The R-1 visa is one of the easier routes to gaining a religious visa, but it does have pitfalls that can occur during the application process. In this blog we will discuss three common pitfalls in the R-1 visa process to help you prepare accordingly.
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The first common pitfall about an R-1 visa is the beneficiaries maintenance of status. A beneficiary, or someone who has a visa petition filed on their behalf, who may have entered into the United States on a different status than the R-1 visa, may suffer some consequences if they fail to change their status promptly. For instance, if a beneficiary were to enter the United States on a B-2 visitor status and then change their status to that of the R-1 status, the must be careful not to engage in work regarding the petitioning organization while still in B-2 status.
A secondary pitfall that comes along with an R-1 visa would be the duration of stay. To clarify, the R-1 visa or a religious visa is a temporary visa. A stay of up to 30 months can be granted during the initial period of admission. Following the 30 months, visa holders can apply for an extension for up to an additional 30 months. However, a visa holders total period of stay cannot exceed 5 years or 60 months. If the R-1 holder would like to return to the United States after spending 5 years here, they must reside outside of the country for 1 year before returning.
Finally, the last pitfall regarding the R-1 visas would be site inspections. The USCIS (Unites States Citizenship and Immigration Services) is authorized to perform site visits regarding the R-1 nonimmigrant petitions pre-approval and post-approval. Be aware that if a pre-approval inspection occurs, a successful completion of the interview with be factored into a petition's approval. These inspections are frequently unannounced, so be prepared to display the information that was provided in the R-1 petition and to ensure its accuracy.
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Navigating the complexities of U.S. immigration law can be challenging. As an experienced immigration attorney, I’m here to help you make the best decision for your situation. Whether you’re considering an R-1 or another immigration matter, I can guide you through the process.
If you’re ready to take the next step, contact me today for a consultation. Let’s work together to bring your religious mission to the U.S. and achieve your immigration goals.
To schedule an appointment, call 321-325-1125 or text 321-204-7718.
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