Q & A from readers

This week let us talk about a few questions our readers have asked regarding some of their immigration concerns.

Q1: I arrived in the US as a beneficiary of a religious visa petition. My petitioner, a religious organization assigned me to assist in the preparation of books, pamphlets, and other materials used in evangelization and propagation of our beliefs.

While I was still living in the Philippines, I finished a caregiving course and had a couple of years working as a nursing aide up until I joined this religious organization. Now, knowing my background as a health worker, my religious organization is asking me if I can work for them as a health aide in taking care of the sick and old members and leaders of the organization. Personally I am interested of their offer but I am not sure if I can do that.

A1: I understand your interest in working as a health aide due to practical and financial reasons. I do not know if you are given a stipend by your religious organization for being their worker but I imagine you are not receiving what a health aide is getting paid. However, you cannot switch from being a holder of religious visa to an employment worker even on a temporary basis. You have to be petitioned by an employer and change your status. More importantly, you cannot work as a health aide under a religious worker visa unless your organization has a mission in line with healthcare and you were petitioned for it. If not, you cannot be hired as a health aide taking care of the elder members and leaders of your religious community because being a health aide is not in furtherance of the mission of the organization. Another reason why you cannot work as a health aide is there is no visa category for this line of work. This job does not require a bachelor’s degree as a qualification for a skilled occupation similar to that of H1 temporary work visas nor is it seasonal or agricultural under the H2 program.

Q2: I am presently living in the Philippines while my fiancée is in the US. He is a greencard holder and is not expected to be naturalized until three years from now. We are also a same-sex couple. Can he petition me under a fiancée visa?

A2: A K1 visa petition is filed by a US citizen. If your fiancée is still a greencard holder, he has to get naturalized first before he can file the petition for you. Being in a same-sex relationship is not a disqualification for the petition.

Q3: Follow up to Q2: Can we just get married so that he can petition for me which I think is faster than having to wait until he is naturalized?

A3: First of all, you get married not for the purpose of getting an immigration benefit. You marry for love not for convenience. Philippines doesn’t recognize same-sex marriages. So you may have to go to another country to get married. You have to make sure that you follow their rules and requirements and that the marriage is valid where it is celebrated. In that way, the US will give full faith and recognition to your marriage that was validly celebrated elsewhere. You may be petitioned then if all other qualifications are present. Good luck!

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It has been almost a year now that Mr. Biden is in office. So far, there has been no bold immigration action that has been taken place. All we heard are proposals, agenda, and promises that immigration reform is in the offing. With both legislative chambers under Democratic control, one would think we would have historical achievements by now in terms of immigration. Alas, so far it has been a monumental disappointment. Even the Democrats themselves are in a quandary on how to go about it. They cannot even agree among their caucus on how to pass the much-needed infrastructure bill, spending bill, and other important initiatives. Right now, there is a deadlock between the progressive liberals and the moderate wing of the Democratic Party. While these intraparty squabbles ripping them apart, the Republican Party is just as giddy and happy to let the two opposing groups fight each other. In the meantime, Americans are out of work, immigrant families are still separated and people are still infected with COVID-19 or are still suffering financially and physically because of the pandemic.

It’s time for Congress, more specifically the Democrats, to get their priorities aligned and to answer the needs of this country.