Religious Visa

[Peterygrace 0]

My sister-in-law works for a non-profit that is a 501(c)3 in the US but operates in Ecuador. We have invited her here to the US and would like to apply for a religious visa exemption. Her purpose in the states would be to volunteer/work at schools and daycares to grow in her knowledge and ultimately be able to better serve the nonprofit. She currently has a 10-year tourist visa. We were told to invite her here for 3-4 months, then apply for the religious visa. The nonprofit would be the sponsoring organization, but since she would be volunteering, she would not technically work here or for the organization. Is this possible? Can anyone provide any guidance/assistance on how best to achieve this? She is also the sister of my wife so we could apply for her green card but she can't wait here while it is processed so we prefer the religious visa.

[Family 4,025]

Are you getting advice from the US headquarters of her overseas  Church ? …or other sources?
 

Are they telling her to enter on her B2 visit visa and once in the US ask for a Religious Visa or as for some sort of “ exemption “….?

 

R-1 does not sound suitable if her role is in schools/ education.

[Boiler 45,670]

R1 is the religious visa but I do not understand the terminology or how this is a Religious thing.

 

How is she funding her stay, obviously 3 or 4 months in the US volunteering is not cheap. I realise NGO's can pay well but local staff?

[Family 4,025]

..Maybe they are talking about doing volunteer work with the B-1  or VWP ..so if she has a B-1/B-2 she could disclose this entry as such at CBP , show the term of volunteer details and proposed resources for room and board w OP.

 

https://studentportal.gu.se/digitalAssets/1609/1609733_b1-visa-volunteering-in-the-us.pdf

 

Getting a U.S. Visa (B-1) to Do Volunteer Work

[Boiler 45,670]

It sounded more like an Internship, perhaps she is independently wealthy?

[Redro 4,611]

1 hour ago, Peterygrace said:

My sister-in-law works for a non-profit that is a 501(c)3 in the US but operates in Ecuador. We have invited her here to the US and would like to apply for a religious visa exemption. Her purpose in the states would be to volunteer/work at schools and daycares to grow in her knowledge and ultimately be able to better serve the nonprofit. She currently has a 10-year tourist visa. We were told to invite her here for 3-4 months, then apply for the religious visa. The nonprofit would be the sponsoring organization, but since she would be volunteering, she would not technically work here or for the organization. Is this possible? Can anyone provide any guidance/assistance on how best to achieve this? She is also the sister of my wife so we could apply for her green card but she can't wait here while it is processed so we prefer the religious visa.

If your sister already has a B1/B2 she doesn’t require an invitation to come back to the US. She is free to return as a visitor and when she arrives to US she will tell CBP the purpose of her visit… seeing her sister and brother in law I assume… 

The question is… how long does she actually want to stay in the US? Does she want to stay for 3-4 months before deciding if she wants to volunteer for the organization and then changing status? Does she have a B1/B2 and she plans on having meetings with the US branch of the non profit to understand how to better serve those in Ecuador… OR is she planning on coming to the US, changing status and trying to stay and “volunteer” for the organization while she waits for her visa to be current? 

[SalishSea 17,928]

2 hours ago, Peterygrace said:

My sister-in-law works for a non-profit that is a 501(c)3 in the US but operates in Ecuador. We have invited her here to the US and would like to apply for a religious visa exemption. Her purpose in the states would be to volunteer/work at schools and daycares to grow in her knowledge and ultimately be able to better serve the nonprofit. She currently has a 10-year tourist visa. We were told to invite her here for 3-4 months, then apply for the religious visa. The nonprofit would be the sponsoring organization, but since she would be volunteering, she would not technically work here or for the organization. Is this possible? Can anyone provide any guidance/assistance on how best to achieve this? She is also the sister of my wife so we could apply for her green card but she can't wait here while it is processed so we prefer the religious visa.

US visas are not given in the US.  R visas are not easy to obtain, as there is a significant history of fraud.

 

You don't need to "invite" her to use her B visa.  Nor is there any type of sponsorship from you or any 'sponsoring organization.'

 

She can visit the US, but she cannot adjust status while here.  Just do the right thing and petition her for a sibling visa, which is the only legal path she has.

 

Also- is there a reason why you posted this in the Waiver/601 section?  

Edited June 13, 2023 by SalishSea

[Vegas i-751 66]

3 hours ago, Peterygrace said:

My sister-in-law works for a non-profit that is a 501(c)3 in the US but operates in Ecuador. We have invited her here to the US and would like to apply for a religious visa exemption. Her purpose in the states would be to volunteer/work at schools and daycares to grow in her knowledge and ultimately be able to better serve the nonprofit. She currently has a 10-year tourist visa. We were told to invite her here for 3-4 months, then apply for the religious visa. The nonprofit would be the sponsoring organization, but since she would be volunteering, she would not technically work here or for the organization. Is this possible? Can anyone provide any guidance/assistance on how best to achieve this? She is also the sister of my wife so we could apply for her green card but she can't wait here while it is processed so we prefer the religious visa.

Do the right thing and ask your wife to apply for a sibling visa. This idea is moot and won’t fly at CBP.

[YecaCruz 379]

it wouldn't be her that files the petition, but the church or religious organization that would be sponsoring her from the states. However, you mentioned that she is not going to be working with/for the organization state-side which defeats the purpose of a religious organization petitioning or sponsoring her. She would have to demonstrate proof of self-support as part of an established missionary program or proof from the organization on how it will compensate, denominational membership, and evidence regarding her prospective position according to USCIS website.

 

This is not an option for her based on what you've shared.

 R-1 Nonimmigrant Religious Workers | USCIS

 

 

[JeanneAdil 6,561]

it is fraud to come to the US with intent (as u mentioned ) to adjust status and stay

 

she needs the R-1 as she is not allowed to work/volunteer on a tourist visa

[Boiler 45,670]

Nothing has been said that suggests a R visa would be appropriate.

[Chancy 6,241]

*** Moved from Waivers forum to Work Visas forum, where R1 (religious worker) visa cases are discussed ***