Religious Workers Granted Temporary Relief

The U.S. District Court for the Western District of Washington has certified a class action lawsuit on behalf of religious workers who are waiting to submit their applications for permanent residence while USCIS delays preliminary processing. The court has issued a preliminary injunction that class members will not accrue unlawful presence or unauthorized employment while the lawsuit proceeds.

Applicants covered by the class action include “all individuals currently in the United States who are beneficiaries of a Petition for Special Immigrant (Religious Worker) (Form I-360) that has been filed or will be filed, and who were or would be eligible to file an Application for Adjustment of Status (Form I-485) but for CIS’s policy codified at 8 C.F.R. § 245.2(a)(2)(i)(B) that the Form I-360 petition must be approved before the Form I-485 application can be filed.”

U.S. District Judge Robert S. Lasnik found in favor of the religious worker plaintiff's claim that USCIS processing delays are causing irreparable harm:

The Court is hard-pressed to imagine a more traumatic and irreparable harm than being uprooted from your job, home, and community for an undetermined length of time. By maintaining the status of each class member as it currently exists, the Court will have the opportunity to determine whether defendants’ policy against concurrent filings is lawful without risking irreparable (and potentially unjustified) harm to the class members. The Court finds that halting the accrual of unlawful presence time and/or unauthorized employment for all class members during the pendency of this litigation will continue the status quo ante litem, will prevent irreparable harm to class members and their families, and will not cause defendants any undue hardship.

Help with Religious Worker Petitions

D.Ray Mantle assists religious workers, denominations, and affiliated organizations in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final applications meet all government requirements.

If you would like to understand more about the application process and to find out if you qualify for immigration benefits as a religious worker, please contact D.Ray Mantle for a consultation.