Redeemed Christian Church of God v. U.S. Citizenship & Immigration Servs.
| Decision Date | 13 May 2015 |
| Docket Number | Civil Action No. H–13–2170. |
| Citation | 107 F.Supp.3d 730 |
| Parties | The REDEEMED CHRISTIAN CHURCH OF GOD and Joel Onyema Uzoma, Plaintiffs, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant. |
| Court | U.S. District Court — Southern District of Texas |
Olusegun Isiaka Asekun, Attorney at Law, Arlington, TX, for Plaintiffs.
Adam Laurence Goldman, Department of Justice, Houston, TX, for Defendant.
The Redeemed Christian Church of God and Joel Onyema Uzoma challenge the denial of an I–360 Petition that the Redeemed Christian Church filed on Uzoma's behalf. They also challenge the denial of their motion to reopen the case. The defendant, the United States Citizenship and Immigration Services ("USCIS"), moved for summary judgment. (Docket Entry No. 50). The plaintiffs responded and cross-moved for summary judgment, and the USCIS responded. (Docket Entry Nos. 52, 53).
Based on the pleadings, the motions and responses, the record, and the applicable law, the court dismisses Uzoma's claims for lack of standing, denies the USCIS's motion for summary judgment, and grants the Redeemed Christian Church's motion for summary judgment in part. The case is remanded to the USCIS for further investigation and explanation of the evidence the Redeemed Christian Church submitted in the agency proceedings, including in the motion to reopen, so that the USCIS may consider all the evidence submitted, including the testimonial evidence, make credibility and reliability decisions, and make the appropriate rulings on the relief sought.
The reasons for this ruling are explained below.
A. I–360 Petitions
To obtain an immigrant religious-worker visa, the worker's employer must file a Form I–360. 8 C.F.R. § 204.5(m). An I–360 immigrant visa is a "special immigrant religious worker" visa available to ministers and other religious workers operating in either a professional or nonprofessional capacity in a religious vocation or occupation, as defined in 8 U.S.C. § 1101(a)(27)(C). See also 8 C.F.R. § 204.5(m)(2).
The I–360 Petition the Church filed on Uzoma's behalf invokes 8 U.S.C. § 1101(a)(27)(C), which defines "special immigrant" as follows:
8 U.S.C. § 1101(a)(27)(C)(ii).
The visa process for a special-immigrant worker begins when a religious organization files an I–360 Petition on the intended religious worker's behalf. The USCIS reviews the Petition. If the Petition is approved, the beneficiary may apply for a visa either from abroad or, if already in the United States, for adjustment of status to that of lawful permanent resident. Id.
The regulations under the INA specify the information the religious employer must provide in its I–360 Petition to show the alien's eligibility for classification as a special immigrant religious worker. 8 C.F.R. § 204.5(a), (m). The following requirements apply:
The "petitioning organization"—the religious employer—must certify in the petition that it is a "bona fide non-profit religious organization" or affiliate; that "the alien has worked as a religious worker for the two years immediately preceding the filing of the application and is otherwise qualified for the position offered"; and that "the alien has been a member of the denomination for at least two years immediately preceding the filing of the application." 8 C.F.R. § 204.5(m)(7). The employer must also certify that "the alien will not engage in secular employment." Id. The employer must file evidence showing that it is a religious denomination or affiliated with one and that the employee is religiously qualified. The employer must also file evidence of the religious employee's compensation and prior employment. See 8 C.F.R. § 204.5(m)(8)-(12).
A religious-entity employer may obtain an R–1 nonimmigrant visa for a religious worker to come to the United States temporarily. While the religious worker is in the United States, the employer may file an I–360 Petition seeking a special immigrant visa on the worker's behalf. If granted, the visa provides the basis for the worker to obtain an adjustment of status to lawful permanent resident. That is what the Redeemed Christian Church unsuccessfully tried to do for Uzoma here.
The Redeemed Christian Church is a religious entity incorporated in Texas in December 2003. It obtained tax-exempt status under § 501(c)(3) of the Internal Revenue Code in June 2004. The Redeemed Christian Church filed an I–129 Petition to have Joel Uzoma, a Nigerian citizen, admitted into the United States as a nonimmigrant religious worker. Uzoma entered the United States on October 14, 2003 as a nonimmigrant visitor. (Certified Administrative Record ("CAR") 118, 719). Uzoma's wife and son had entered seven days earlier, also as nonimmigrant visitors. (Id. ).
In November 2003, the USCIS approved the I–129 Petition for Uzoma and related Petitions for Uzoma's wife and son. (CAR 118–19, 719). Their admission statuses expired in November 2006. (CAR 719, 747). The Redeemed Christian Church then filed an I–360 Petition on Uzoma's behalf in April 2006, seeking to have him classified as a special immigrant religious worker. (CAR 719, 721). The Petition listed Uzoma's wife and son as derivative beneficiaries. (Id. ). The Redeemed Christian Church included evidence about its tax-exempt status, Uzoma's qualifications and experience, his role at the Church, and his financial status. (CAR 723–963).
In December 2006, the USCIS sent the Redeemed Christian Church a Request for Evidence. The Request sought information verifying that the Redeemed Christian Church qualified as a nonprofit organization, that it had a connection with Uzoma, and that it was able to pay Uzoma until he obtained lawful permanent residence. (CAR 520–23). The Request also asked the Church to provide evidence about Uzoma's experience as a religious worker, the requirements of his position, his work history from 2004 to 2006, the amounts the Church had paid him, and how Uzoma supported himself and his family. (Id. ). Finally, the Request asked for Uzoma's tax returns for 2004 to 2006, his W–2s, his recent pay stubs, information documenting his immigration status, the letter offering him employment, and a detailed description of Uzoma's work responsibilities at the Church. (Id. ).
The Redeemed Christian Church responded to this Request for Evidence in February 2007. The Church provided information on Uzoma's duties as Pastor–in–Charge of the Redeemed Christian Church's Dayspring Chapel. The Church stated that Uzoma had "no supplementary job." (CAR at 574–75, 673). The Church also provided information on Uzoma's immigration status, his qualifications to be the Pastor–in–Charge, his tax returns and pay stubs, and the Church's 2004 financial statement. (CAR 526–43, 578–79, 591–703, 711–12). The Church told the USCIS that it would pay Uzoma $1,800 per month to start, then $2,000 per month. (CAR 702–03).
The USCIS sent the Redeemed Christian Church a Second Request for Evidence on May 1, 2007. (CAR at 453–55). The Second Request asked the Church to explain discrepancies between the salary it said it had paid Uzoma and the salary he had declared on his 2004 and 2005 tax returns. (Id. ). The Second Request also asked the Church to explain how Uzoma was supporting himself and his family given the limited income he reported on those tax returns. (Id. ). The Second Request sought additional information on Uzoma's duties, his finances, his salary and other allowances, and his authorization to perform religious duties. (Id. ).
The Redeemed Christian Church responded to this Second Request for Evidence on May 25, 2007. The Church explained the discrepancies in Uzoma's salary on the basis that (1) it...
To continue reading
Request your trial