|Religious Worker Adjustment of Status Eligibility Requirements|
|The applicant has been inspected and admitted or inspected and paroled into the United States.|
|The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application.|
|The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker.|
|The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication.|
|The applicant is not subject to any applicable bars to adjustment of status.|
|The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.|
|The applicant merits the favorable exercise of discretion.|
An applicant should submit the following documentation to adjust status as a religious worker:
In addition, a spouse or child who is filing as a derivative applicant should submit the following:
Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars.
Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[from USCIS] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date.
The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.