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Wheatley Immigration Law LLC Appellate Decisions

Department of Homeland Security

In this case, the USCIS denied the petition for special immigrant religious worker by a church member of the Christian & Missionary Alliance because it decided the religious worker was only a “trainee.” The religious worker was provisionally licensed to minister on an annual basis, and not yet ordained. The Administrative Appeals office sustained the appeal, holding that the position met the definition of a minister according to the Immigration and Nationality Act, the USCIS could not require ordination, and the religious worker was qualified for the position according to denominational standards.

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