Archives for July 2009

US Court Orders USCIS to Accept Concurrently Filed Religious Worker I-360 and I-485



Some good news has come to religious workers who intend on filing an I-485.

In a United States District Court decision out of the state of Washington, the court in RUIZ-DIAZ v. UNITED STATES OF AMERICA, ruled that a Petitioner who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with the USCIS on behalf of an individual beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if the beneficiary seeks employment status, may also file an Application for Employment Authorization (Form I-765) even if USCIS has not yet decided on the I- 360 petition.

Previously, the I-360 had to be adjudicated before the I-485 and I-765 could be filed.


The Court has struck down USCIS’ policy against concurrent filings as an unreasonable
interpretation of the applicable statute. In an order dated June 11, 2009, the USCIS is now required to accept as properly filed the I-485 and I-765 from individuals who are beneficiaries of a petition for special immigrant status,
whether submitted concurrently with or subsequent to the visa petition. 


Please keep in mind that this decision may be subject to review in the United States Court of Appeals. But for now this is a victory to the applicants filing under this category.

If you have any questions about religious worker visas, please call my office at 616-233-9300 to schedule an appointment.

Share
Translate »