MATTER OF F— 

Application to Preserve Residence 

A-8725696 

Decided by District Director January 26, 1960 

Approved by Assistant Commissioner March 7, 1960 

Residence for naturalization—Clergyman sent abroad by private corporation 

eligible for section 317 benefits. 

An ordained rabbi may qualify for the benefits of section 317 of the Immigration and Nationality Act to cover his absence from the United States 

while teaching at a rabbinical seminary even though he was sent abroad by, 

and receives compensation from, a private corporation which is not a religious organization. 

BEFORE THE DISTRICT DIRECTOR 

Discussion: The applicant submitted an application on Form 

N-470 dated July 29, 1959, requesting the benefits of section 317 of 

the Immigration and Nationality Act, 8 U.S.C. 1428, to cover his 

absence from the United States from July 12, 1955, to July 19, 1956, 

alleging that he is a duly ordained rabbi and that during that period he was employed by Heichal Hatalmud, a New York organization, to lecture in the Heichal Hatalmud Seminary in Israel. 

The records of this Service show that the applicant was lawfully 

admitted to the United States for permanent residence on August 18, 

1954, under section 245 of the Immigration and Nationality Act, 

8 U.S.C. 1255. 

The evidence of record establishes that the applicant is a rabbi 

and the employer organization is a New York membership corporation established to raise funds in the United States for the support 

of a rabbinical seminary, known as Heichal Hatalmud, located at 

Tel Aviv, Israel. It was at this rabbinical seminary that the applicant lectured to rabbinical students during his absence from the 

United States from July 12, 1955, to July 19, 1956. 

The question involved is whether the statute requires that a minister or priest be employed by a religious organization in order to 

qualify for the benefits of section 317. 

The record shows that subject ryas employed by a corporation 

engaged solely in raising funds in the United States to support a 

rabLiinical seminary in Israel. Such fund raising, although for a 

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religious purpose, does not make the corporation a religious organization. Subject cannot, therefore, be considered as having been engaged by a religious organization for the purposes of section 317. 

This conclusion does not, however, disqualify him from the benefits 

of section 317. 

The statute contemplates two categories of persons eligible for its 

benefits, namely, ministers and priests on the one hand, and missionaries, brothers, sisters and nuns on the other. The qualifying 

conditions differ as to each category. Those in the second category 

are persons who are engaged by a religious denomination or mission 

organization to serve abroad in their respective capacities. This 

prerequisite has no applicability to the first class. All that is req-lired of the minister or priest is that he be a person authorized 

to perform ministerial or priestly functions of a religious denomination, and that he be abroad for that very purpose. Common to 

both categories is the requirement that the denomination or organization have a bona lid-, organization within the United States. 

Subject is an ordained rabbi. As such, he is authorized to perform the ministerial functions of the Jewish religion. No proof is 

required to recognize that the Jewish religion has a bona fide organization within the United States. Likewise, no proof is required that the teaching of religion to rabbinical students is inherent in the ministerial functions of the religious denomination. 

The subject, therefore, meets the requirements of section 317. The 

fact that he was sent abroad by a private corporation which is not 

a religious organization and that he receives his compensation from 

such corporation is not material. 

Order: It is ordered that J—F— be granted the benefits of 

section 317 of the Immigration and Nationality Act to cover his 

absence from the United States from July 12, 1955, to July 19, 1956. 

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