United States immigration law uses an annual limitation on the number of most permanent admittees, that is, immigrants, who may enter the country. Central to the U.S. immigration system is the use of a preference system to allocate the available visas. One of the predominant types of visas issued to permanent immigrants is known as an employment-based visa. Within that classification, five priority levels are established. The fourth level is for religious workers who wish to immigrate to the U.S. to work for nonprofit religious organizations.

An alien seeking permanent admission to the United States as a religious worker must show both that the organization for which he or she will work is nonprofit and that his or her work meets the criteria for an EB-4 visa.

Who Qualifies as a Special Immigrant Religious Worker?

To qualify for an EB-4 visa, an alien must meet certain requirements relating to the nature of his or her religious denomination, the length of time for which he or she has been a member of the denomination, and the type of work he or she will do in the U.S. The denomination must have a U.S. nonprofit religious organization, and the alien must have been a member of the denomination for at least two years. Additionally, the work the alien plans to do in the U.S. must meet one of three criteria: (1) work as a minister or priest; (2) work for the organization in a position that requires at least a baccalaureate-level degree; or (3) work for the organization or its nonprofit affiliate in a religious vocation or occupation, such as missionary work.

How Do I Apply for an EB-4 Visa?

To apply, either the alien or his or her prospective employer must file a petition for a special worker with the office of U.S. Citizenship and Immigration Services (USCIS) that serves the area in which the work will be performed. In addition to the petition, two basic showings must be made. First, documentation must be submitted that establishes the nonprofit nature of the organization. Second, documentation must be submitted, in the form of a letter from an official of the organization, that establishes the alien's eligibility for an EB-4 special immigrant visa.

The letter must show both that the alien has been a member of and has had experience in his or her religious occupation that has lasted at least two years. Additionally, if the alien plans to work as a minister, the letter must specify the religious duties the alien is authorized to perform. Similarly, if the alien plans to work as a professional, the letter must establish that a degree was received and an official academic record must be submitted, as well.

Depending upon the capacity in which the alien will work, the letter may also be required to establish the alien's qualifications to work in that capacity, the relationship between the religious organization and the religious denomination, and the nature of the work the alien will perform. The letter may also be required to show that the alien will need to supplement his or her income with another job and that charity funds will not be accepted.

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Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.

Many documents are filed with the United States Citizenship and Immigration Services (CIS), typically to gain immigration benefits. Because of these benefits, document fraud has become an increasing problem in U.S. immigration law. For that reason, knowingly submitting false documents and other related acts has been made unlawful. The statute governing document fraud is quite broad, and a specific procedure is in place to process allegations of document fraud.

Document Fraud Prohibitions

U.S. law prohibits six distinct acts of document fraud relating to immigration. First, one may not knowingly forge or counterfeit documents. This prohibition extends to altering documents, as well. Similarly, the knowing use or receipt of false documents, such as an employer's receipt of a forged document, is made illegal under the second prohibition. Third, one may not use an immigration document that was issued to someone else. In turn, it is also unlawful for one to use or receive documents issued to someone else. Fifth, it is unlawful to knowingly prepare or to help someone prepare a false document. Finally, one may not present a document relating to an alien's admissibility to a carrier but later fail to present that document to the inspecting immigration officer upon arrival at a U.S. port-of-entry. Committing any of these acts subjects an individual to a charge of document fraud.

Complaint Procedure

Investigations of document fraud can be initiated based on a third-party complaint or on CIS initiative. One who wishes to file a third-party complaint cannot do so anonymously. Instead, he or she must provide some detail in the complaint, including his or her identity and address, as well as the identity and address of the individual that allegedly committed fraud. The facts upon which the allegations of fraud rest must also be detailed, including the date and time, as well as the act that was allegedly fraudulent. Not all third-party complaints are investigated by the CIS, however. Instead, only those with a substantial probability of validity are pursued. The CIS may also initiate an investigation without having received a third-party complaint.

If the results of an investigation indicate that document fraud has been committed, CIS issues a notice of its intent to fine the violator. This notice details the alleged offense, including information such as the facts underlying the charge and the proposed penalty. The notice must also tell the recipient about his or her rights, such as the right to retain counsel and the right to timely request a hearing, and it must tell the person that any statements made may be used against him or her. A hearing before an administrative law judge (ALJ) may be requested within 60 days. If no hearing is requested in that time, CIS issues a final order requiring payment.

If a hearing is requested, CIS files the complaint with the Chief Administrative Hearing Officer, who sends a copy to the alleged offender and sets a hearing date. The alleged offender has the right to file an answer to the complaint, which admits or denies the allegations. If no answer is filed, the alleged offender waives his or her right to dispute the accuracy of the complaint, as well as the right to appear before the ALJ. After the hearing is over and a transcript is filed, an ALJ has 60 days to make a decision regarding whether document fraud was committed.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.

Ethical misconduct by an immigration attorney may subject him or her to a variety of serious sanctions, not only in traditional disciplinary proceedings, but also through the use of judicial sanctions and potential criminal proceedings. In either case, much is at stake, including the attorney's reputation, finances, and ability to earn a livelihood.

Judicial Sanctions

Attorneys can receive judicial sanctions from courts in one of two ways: (1) the imposition of sanctions based on recommendations from a bar disciplinary group, such as a state bar association; and (2) the imposition of sanctions by courts sua sponte, which means on the courts' own initiative, for the violation of judicial processes or court orders. Sanctions can range from informal reprimands and fines to suspension or termination of licenses to practice law. If sanctions involve any type of restriction on an attorney's ability to practice law, he or she will not be able to practice in immigration proceedings. Attorneys are only eligible to practice in immigration proceedings if they are licensed and in good standing.

Criminal Prosecutions

Criminal prosecutions against immigration attorneys may also drastically affect an attorney's ability to practice law. Fortunately, prosecutions tend to result from the same types of offenses, allowing a prudent practitioner to avoid most prosecutions through careful actions.

Three of the most common ethics violations triggering criminal prosecutions of immigration attorneys are sham marriages, labor certifications containing false statements, and other documents and applications containing false statements. Under United States laws, marriage to a U.S. citizen carries many immigration benefits. For instance, a U.S. citizen spouse may file a petition requesting an immigrant visa for his or her alien spouse to immigrate permanently to the U.S. In addition, an alien whose spouse is a U.S. citizen may be eligible for a nonimmigrant spousal visa. This visa is particularly helpful to spouses who wish to live in the U.S. while they wait for their permanent immigrant visas to be issued. Attorneys representing individuals involved in petitioning for these benefits should satisfy themselves that the underlying marriages are legitimate because attorneys have been criminally prosecuted for knowingly using sham marriages.

A second common violation involved in many criminal prosecutions is the use of false information on labor certification applications. Like marriage to a U.S. citizen, U.S. employment carries with it many immigration benefits. For example, at least two of the employment-based immigrant visa categories typically require a Department of Labor certification before lawful permanent resident status may be awarded. These visa categories include aliens with advanced degrees, aliens with exceptional abilities, physicians who will work in underserved areas, skilled workers, and professionals. Misstatements are sometimes made in applications for labor certifications because of the significant immigration benefits that can be obtained. If an immigration attorney knowingly submits applications containing false application, criminal prosecution may follow.

The third type of ethical violation committed in immigration proceedings that commonly results in criminal prosecutions is the submission of applications or documents with false information. As with labor certification applications containing false information, attorneys who knowingly prepare or submit other documents containing false information are subject to prosecution, with potentially devastating professional and financial consequences.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.

Parole is a procedure whereby an inadmissible alien is permitted to enter the United States for a temporary period due to some type of emergency situation. Humanitarian parole is authorized by § 212 of the Immigration and Naturalization Act (INA), which gives discretionary authority to the Secretary of the Department of Homeland Security (DHS) to parole aliens into the United States on a case-by-case basis for "urgent humanitarian reasons" or "significant public benefit." Humanitarian parole is only available to aliens who are outside the United States.

Parole of an alien on the basis of humanitarian reasons is not the same as admission to the United States. While admission occurs when an alien meets the criteria for admissibility into the United States and then is permitted to enter, parole is only a temporary grant of entry to an alien who may not meet the criteria for admission. Once the Secretary of DHS determines that parole is no longer necessary, the alien must be return to the place or agency from which he was paroled. At that point, the alien may apply for admission. One reason for humanitarian parole would include an emergency medical treatment that could be best treated in the United States.

An alien who is a refugee should generally not be paroled into the United States but rather should be admitted as a refugee. The Secretary may, however, in certain circumstances determine that there are compelling reasons to parole the particular individual instead of admitting him or her as a refugee.

The procedure for securing humanitarian parole is to apply to DHS. An Application for Travel Document must be filed along with an Affidavit of Support (a document detailing the support a sponsor will provide for the alien after his or her parole into the United States). Both of these documents are U.S. Customs and Immigration Services forms. The application for parole may be made by the alien (the prospective parolee), a relative, an attorney, or any other interested individual or organization. The application must include detailed information on the prospective parolee as well as information on his or her prospective sponsor. The application must specify the length of time for which parole is requested, and it must include a statement about why a visa could not be obtained instead of humanitarian parole.

If humanitarian parole is granted, a time period is set for expiration of the parole. Parole situations have a maximum time limit of one year. If humanitarian parole is denied, there is no statutory right to appeal. Reconsideration of the application may be made, however, if the alien starts over with a new application for parole.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.