John Valdez’s Legal Blog

Ruiz-Diaz v. United States of America (”Ruiz”) was a very good decision for religious workers because it put them on equal status with other visa holders seeking permanent residence.  In the past, while most applicants in the U.S. seeking green cards could file an immigrant petition along with an application for adjustment of status (AOS application), religious workers were deprived of this benefit.  The filing of the two applications together has come to be known as “concurrent filing.”

Instead of being allowed to file concurrent applications, religious workers needed to wait for the approval of their immigrant visa petition before they could file the AOS application.  This restriction put them at a distinct disadvantage, since the immigrant visa petition alone did not allow them to seek separate employment authorization, travel permission, or an independent basis to maintain lawful status; all advantages that come with the filing of an AOS application.

The Ruiz Court found that the USCIS’ bar against concurrent filing for religious workers was an unreasonable interpretation of the applicable statute.  It ordered the government to accept religious worker concurrent filings.  Moreover, the Court ruled that religious workers whose AOS applications and/or work authorization applications were rejected by the USCIS can reapply and are entitled to have their applications processed as though they had been submitted on the original date they attempted to initially file.  No unlawful presence, unlawful status, or unauthorized employment could be attributed to these workers in most cases.    

If you have any questions about the religious worker category, please contact a Long Beach immigration attorney at 562-590-7300 or email us at jvaldez@gargandassociates.com.