November 9 , 2010

Background

Since June 11, 2009, USCIS has accepted concurrently and properly filed I-360 petitions seeking the classification of special immigrant religious worker and I-485 applications pursuant to the order of the U.S. District Court for the Western District of Washington in the Ruiz-Diaz v. United States litigation (2009 WL 799683). This order was recently reversed by the Ninth Circuit, vacating the injunction, and became effective on October 13, 2010. To comply with the District Court’s injunction, USCIS had to revise its procedures. USCIS is now modifying these procedures again to be consistent with the Ninth Circuit’s decision and mandate. These operational changes took place on November 9, 2010.

New Policy

As of November 9, 2010, any I-485 application where the underlying basis is an I-360 petition seeking the classification of special immigrant religious worker must be filed based on an approved I-360 petition. On or after November 9, 2010, USCIS service centers and offices (including the lockboxes) must reject any Form I-485, Form I-765 (Application for Employment Authorization), or Form I-131 (Application for Travel Document) filed concurrently with or based on a pending I-360 petition seeking the classification of special immigrant religious worker. Any Form I-485 based on a Form I-360 religious worker petition filed prior to November 9, 2010 shall be accepted and adjudicated pursuant to the guidelines established in the August 5, 2009 Memorandum HQDOMO AD09-45, “Clarifying Guidance on the Implementation of the District Court’s Order in Ruiz-Diaz v. United States, No C07-1881RSL (W.D. Wash. June 11, 2009).

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