Interim Decision #1405 

MATTER or SINTIA 

In VISA PETITION Proceedings 

A-10141925 

Decided by Regional Convnassioner August 11, 1964 

Petition to accord nonquota status as a minister of a religious denomination, 

pursuant to section 101(a) (27) (P), Immigration and Nationality Act, is 

denied since the evidence fails to establish that petitioner, The Vedic Society 

of America, Inc., is a bona me religious denomination or that beneficiary will 

be engaged solely in carrying on the vocation of minister of a religious denomination because he will not be paid a salary for his services as a minister 

and will be obligated to seek full-time employment in another capacity in order 

to maintain inmsett anti Ills family. 

This matter is before the Regional Commissioner on appeal from 

the denial of the visa petition to classify the beneficiary as a nonquota 

minister on the grounds it has not been established that the petitioning 

organization is a bona !Ede religious denomination or' that the beneficiary has been and seeks to remain in the United States solely for the 

purpose of carrying on the vocation of minister. 

The beneficiary is a married citizen of India, born June 11, 1929 

at Pachahi, Bihar, India. He was admitted to the United States on 

September 7, 1952 as a nonquota immigrant- under section 4(e) of the 

Immigration Act of 1924. He subsequently received Bachelor of 

Science and Master of Arts degrees from the American University 

where he majored in International Relations, a Master of Arts degree 

from Howard University and a Doctor of Philosophy degree in Public 

Law and Government from Columbia University. While studying 

in the United States, the alien has been employed part time as an 

instructor in the Hindi Language and Literature and as a teacher in 

International Relations. He is married to a Swedish citizen temporarily in the United States and they have two children, both born in 

New York City. 

The petition which has been submitted in the beneficiary's behalf 

reflects that the organization is devoted to the promotion of the gospels 

of the Vedas, ancient religious scriptures of India. The society was 

758 
Interim Decision #1405 

founded in 1958 by the alien who has been serving as its minister. It 

was incorporated September 9, 1960 under the laws of the state of New . 

York as a nonprofit, non-denominational religious church and organization. The petition states that the beneficiary, as minister, will conduct religious services, lecture in the United States on the doctrines 

of the Vedas and perform such rites as marriages and christenings. 

Inquiries conducted by this Service have disclosed that the beneficiary's primary function is to teach religion and philosophy in order 

to enable the members of the group to realize their full spiritual and 

philosophical potential. The society's present membership numbers 

less than twenty individuals. The organization imposes no restrictions on its members belonging to any other religious denomination or 

attending other churches. Meetings are held Friday evenings at the 

Mount Vernon office of a physician who is Spiritual Director of the 

society and Sunday evenings at the alien's home in New York City. 

It was further ascertained that the petitioner owns a spiritual retreat 

in Deerpark, Orange County, New York which was purchased in 1961 

for $5,200. Its only income is the $10 annual dues received from each 

member. No arrangements have been made for payment of a salary 

to the beneficiary. During 1963, he received approximately $800 in 

love offerings from the membership and from lectures in connection 

with the society. His total earnings for the year 1963 amounted to 

$6,300, his principal earnings being his salary as professor at Drew 

University. 

The issues which are before us are (1) whether the petitioning 

organization is a religious denomination within the contemplation of 

section 101 (a) (27) (F) (i) of the Immigration and Nationality Act 

and (2) whether the beneficiary is a minister of a religious denomination within the meaning of the statute_ Section 101(a) (27) provides 

in part as follows: 

The term 'nonquota Immigrant' means-

. 

(r) (i) An immigrant who continuously for at least two years immediately 

preceding the time of his application for admission to the United States has been, 

and who seeks to enter the United States solely for the purpose of carrying on 

the vocation or minister of a religious denomination, and whose services are 

needed by such religious denomination having a bona fide organization in the 

United States ; .. . 

In Matter of N—, 5 I. & N. Dec. 173, there are set forth certain guidelines which should be considered in arriving at a determination as to 

whether the instant petitioner is a bona, fide religious denomination 

within the contemplation of section 101 (a) (27) (F) (i) . In declining 

favorably in the cited case it was found that the petitioner therein has 

been incorporated under the laws of many of the States in thisCountry : 

1750 
Interim Decision #1405 

is a worldwide religious organization having a distinct legal existence; 

has a recognized creed and form of worship; has a definite and distinct ecclesiastical government; has a formal code of doctrine and discipline; has a distinct religious history; has a membership, not associated 

with any other church or denomination ; has officers ministering to their 

congregation, ordained by a system of its own; has established places 

of religious worship; has religious congregations and religious services; operates a Sunday school for the religious instruction of the 

young, and schools for the preparation of its ministers, who in addition to conducting religious services, perform marriage ceremonies, 

bury the dead, christen children, and advise and instruct the members 

of their congregations. 

We find that the present petitioner differs in several essential respects from the organization described in Matter of N—, supra. Its 

members may be associated with other religious denominations, there 

are no prescribed standards for the selection, training and ordination 

of its ministers, and the society does not have a distinct form of worship. In further considering this matter, we note that the beneficiary's 

ministerial functions have been and will continue to be very limited 

in scope Inasmuch as the petitioning organization is financially 

unable to pay him a salary for his services as minister, he will be 

obliged to seek full-time employment in another capacity in order to 

maintain himself and his family. 

After careful evaluation of the entire record in this case, we find that 

the petitioner has failed to establish that it is a religious deonomination 

withinthe meaning of section 101 (a) (27) (F) (i) of the Act and has 

failed to establish that the beneficiary will be engaged solely in carrying on the vocation of minister of a religious denomination as required 

by the statute. Accordingly, the appeal will be dismissed. 

It is ordered that the appeal be and same is hereby dismissed. 

760