Immigration Law Associates, PC


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A three judge panel of the Ninth Circuit court ruled, on August 20, 2010, that religious workers will not be allowed to apply at the same time for a special immigrant petition to stay in the United States and for their adjustment of status, as reported by the American Immigration Lawyers Association.    In so doing the Ninth Circuit reversed and remanded the district court decision allowing religious workers to file concurrent applications thus saving much time to the applicant as well as the religious organization.

The injunction ordering USCIS to accept concurrent filing was vacated but will not take effect until the mandate around October 11, 2010.  Thus, the Ninth Circuit decision will overturn the Ruiz-Diaz v. USA case, in which the court previously ruled that religious workers could fill their I-360 and their I-485 petitions at the same time. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. Aug. 20, 2010).

Those who desire to submit both applications at the same time should do so immediately and well before October 11, 2010, when the court’s decision becomes effective.   Concurrent applications can be filed directly with Phoenix or Dallas Lockbox depending on residence.

We at Beach-Oswald Immigration Law firm can help religious workers and their employees if they are experiencing difficulty obtaining a decision on their case. Contact us Toll-Free at (877) 526-8540 or at 202 331-3074

Filed under: Immigration Issues

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