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Special Immigrant Status for Pastor Upheld

Federal regulation conditioning issuance of special immigration status ruled invalid.

New Jersey
Key point 3-10. Religious workers are eligible for special status under immigration law if several conditions are satisfied.

A federal district court in New Jersey ruled that a federal regulation conditioning the issuance of special immigrant status on persons who have worked in the United States for the previous two years under lawful immigrant status was invalid because the immigration statute did not require that the work be performed under lawful status. In 1995, a Brazilian couple and their two children entered the United States on a B-2 nonimmigrant visitor's visa for pleasure. The visa allowed the family to stay in the United States for six months. However, the family could not lawfully engage in employment under the B-2 visa in the United States. A United States Citizenship and Immigration Services (USCIS) regulation prohibiting employment for B-2 nonimmigrant visitor visa holders ...

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  • April 30, 2014

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