The officer who rules on the application should review the application to make sure it’s complete and that the documentation verifies that the applicant is eligible. The file should include:
- Evidence of the approved Form I-360
- A denominational certification for religious organizations that are affiliated with a religious denomination.
The adjudicating officer:
- May submit a Request for Evidence – if documentation/evidence is missing
- Should confirm that there was a satisfactory USCIS site visit
- Should review the duties the special immigrant religious worker will perform to ensure the applicant is “properly classified as a minister or other religious worker based on the underlying petition.”
- Should review whether the applicant is not a minster but is a religious worker. In this case, the adjudicating officer will need to check that the adjudication adjustment can be done – before the applicable sunset date
“The officer must schedule the applicant for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
- The officer cannot make a decision based on the evidence of record – or
- The applicant does not meet the criteria for an interview waiver.
The applicant becomes a Lawful Permanent Resident as of the date the adjustment application is approved.
In cases of denial, the adjudicating officer must set forth the reason(s) for the denial in writing. If the petition is denied, the petitioner can, with the help of a skilled immigration lawyer – “file a motion to reopen or reconsider.”