On October 13, 2010, the U.S. Court of Appeals for the Ninth Circuit issued a mandate overturning the permanent injunction ordered by the U.S. District Court for the Western District of Washington allowing special immigrant religious workers to file their Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the organizations' Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. Aug. 20, 2010). What this means for Religious Workers going forward is that jointly filed I-360; Petitions and I-485 Applications all must be into the United States Citizenship & Immigration Service on or before November 7, 2010. Any joint filed petitions/application received on November 8, 2010 or after will be rejected.
Many Religious workers will be adversely affected by this ruling, and must now scramble to have their organization file the petition and application in six days, ensure that their non-immigrant status will somehow be maintained, or depart the country if they cannot maintain non-immigrant status until their I-360 petition is approved and immigrant visa process through the United States Consulate abroad. For more information on this ruling, see: http://aila.org/content/default.aspx?docid=33492
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