R-1 visa holders) may also apply for Green Cards as derivative beneficiaries. They must be included in the Green Card petition, and their status will be tied to the approval of the principal R-1 visa holder’s Green Card application.
R-1 visa holders can transition to permanent residency through the EB-4 category for religious workers or other family-based petitions. The process involves the religious organization filing a petition, followed by the visa holder applying for an adjustment of status or consular processing. While the R-1 visa is not a dual intent visa, it is possible to pursue a Green Card while maintaining R-1 status.
