Ukrainian Church I-360 Case

Ukrainian Church I-360 Case This document contains: 1.) CSC’s denial 2.) AAO’s dismissal 3.) Complaint filed in District Court There are hundreds of pages of potentially useless exhibits available via PACER. SEE: http://dockets.justia.com/docket/pennsylvania/paedce/2:2013cv00041/471812/ EMBASSY OF THE BLESSED KINGDOM OF GOD FOR ALL NATIONS CHURCH et al v. HOLDER et al Filed: January 4, 2013 as 2:2013cv00041 Plaintiffs: EMBASSY OF THE BLESSED KINGDOM OF GOD FOR ALL NATIONS CHURCH ,

GOD'S EMBASSY CHURCH and MYKHAYLYK OLEKSANDR

Defendants: ERIC H. HOLDER, JANET NAPOLITANO, ALEJANDRO MAYORKAS and

EVANGELIA KLAPAKIS

Cause Of Action: Petition for Writ of Mandamus Court: Third Circuit > Pennsylvania > Eastern District Court Type: Other Statutes > Other Statutory Actions

http://dockets.justia.com/docket/pennsylvania/paedce/2:2013cv00041/471812/




http://dockets.justia.com/browse/circuit-3/

http://dockets.justia.com/browse/circuit-3/state-pennsylvania/

http://dockets.justia.com/browse/circuit-3/state-pennsylvania/court-paedce/

http://dockets.justia.com/browse/noscat-13/

http://dockets.justia.com/browse/noscat-13/nos-890/

Case 2:13-cv-00041-HB Document 1-6 Filed 01/04/13 Page 9 of 62

TO:

God's :Embassy Church 40 1 0 FJ. Ccunino Road Sacranento, CA 95821

DECISION

DATE:

Q:$.l:)'cparlmcnt of Homel:and Security P.O. Box 10360 Laguna Niguel, CA 92607-0360

U.S. Citizenship and Im.migration Services

111AR 2 l Z612

Petition: Form I-360

File: WAC-09-238-50528

Your Form I-360, Petition for .t\.merasian, Widow(er), or Special Immigrant, flied in behalf ofOleksandr Mykb.aylyk has been deniedior.the following reason(s):

See Attachment

If you desire to appeal this decision, you may do so. Your notice of appeal must be filed with this office at the addn~ss at the top of this page within 30 days of the date of this notice. Your appeal must be filed on Fom1 I-290E. A fee of $630.00 is required, payable to U.S. Citizenship and Immigration Services with a check or money order from a bank or other institution located in the United States. If no appeal is filed within the time allovv-ed, this decision will be the final decisbn in this matter.

In support of your appeal, you may submit a. brief or other written statement for consideration by the reviewing authority. You may, if necessary, request additional time to submit a brief. Any brief, written statem:=nt, or other evidence not filed with Form I-290B, or any request for additional time for the submission of a bdef or other material must be sent dire::tly to:

DHS/USCIS Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2 090 Washington, DC 20529-2090

Any request for additional time for the submission of a brief or other statement must be made directly to the Administrative Appeals Office (AAO), and must be accompanied by a written explanation for the need for additional time. An extension of time to file the appeal may not be granted. The appealmay not be filed directly with the AAO. The appeal! mmt be fllled at the address at the top of this page.

Sincerely,

r/-) a .. ~~--~~'~"t-~~ ~J

<• 7'!,;P ---·

Rose:cnary Langley Melville Director, California Service Center

Enclosure: Form I-290B cc: Taciana S. Aristova

Fonni·292 www.dhs.gov


WAC-09-238-50528 Page 2

The petitioner has flied Form I-360, Petition for Amerasian, Widow or Special Immigrant, pursuant to section 203 (b)(4) of the Immigration and Nationaiity Act, seeking classification of the beneficiary as a section 101 (a)(27)(C) special immigrmt religious worker.

The issue to be discussed is whether the beneficiary will be working for the petitioning organization.

8 C.F.R 204.5(m) addresses the requiremE:nts for qualification as a religious worker and states, in pertinent part:

... a petition may be filed by or for an alien who (either abroad or in the United States) for at least the two years immediately preceding the filing of the petition has been a member of a religious denomination which has a bona fide nonprofit religious organization in the United States. The alien must be coming to the United States solely for the purpose of carrying on the vocation of a minister of that religious denomination, working for the orgmization at the organization's request in a professional capacity in a

· religious vocation or occupation, or working in a religious vocation or occupation for the organization ..... .

The cited regulation indicates that the beneficiary should be coming to the United States solely for the purpose of carrying on the vocation of a minister of that religious denomination, working for the organization at the organization's request in a professional capacity in a religious vocation or occupation, or wcrking in a religious vocation or occupation for the organization ...

Additionally 8 CFR 204.5(m)(12) states:

Inspections, evaluations. verifications, and compliance reviews. The supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, up to and including an on-site inspection of the petitioning organization. The inspection may include a tour of the organiz<ction's facilities, an interview with the organization's officials, a review of selected orgac-:J.ization records relating to compliance with immigration laws and reg-ulations,. and an interview with any other individuals or review of any other records that the USCIS considers pertinent to the integrity of the organization. An inspection may include the organization headquarters, satellite locations, or the work locations planned for the applicable employee. If USCIS decides to conduct a pre-approval inspection, satisfactory completion of such inspection ·will be a condition for approval of any petition.

On :~ovember 9, 2 0 1 1 the USCIS issued an Intent to Deny stating the following:

8 C.P.R. 204.5(m)(l2) states:

Inspections, evaluations, verifications, and compliance reviews. The supporting evidence submitted may be verified by USCIS through any means detem1ined appropriate by USCIS, up to and including an on-site impection of the petitioning orga.nizatioL The inspection may include a tour of the organization's

ATTACHMENT TO K-292


WAC-09-238-50528 Page 3

facilities, an interview with the organization's officials, a review of selected organization records relating to compliance with immigration laws and :regt!Iations, and an interview with any other individuals or review of any other records that the users considers pertinent to the integrity of the organization. An inspection may include the organization headquarters, sateUite locations, or the work locations planned for the applicable employee. If USCIS decides to conduct a pre-approval inspection, satisfactory completion of such inspection will be a condition for approval of any petition.

The USCIS is in possession of the following information:

On April 7, 2008, the USCIS conducted a site visit at the petitioner's address, 4010 El Camino Ave., Sacramento, CA 95821. Upon arrival at the petitioner's address, the USCIS officer concluded that the facility was being used by several different businesses. However, there were no signs or other items posted identifying the petitioning organization at the site. A phone called was placed on the same day but was unable to reach anybody. A message was left identifying himself and a call back number but the petitioner never called back. On April 28, 2008, another call was placed to the petitioner's phone number but was again left unanswered and another message was left for the petitioner to contact the USCIS officer. The petitioner never returned the call.

Since no one was available at the petitioner's address at the time of the site visit and phone messages remained unreturned, USC1S was unable to verify the existence of the petitioning organization and the validity of the petition.

As such, a Notice of Intent to Deny the petition was sent to the petitioner on August 11, 2010. The petitioner responded to the notice on August 18, 2010.

However, on September 27, 2010, another compliance review site visit was conducted at the beneficiary's actual work location at 220 Geiger Road, Ste. ·1 01, Philadelphia, PA 19115. Again, there were no signs identifying the petitioning organization ut that address.

The officer then proceeded to the alternative address listed on the petition at 9921 Bustleton Ave., PhHiadelphia, P A 19115. This location is identified as the "New World Association of Immigrants", a non-profit support center for Eastern European immigrants. The officer spoke with the manager of the center, Marina Lipkowskaya. Ms. Lipkowskaya knew of the beneficiary and his church on Geiger Road and used to let the beneficiary's church tr;,adl computer classes at the center. She has since lost contact with the beneficiary about a year and a half before from the officer's visit. When the beneficiary was intenriewed, he claimed that he had used the support center for church services, addiction counseling, and computer classes that were taught by his wife.

The officer then proceeded to the beneficiary's home at 9921 Bustleton A. venue, ilpt. M3, Philadelphia, Pil 191 IS officer vvas met the beneficiar;/s beneficiary V\'as at the

ATT JICI-JMENT TO I-292


WAC-09-238-50528 Page 4

office. She made a phone call to the beneficiary at the address on 220 Geiger Road and he agreed to meet tr1e officer there.

During the interview of the beneficiary, he claims that he also runs a missionary training program, drug and alcohol co~eling, and youth progrmns through his religious organization. However, the beneficiary did not provide any evidence of !the connection between theses activities and his church. It has also not been established where theses groups conduct their programs. The beneficiary claims 150 persons are in his congregation and that typically 80 persons attend Sunday services. A copy of the IRS 501 (c)(3) letter from the petitioning organization in Sacramento, CA was included in the evidence with the initial filing of the I-3 60 petition. However, it was discovered that the beneficiary obtained another IRS 501 (c)(3) letter through the International Congress of Churches and Ministers ("ICCM"). The beneficiary claimed that it was beneficial to have established the 501 (c)(3) tax exempt status from more than one source. According to the officer, the ICCM charges a fee of $650 for the privilege of using their 501 (c)(3) letter, and $450 to obtain theArtides of Incorporation. Plus ICCM requires that the Pastor of the church obtain ordination or credentials from the ICCM. Evidence of ordination or credentials from ICCM has not been provided. It has not been established why the beneficiary felt it necessary to obtain another IRS 50 1 (c) (3) letter through a third pcrty. Furthermore, it has not been demonstrated with convincing evidence that the petitioning organization in Sacramento, CA and the organization in Philadelphia have a bona fide affiliation.

Also, as part of the Intent to Deny, it wa,s requested that the petitioner provide evidence to establish whether a connection exists between the petitioning organization in Sacramento, CA and the church w·here the beneficiary has worked at 220 Geiger Road, Unit 101, Philadelphia, PA 19115.

As part of the evidence provided in response to the Intent to Deny, the petitioner provided a letter dated Novenber 28, 2011 from Sunday Adelaja, Senior Pastor of the Central Church Embassy of God, Kyiv, Ukraine. In this letter, Pastor Adelaja writes, in part:

The Embassy of the Blessed Kingdom of God for All Nations was started in 1994 and currently has over 2 00 churches worldwide. Prior to October 2 0 1 0, our church was represented in the US by the Embassy of God Church in Sacramento, CA. Tht church waS the head organization in the US, promoting the tenets of our religious teachings and traditions in the US.

However, there has been a change and w:e hereby now wish to inform the public and governmental agencies of the United States of America that the Embassy of the Blessed Kingdom of God for All Nations Church in Kiev, Ukraine (mother church to all ~he Embassy of God Churches worldwide including those in USA) no longer recognizes, as a part of its netvvork of churches, the Embassy of God Church in Sacramento, CA,

. USA under the leadership of \!assily Beli:;kiy.

The full "Successor of Interest" of the Embassy of God Church with regard to above referenced functions will henceforth now be the "Embassy Blessed Kingdom of God for All Nations Church" in Philadelphia, D .d I ·!.. l J L. r" ~' ' , .. - " . k • ". l.muer rae leuuersum OR £'astor Ul.eJ<"SQ"J£tr M VI kllavly •.

' '

AITACHMENTTO I-292


WAC-09-238-50528 PageS

Based on the information in Pastor Adelaja' s letter as described above, the petitioning organization of the inst;mt Form I-360 petition, God's Embc$SY Church in Sacramento, CA under the leadership of Vassily Beli:;kiy, is presently not recognized as a part of the Embassy of the Blessed Kingdom of God for All Nati.ons Church's network of churches.

Further, there is insufficient evidence in t.he record to show that a valid Successor in Interest relationship exists between the church in Philadelphia and the church in Sacramento. The successor has not adequately detailed the nature of the transfer of ownership of the prior entity, the transfer of rights, obligations, and duties.

The regulations indicate that the beneficicxy should be coming to the United States solely for the pupose of carrying on the vocation of a minister of that religious denomination, working for the organization at the organization's request in a professiond capacity in a religious vocation or occupation, or working in a religious vocation or occupation for the :)rganization. The evidence provided is insufficient to establish that 6e beneficiaryis and will be employed by the petitioning organization, God's Embassy Church in Sacramento, CA.

The response does not overcome the grounds for deniaL

It is incumbent on the petitioner to resolve any inconsistencies in the record by independent objective evidence; any attempts to explain or reconcile such inconsistencies, absent competent objective evidence pointing to where the truth lies, will not· suffice. Matter of Ho, 19 I&N Dec. 58 2 ( Comm. 19 8 8).

The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 1361. The petitioner has not sustained that burden.

Therefore, the petition to classify the beneficiary as a special immigrant religious worker is denied.

ATI.t\CHMENT TO I-292


GOD'S E1VllBASSY CHURCH 401 J EL CAMiNO A VENUE SACi~AMENTO, CA 95821

DA,TE: :!OCT 2 4 2G'I2

H\l RE: Petitioner: Beneficiary:

U.S. Department ofHoi!Ieland Security U.S. Citizenship and Immigration Services Administrative Appeals:Office (AAO) 20 MassachusettS Ave., RW-, MS 2090 Washington, DC 20529-2090

US. Citizenship and Immigration Services

OfElce: CALIFORNIA SERVICE CENTER FILE: A87 705 805 WAC 09 238 50528

GOD'S EMBASSY CHURCH OLEKSANDR MYKHA YL YK

PITTTION: Immigrant Pe:tition for Special lrnmigrant Religious Worker Pursuant to Section 203(b)(4) of the Immigration andNationality Act (the Act), 8 U.S.C. § ll53(b)(4), as described at Section l01(a)(27)(C) ofthe Act, 8 U.S.C. § 1101(a)(27)(C)

01'J BERALF OF PETITIOl\!t:R:

s::;LF-HEPRESENTED

IlJ2TRUCTWNS:

Eruclosed please find the decision of the Administrative Appeals Office in your case. All of the d.x:uments related to this matter have been returned to the office that originally decided your case. Please 1:;; advised tbat any further inquiry that ynu might have concerning your case must be made to that office.

!Junk you,

f{' '~ , no / ~· \./ :'..J_';J!A..a n (f Jle~1.-y l?..hew ),~Hef, Administrative Appeals Office

W'IY>V.tl.Scis.go v


A8'i 705 SIQS

nJE;;cuSSION: The Director, California Service Center, denied the employment-based in:u:1:lgrant visa petition. The mcKI:ter is now before the Administrative Appeals Office (AAO) on appeEJ.l. The AAO will reject the appeal or, in the alternative, summarily dismiss the appeal.

Th.;; :oetitioner seeks to classify the benefkiary as a special in1migrant religious worker pursuant to section 203(b)(4) of the Irmnigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(4), to perform services as pastor of a church in Philadelphia, Pennsylvania. The director discussed evir~ence tfha:t the petitioning church is no longer affiliated With the church in Philadelphia, and therdore found the evidence hls:uffitcient to establish that the beneficiary will be employed by the peiitDni.ng organization.

8 C.F.R. § 103.3(a)(1)(iii)(B} states that, for purposes of-appeals, cetiification~? and reopening or re:consideration, "affected party" (in addition to U.S. Citizenshjp and Immigration Services (U~;CIS)) means the person or entity with legal standing in a proceeding.· The USCIS regulation at;;; C.F.R. § 103J(a)(2)(v)(A)(l) states that an appeal ftled by a person or entity not entitled to fHf: it must be rejected as improperly filed. In such a case, US CIS will not refund any filing fee it fr ,a,:;. accepted.

Hete, the party that filed the appeal was not the petitioner, but rather an attomey, Tatiana S. }l,_r$·i,:ova. Accompanying the l-290B, Notice of Appeal was a G-28, Notice of Entry of A:rpearance as Attorney or Represe:ntati've, authorizing Ms. Aristova to represent the beneficiary, Okksand!r Mykhaylyk; on appeaL Because Oleksandr Mykhaylyk did not file the petition, he is no·; an affected party, and therefore bJ.s attomey has no standing to file an appeal on the peli.foner' s behalf. 1

Ev:;,n if pmperly filed, the AAO would summarily dismiss the appeal. On appeal, Ms. Aristova acb:wwledges that the beneficiary will not be employed by the petitioner as the petitioning church is no longer affiliated with God's Embassy Church in Philadelphia where the beneficiary vviJ.l be ·working. Ms. Aristova asserts that God's Embassy Church in Philadelphia should be coiE:ldered a "substitute" for the origir~cal petitioner. Eligibility must be established at the time of filing. 8 C.P.R.§ 103.2(b)(1)l12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Comm'r 1971). A pe"Licfoner may not make material char;.g:es to a petition in an effort to make a deficient petition co-,rfl)nn to USCIS requirements. See Matter oflzwnmi, 22 I&N Dec. 169, 176 (Assoc. Comm'r -!'"9,<):9.) .

• J '- ~

Tt:e regulation at 8 C.P.R. § 103.3(a)(1)(v) provides that "[a]n officer to whom an appeal is taken sh:;U summarily dismiss any appeal vvhc;;n the party concerned fails to identify specifically any encmeous conclusion ofla1v or statement of fact for the appeal."

1 l_ previo~sly subn1itted G-~28 £U.Jlthorized ~\·1s. }1.ristova to represent the petitioner for the filing of.the Form !~360 the regulation at 8 C.F.R. § requires thn.t n. ne'rV G-28 must be submitted on appei:!l to the

AhC..! "to authorize representation in order foi' ::he appearance to be recognized by DHS." Accordingiy, the AAO

c<UlJt recognize Ms. Adstova as authorized tc· represent the petitioner on appeal.


A11J ~105 :&05 Pagr: J

Thr~ ;:;etitioner has not specific.aHy addressed any erroneous conclusion of law or statement of fac.:. Therefore, ifthe appeal were not being rejected, it would have been summarily dismissed.

The appeal is rejected or in the alternative summarily dismissed.

~JS 44 (Rev. 12/07) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk of Court for the purpose ofmitiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

"Embassy of the Blessed Kingdom of God for All Nations Church", JANET NAPOLITANO, US DHS SECRETARY, et al. Ukraine, "God's Eml;>assy Church", Phjla(jelphia, PA and ~

M!;I'/c' "././1 Y,l y;.e t;7 L E £;' J /I .L';"~-~,,.e (b) County of Residence of First Listed Jl'lilintift' t-'HILADELPHIA

(EXCEPT IN U.S. PLAINTiFF CASES)

(c) Attorney's (Finn Name, Address, and Telephone Number)

Tatiana S. Aristova, Khavinson & Associates, P.C. 10 Schalk's Crossin Road, Suite 501-295 Plainsboro, NJ 08536

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

Attorneys (If Known)

UNKNOWN

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff

o I u.s. Govemment Plaintiff

o 2 U.S. Government Defendant

IV NATURE OF SUIT CONTRACT

0 I 10 Insurance o 120 Marine 0 o 130 Miller Act 0 o 140 Negotiable Instrument o 150 Recovery of Overpayment 0

& Enforcement of Judgment o 151 Medicare Act 0 o 152 Recovery of Defaulted

Student Loans 0 (Exc!. Veterans) 0

o 153 Recovery of Overpayment of Veteran's Benefits 0

o 160 Stockholders' Suits 0 o 190 Other Contract o 195 Contract Product Liability 0 o 196 Franchise

REAL PROPERTY o 2 10 Land Condemnation 0 o 220 Foreclosure 0 o 230 Rent Lease & Ejectment 0 o 240 Torts to Land o 245 Tort Product Liability 0 o 290 All Other Real Property 0

0

0

]!I 3 Federal Question (U.S. Government Not a Party)

o 4 Diversity

(Indicate Citizenship of Parties in Item III)

(Place an "X" in One Box Only)

TORTS

PERSONAL INJURY PERSONAL INJURY 310 Airplane 0 362 Personal Injury-315 Airplane Product Med. Malpractice

Liability 0 365 Personal Injury -320 Assault, Libel & Product Liability

Slander 0 368 Asbestos Personal 330 Federal Employers' Injury Product

Liability Liability 340 Marine PERSONAL PROPERTY 345 Marine Product 0 370 Other Fraud

Liability 0 371 Truth in Lending 350 Motor Vehicle 0 380 Other Personal 355 Motor Vehicle Property Damage

Product Liability 0 385 Property Damage 360 Other Personal Product Liability

Injury CIVIL RIGHTS PRISONER PETITIONS

441 Voting 0 510 Motions to Vacate 442 Employment Sentence 443 Housing/ Habeas Corpus:

Accommodations 0 530 General 444 Welfare 0 535 Death Penalty 445 Amer. wlDisabilities- 0 540 Mandamus & Other

Employment 0 550 Civil Rights 446 Amer. wlDisabiIities - 0 555 Prison Condition

Other 440 Other Civil Rights 1

(For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF

Citizen of This State 0 I 0 I Incorporated or Principal Place 0 4 0 4 of Business In This State

Citizen of Another State o 2 0 2 Incorporated and Principal Place 0 5 0 5 of Business In Another State

Citizen or Subject of a o 3 0 3 Foreign Nation 0 6 0 6 Forei COUll

FORFEITUREIPENALTY BANKRUPTCY OTHER STATUTES

o 6 I 0 Agriculture o 422 Appeal 28 USC 158 0 400 State Reapportionment o 620 Other Food & Drug o 423 Withdrawal 0 4 I 0 Antitrust o 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking

of Property 21 USC 881 0 450 Conunerce o 630 Liquor Laws PROPERTY RIGHTS 0 460 Deportation o 640 R.R. & Truck o 820 Copyrights 0 470 Racketeer Influenced and o 650 Airline Regs. o 830 Patent Corrupt Organizations o 660 Occupational o 840 Trademark 0 480 Consumer Credit

SafetylHeaIth 0 490 Cable/Sat TV o 690 Other 0 8 I 0 Selective Service

LABOR SOCIAL SECURITY 0 850 Securities/Commodities/ o 710 Fair Labor Standards o 861 HIA (l395ff) Exchange

Act o 862 Black Lung (923) 0 875 Customer Challenge o 720 LaborlMgmt. Relations o 863 DIWC/DIWW (405(g» 12 USC 3410 o 730 Labor/Mgmt.Reporting o 864 ssm Title XVI IllI 890 Other Statutory Actions

& Disclosure Act o 865 RSI (405(g» 0 89 I Agricultural Acts o 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Act o 790 Other Labor Litigation o 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters o 79 I Emp!. Ret. Inc. or Defendant) 0 894 Energy Allocation Act

Security Act o 871 IRS-Third Party 0 895 Freedom ofInfOlmation 26 USC 7609 Act

IMMIGRATION 0 900Appeal of Fee Detennination o 462 Naturalization Application Under Equal Access o 463 Habeas Corpus - to Justice

Alien Detainee 0 950 Constitutionality of

10 '" 0 ... 'mmi,~ioo State Statutes ActIons

V. ORIGIN I)ll Original

Proceeding

(Place an "X" in One Box Only)

o 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Appellate Court Reopened another dlstnct Litigation

o 7 Appeal to District Judge from Magistrate Judgment

State Court (specIfy)

VI. CAUSEOFACTION~~~~~----------------------------------------------------------Brief description of cause: Complaint tor lJeclaratory Judgment, Complaint under the APA and Petition tor Writ ot Mandamus

VII. REQUESTED IN COMPLAINT:

VIR RELATED CASE(S) IF ANY

o CHECK IF THIS IS A CLASS ACTION

UNDER F.R.CP. 23

(See instructions): JUDGE NONE

DEMAND $

RECEIPT # AMOUNT APPL YING IFP ------

CHECK YES only if demanded in complaint:

JURY DEMAND: 0 Yes e'No

DOCKET NUMBER

JUDGE MAG. JUDGE ----- --------

Case 2:13-cv-00041-HB Document 1 Filed 01/04/13 Page 1 of 63

UNITED STATES DISTRKCT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA - DESIGNATION FORM to be lUlsed by counsel to ill1ldicate the category of the case Ifo r [he Jllllr[llose olf assignment to appropriate calendar. / T t· SA' t

c 0 a lana • rlS ova, Esq.

Address of Plaintiff: 10 Schalk's Crossing Rd. #501-295 Plainsboro, NJ 08536

AddressofDefendantP.O. Box 878 Ben Franklin Station, Washington. DC 20044

Place of Accident. Incident or Transaction: __ U_n_k_n_o_w_n __ ___,~---_:__:_ ___ ___:_':'C--_:__:___:___,---------__ _

(Use Reverse Side For Additional Space)

Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% or more of Hs stock?

(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.1 (a)) Yes 0 N0 0

Does this case involve multidistrict litigation possibilities?

RELATED CASE. IF ANY:

YesO

Case Number: ___________ Judge ____________ ~_ Date Terminated: __________ _

Civil cases are deemed related when yes is answered to any of the following questions:

1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court?

YesO Nom: 2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated

action in this court?

YesD NoKJ 3. Does this case involve the validity or infringement of a patent already in suit or any earlier nunnbered case pending or within one year previously

terminated action in this court? YesD NoG

4. Is this case a second or successive habeas corpus. social security appeal. or pro se civil rights case filed by the same individual?

CIVIL: (Place V in ONE CATEGORY ONLY) A. Federal Question Cases: 1. 0 Indemnity Contract. Marine Contract. and All Other Contracts

2. 0 FELA

3. 0 Jones Act-Personal Injury

4. 0 Antitrust

5. 0 Patent

6. 0 Labor-Management Relations

7. 0 Civil Rights

8. 0 Habeas Corpus

9. 0 Securities Act(s} Cases

10.0 Social Security Review Cases

11. N! All other Federal Question Cases (Please specify)

YesD Noill

B. Diversity Jurisdiction Cases: 1. 0 Insurance Contract and Other Contracts

2. 0 Airplane Personal Injury

3. 0 Assault, Defamation

4. 0 Marine Personal Injury

5. 0 Motor Vehicle Personal Injury

6. 0 Other Personal Iqjury (Please

specify)

7. 0 Proclucts Liability

8. 0 Proclucts Liability - Asbestos

9. 0 All other Diversity Cases

(Please specify)

ARBITRATION CERTIT~FltCATION Tatl' ana S Arl' t Es (Check Appropriate Category)

1. • S 0 va, q • . counsel of record do hereby certify:

o Pursuant to Local Civil Rule 53.2. Section 3 (c) (2). that to the best of my knowledge and belief, the damages recoverable in this civil action case exceed the sum of

$150.000.00 exclusive of interest and costs;

o Relief other than monetary damages is

85928 Attorney-at-Law Attorney I.D.#

NOTE: A trial de novo will be a trial by jury only if there has been connpliance with F.R.C.P. 38.

I certify t.hat j to my k..nowledge, the wiL~:L.'1 case :is not related to any case now pending or <wi.tluin one yeaur pnrevllously terrrrlnated actiofll hll tbif.; (:(t L'llrt

except as noted above.

DATE:~ _____ _ 85928 Attorney-at-Law Attorney LD.#

CIV. 609 (6/08)


IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CASE MANAGEMENT TRACK DESIGNATION FORM

"Embassy of the Blessed Kingdom of God for All Nations Church" Ukraiile "God's Embassy Cl1urch" Philadelphia, PA and Mykhaylyk Oleksandr

CIVIL ACTION

v. : NO. Janet Napolitano, US DHS Secretary,et.al.

In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of

. filing the complaint and serve a copy on all defendants. (See § 1 :03 of the plan set forth on the reverse si.de of this form.) In the event that a defendant does not agree with the plaintiff regarding said designatiOln, that defendant shall, with its first appearance, submit to the clerk of court and serve on the plaintiff and all other parties, a Case Management Track Designation Form specifying the track tOi '\TV hich that defendant believes the case should be assigned.

SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:

(a) Habeas Corpus - Cases brought under 28 U.s.C. § 2241 through § 2255. ( )

(b) Social Security - Cases requesting review of a decision of the Secretary of Health and Human Services denying plaintiff Social Security Benefits. ( )

(cl Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2. ()

(d) Asbestos - Cases involving daims for personal injury or property damage from exposure to asbestos. ( )

(e) Special Management - Cases that de not fall into tracks (a) through (d) that are commonly referred to as complex and that need special or intense management by the court. (See reverse side of this form for a detailed explanation of special management cases.) ( )

(f) ~)tandard Management - Cases that do not fall into anyone of the other tracks. (x)

/ ---(~ :--;:._ ... -

Att(l)]['lffiey-at -law

(215)355-9095 (215)355-9109

FAX: Number

(elv. (60) llil/lil2

Tatiana S. Aristova, Esq

Attorney for

[email protected]

E-Mail Address


IN THE UNITED STATES FEDERAL COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

"Embassy of the Blessed Kingdom of God for All Nations Church", Ukraine and "God's Embassy Church", Philadelphia, PA and Mykhaylyk Oleksandr

Vs. Eric H. Holder, U.S. Attorney General

Janet Napolitano, Secretary of the US Department of Homeland Security

Alejandro Mayorkas, Director, US Citizenship and Immigration Services (USCIS)

Evangelia Klapakis, District Director, US Citizenship and Immigration Services (USCIS) Philadelphia, Pennsylvania

Case No: A#OS7-705-S05

COMPLAINT FOR DECLARATORY JUDGMENT, COMPLAINT UNDER THE ADMINISTRATIVE PROCEDURES ACT AND PETITION FOR

WRIT OF MANDAMUS

1. Plaintiffs, by and through counsel, Tatiana S. Aristova, Esquire, petition this

Court to review (a) the US Citizenship and Immigration Service's (hereinafter the

US CIS') denial of their 1-360 Petition for Amerasian, Widow(er), or Special

Immigrant, Case #WAC-09-238-50528, on behalf of Oleksandr Mykhaylyk,

wherein the US CIS initially delayed adjudication for years and then denied the

case due to structural changes that took place due growth and development of the

US affiliate of petitioning ., r \ and ~b) US

1


subsequent 1-360 Petition, Case #WAC-12-903-45929, on behalf of Oleksandr

Mykhaylyk despite the fact that the filing fees were duly paid to the US CIS.

PARTIES

2. PlaintifflPetitioner, "Embassy of the Blessed Kingdom of God for All Nations

Church" in Ukraine is a duly registered Christian Church operating in the country

of Ukraine. PlaintifflPetitioner, "God's Embassy Church" in Philadelphia, P A, is a

subsidiary/affiliate church of "Embassy of the Blessed Kingdom of God for All

Nations Church" in Ukraine, located in Philadelphia, P A. PlaintiffIPetitioner,

Oleksandr Mykhaylyk is a private individual, formerly employed by "Embassy of

the Blessed Kingdom of God for All Nations Church" in Ukraine and now

employed by "God's Embassy Church" in Philadelphia, PA. He is residing in

Philadelphia, P A. They petition this Court to issue a Writ of Mandamus, requiring

the US CIS to reverse the denial of the above referenced 1-360 Petition on behalf of

Oleksandr Mykhaylyk, Case #WAC-09-238-50528, and lor adjudicate subsequent

1-360 Petition, Case #WAC-12-903-45929.

3. Defendant/Respondent Eric H. Holder, Jr., the Attorney General of the United

States, exercises unique power over the affairs of aliens. See 8 U.S.C. §1l03(a)(1);

8 U.S.C. §1l22(a); 8 U.S.C. §§1l26(a) and (c); 8 U.S.C. §§1231(a)(2) and (6). He

is sued in his official capacity only.

4. Defendant/Respondent, Janet Napolitano, Secretary of the Department of

Homeland Security, is empowered with the implementation of benefits and

services pursuant to the Immigration and Nationality Act (INA), 8 U.S.C. §1101, et

seq. As such, this person is the individual with supervisory responsibility over the

adjudication and action on Plaintiffs' petitions at issue here. She is sued in her

£'.r' '1 . " , OHICIa capacny omy"

2


5. Defendant/Respondent, Alejandro Mayorkas, the Director of U.S. Citizenship

and Immigration Services (USCIS), is a senior officer of that agency. He is

charged under 8 U.S.C. §1103(c) with all responsibilities delegated to him by the

Secretary of the US Department of Homeland Security and authority for the

administration of the U.S. Citizenship and Immigration Services and the

Immigration and Nationality Act. As such, this person is the individual with

responsibility over the adjudication and action on the petitions at issue here. This

person is sued in his official capacity only.

6. Defendant/Respondent, Evangelia Klapakis, is the District Director of the US

Citizenship and Immigration Services in Philadelphia, P A. She is or may be

charged with responsibility over the adjudication and action on the Plaintiffs'

petition at issue here. She is sued in her official capacity only.

JURISDICTION

7. This action arises out of the Immigration and Nationality Act (INA), 8 U.S.C.

§1l01, et. seq. It also arises out of the Administrative Procedures Act (APA) , 5

U.S.C. sec. 701, et seq.

8. This Court has jurisdiction to consider this Complaint pursuant to 28 U.S.C.

§§1331, 1361 and 28 U.S.C. §1651 (the All Writs Act); and 5 U.S.C. §701 et seq.

9. Jurisdiction also exists under the U.S. Constitution, Amendment 5, because the

Government acted arbitrarily and capriciously in denying the 1-360 Petition in this

case, in violation of the laws and regulations of the United States, as well as in

violation of Due Process and Equal Protection clauses of the US Constitution.

10. To the extent that the Government's actions in this matter are not supported by

substantial justification, attorney fees are appropriate. The Equal Access to Justice

as 5 T[J , . ir, lL

the award of costs and attorney's fees to a prevailing party in litigation against the

3


United States or one of its agencies. The EAJA has been invoked to justify the

award of attorney fees and costs in immigration cases. See, e.g., Commissioner,

Immigration and Naturalization Service v. Jean, 496 U.S. 154 (1990).

VENUE

11. Venue properly lies in the Eastern District of Pennsylvania. Respondents

conduct business in Philadelphia, P A. Two of three Plaintiffs also are located in

this jurisdiction.

EXHAUSTION OF REMEDIES

12. Administrative remedies have been exhausted. Plaintiffs have exhausted

administrative remedies as no direct appeal lies from the US CIS denial of the I-

360 petition in this case, since the denial in this case was issued by the

Administrative Appeals Office and no further appeals within the agency are

possible. No direct appeal lies from the US CIS refusal to adjudicate the

subsequent 1-360 petition filed on behalf of Oleksandr Mykhaylyk, Case #WAC-

12-903-45929. Counsel's letters sent to US CIS requesting adjudication of the

petition remain unanswered.

STATEMENT OF THE CASE AND FACTS

13. Mykhaylyk Oleksandr arrived to the US on or about 04/07/2008, in R-l visa

status (See Exhibit" A"), pursuant to an 1-129, petition for immigrant worker filed

by "God's Embassy Church" located at 4010 El Camino Ave., Sacramento, CA

95821, which was the affiliated with "Embassy

God for All Nations Church" Ukraine.

4


14. Father Oleksandr's mission was to establish and develop "God's Embassy

Church" in Philadelphia, P A.

15. On or about, 08/3112009, "God's Embassy Church" located in Sacramento,

CA, filed a pro se form 1-360 on behalf of Mykhaylyk Oleksandr. In this filing,

"God's Embassy Church" was acting as an associated and affiliated branch of

"Embassy of the Blessed Kingdom of God for All Nations Church" in Ukraine.

See Exhibit "B".

16. On or about 11109/2011 (2 years and 2 month after the filing of the 1-360

Petition), USCIS requested additional evidence with regard to the petition, citing a

number of concerns, which were adequately addressed in the response to the

request for evidence, a copy of which is attached. See Exhibit "C".

17. The response to the request for evidence has explained, among other things,

that over the time while 1-360 remained pending before the USCIS, "God's

Embassy Church", in Sacramento, CA ceased to be affiliated with "Embassy of the

Blessed Kingdom of God for All Nations Church" in Ukraine. However, as pastor

Mykhaylyk Oleksandr was successful in his efforts to establish an affiliate of

"God's Embassy Church" in Philadelphia, P A, "God's Embassy Church" in

Philadelphia, PA was being substituted on form 1-360 as full successor in interest

of "God's Embassy Church" in Sacramento, CA in terms of representing

"Embassy of the Blessed Kingdom of God for All Nations Church" in the United

States.

18. On or about 03/2112012, US CIS has denied form 1-360 petition filed on behalf

of Mykhaylyk Oleksandr, noting that the petitioning organization on the Form 1-

360 petition, "God's Embassy Church" in Sacramento, CA under the leadership of

Vassily Beliskiy was recognized as a part of the Embassy of the Blessed Kingdom

of God for All Nations Church's network of churches at the time of filing, but at

the of adjudication there was allegedly insufficient evidence in

show that a valid successor in interest relationship existed between the church in

5


Philadelphia and the church in Sacramento. US CIS claimed that successor has not

adequately detailed the nature of the transfer of ownership of the entity, the

transfer of rights, obligations, and duties. US CIS stated that regulations indicate

that the beneficiary should be coming to the United States solely for the purpose of

carrying on the vocation of a minister of that religious denomination, working for

the organization at the organization's request in a professional capacity in a

religious vocation or occupation, or working in a religious vocation or occupation

for the organization and that the evidence provided was insufficient to establish

that the beneficiary is and will be employed by the petitioning organization. See

Exhibit "D".

19. On or about 04/1012012, the petitioner filed form I-290B, Motion to

ReopeniReconsider the denial, explaining that, first, eligibility has been established

at the time of filing and, second, explaining the nature of successorship in interest

in this case, which was mission-based, not properly-based. See Exhibit "E".

20. On or about 05118/2012, "God's Embassy Church" filed a new 1-360, Petition

for Amerasian, Widow( er), or Special Immigrant on behalf of 1\1ykhaylyk

Oleksandr, Case #WAC-12-903-45929. See Exhibit "F".

21. On or about 06/06/2012, US CIS has notified the petitioner that it will not be

considering the new 1-360 Petition filed on Mykhaylyk Oleksandr's behalf until the

appeal of a previously filed 1-360 is adjudicated. See Exhibit G. On or about

11116/2012, "God's Embassy Church" via counsel, objected to this action in

writing and requested due adjudication of the petition. See Exhibit "I". No

response from the USCIS has been received.

22. On or about 10124/2012, US CIS has denied the Motion to ReopenlReconsider,

stating that first, the party that filed the appeal was not the petitioner attorney. US

CIS found that Oleksandr Mykhaylyk did not file the I-360 Petition, he was not an

affected therefore his attorney has no an appeal on the

petitioner's behalf. US CIS further stated that even if properly filed, the AAO

6


would summarily dismiss the appeal, because the petitioning church was no longer

affiliated with "God's Embassy Church" in Philadelphia where the beneficiary

would be working. US CIS acknowledged the request that "God's Embassy

Church" in Philadelphia should be considered a "substitute" for the original

petitioner but stated, inexplicably, that eligibility must be established "at the time

of filing", citing 8 C.F.R. §103.2(b)(1), (12); Matter ofKatigbak, 14 I&N Dec. 45,

49 (Comm'r 1971) and Matter of lzummi, 22 I&N Dec. 169, 176 (Assoc. Comm'

1998) and that "a petitioner may not make material changes to a petition in an

effort to make a deficient petition conform to US CIS requirements". See Exhibit

"H". US CIS failed to explain why eligibility was not established at the time of

filing the petition when in fact the "God's Embassy Church" in Sacramento, CA

was a part of the "Embassy of the Blessed Kingdom of God for All Nations

Church" at the time of filing and if not for the US CIS unreasonable delay in the

adjudication of the case, would still be at the time of the decision. ld.

23. Plaintiffs respectfully submit that the US CIS denial of the initial 1-360

immigrant visa petition, Case #WAC-09-238-50528, as well as the US CIS

decision to hold the subsequent 1-360 Petition, Case #WAC-12-903-45929, in

abeyance are improper and against the law, and demand that the US CIS reverse

prior denial and/or immediately adjudicate the second 1-360 Petition filed on behalf

of Oleksandr 1\1ykhaylyk.

24. INA Sec. 101(a)(27)(C), 8 U.S.C. Sec. 1101(27)(C) governs admission of

aliens classified as special immigrant religious workers to the US as permanent

residents. To qualify for religious worker status, the alien must have been a

member of a religious denomination having a bona fide non-profit religious

organization in the US. In this case, Plaintiff Oleksandr Mykhaylyk has been a

member of "Embassy of the Blessed Kingdom of God for All Nations Church" and

was US be emnloved bv its affiliated ~ d ~

Church" in Sacramento, CA to expand the Church's presence in the US and to

7


establish a new affiliated church in Philadelphia, P A. When Sacramento, CA

church filed an 1-360 immigrant visa petition on behalf of Oleksandr Mykhaylyk,

he was fully qualified to have his 1-360 approved. Under 8 C.P.R. 204.5(m)(6), the

petition could have been filed by Pastor Oleksandr Mykhaylyk himself, but the

church chose to file for him as his employer in this case. Over the time that it took

the US CIS to adjudicate the case, Pastor Oleksandr Mykhaylyk has successfully

established a Philadelphia, P A affiliate of the "Embassy of the Blessed Kingdom of

God for All Nations Church", but "God's Embassy Church" Sacramento, CA

ceased its affiliation with the "Embassy of the Blessed Kingdom of God for All

Nations Church", leading to the denial of the case, which, Plaintiffs believes, was

improper. The statute here was created with the clear purpose of allowing ministers

of bona-fide religious organizations to remain in the US on a permanent basis. In

the instant case, this purpose has clearly been fulfilled. It is unconscionable for the

US CIS to first delay adjudication for years and then deny the petition solely

because of structural changes, which do not affect the main factual basis for this

case: the Beneficiary was, is, and intends to remain an employee of a bona-fide US

church, which is an affiliate of the same "Embassy of the Blessed Kingdom of God

for All Nations Church".

25. Based on these facts, the US CIS should have allowed the requested

amendment of the 1-360 Petition in this case. Additionally, it was improper for the

US CIS to suspend the adjudication of the subsequent 1-360 Petition, Case #WAC-

12-903-45929, filed by "God's Embassy Church" in Philadelphia, PA on behalf of

Oleksandr Mykhaylyk. The US CIS must adjudicate said petition immediately.

8


COUNT I

VIOLATION OF AP A, 5 U.S.C. §702

26. Paragraphs 1 through 25 are averred to as if fully set forth herein.

27. The US CIS denial of Plaintiffs' 1-360 Petition, Case #WAC-09-238-50528, is

unlawful under the AP A, because it is arbitrary and capricious as more fully stated

above. The US CIS acted arbitrarily and capriciously in refusing to allow an

amendment of the Petitioner on form 1-360, because the structural change here did

not affect the underlying premise that the beneficiary would work for a US affiliate

of "Embassy of the Blessed Kingdom of God for All Nations Church".

Additionally, the US CIS refusal to adjudicate the second 1-360 Petition filed by

the "God's Embassy Church" on behalf of Oleksandr Mykhaylyk in this case,

#WAC-12-903-45929, is especially egregious in view of the fact that in denying

the initial 1-360 Petition the US CIS held that "God's Embassy Church" in

Philadelphia, PA church's petition is totally different from the one filed by "God's

Embassy Church" in Sacramento, CA, but in its refusal to adjudicate the

subsequent 1-360 Petition, the US CIS claimed that both petitions are the same.

This is unconscionable. The APA, 5 U.S.C. §702, allows a person who is suffering

a legal wrong to seek judicial review.

28. Overall, the US CIS denial of the initial 1-360 Petition in this case and refusal

to adjudicate the second 1-360 Petition were arbitrary and capricious and in

violation of APA, 5 U.S.C. §702. It merits intervention by this Court.

COUNT II

VIOLATION OF 28 U.S.C. §1361, THE LAW OF MANDAMUS

29. Paragraphs 1 through 28 are repeated

9


30. The USCIS denial of the initial 1-360 Petition and refusal to adjudicate the

second 1-360 Petition in this case violate 28 U.S.C. §1361, the law of Mandamus.

The action requested of the Government, due adjudication of the applications here,

is a "duty owed to the plaintiff." 28 U.S.C, §1361. The INA places a duty on the

Secretary of Homeland Security and his designates, the Respondents in this action,

to administer and enforce the INA. In this case, the US CIS failed to comply with

the statutory requirements and failed to properly consider Plaintiffs' 1-360 Petitions

as more fully stated above.

31. The US CIS denial of and refusal to adjudicate the 1-360 Petitions in this case

did not involve any exercise of discretion. See Accardi v. Shaughnessy, 347 U.S

260 (1954) (U.S. Supreme Court reversed and remanded an INS District Director's

decision on the grounds that he had not actually exercised discretion). This case

was based on the erroneous interpretation of the law and the administrative

processing requirements by the agency. Failure of the government to properly

adjudicate the 1-360 petitions here and apply the law correctly is a violation of the

type of duty identified in 28 U,S.C. § 1361. Under Mandamus statute, this Court

has the power to compel action to perform that duty, and should direct the US CIS

to reconsider and/or grant the 1-360 Petition(s) in this case, as the Plaintiffs have

established eligibility for the benefit sought. Alternatively, as the US CIS acted

arbitrarily and capriciously in denying and/or refusing to consider the Plaintiffs' I-

360 Petitions, this Court should order that US CIS reconsider its denial and

consider and/or approve the above referenced I-360 Petitions.

COUNT III

CONSTITUTIONAL DUE PROCESS CLAIMS

32. Paragraphs 1 through 31 are

herein.

10


33. Due Process is implicated, because the government can not abuse its authority

or ignore its obligation to act. Accardi, 347 U.S. at 260. The Due Process violation

here is especially egregious, because the US CIS denial of and/or refusal to

consider 1-360 Petitions in this case were arbitrary and capricious. The US CIS has

violated the due process of law by impermissibly narrowly interpreting the statute

and refusing to allow amendment of the 1-360 Petition despite clear congressional

intent to allow the issuance of immigrant visas to bona fide ministers affiliated

with bona fide religious denominations. In this case, where a change was

necessitated by the very fulfillment of the plans for the pastor's admission to the

US, i.e. establishment of a thriving of the "Embassy of the Blessed Kingdom of

God for All Nations Church" affiliate in Philadelphia, P A, over the course of time

that it took the US CIS to adjudicate the 1-360 petition. The US CIS should have

allowed an amendment to the 1-360 Petition since the "Embassy of the Blessed

Kingdom of God for All Nations Church" has clearly confirmed that the "God's

Embassy Church" in Philadelphia, PAis a full successor in interest of the "God's

Embassy Church" in Sacramento, CA in terms of representing the "Embassy of the

Blessed Kingdom of God for All Nations Church" in the US. It was improper for

the US CIS to focus on asset-based approach to successorship in interest here

where it has not been asserted that the church in Philadelphia, P A acquired any

assets or liabilities of "God's Embassy Church" in Sacramento, CA. The nature of

successorship in this case was different, it was one of religious affiliation, and the

US CIS failed to explain in its decision why such successorship would not be

acceptable under the statute, when there is nothing in the statute that should

preclude it. The very basis for the 1-360 Petition here was a connection between the

"God's Embassy Church" in Sacramento, CA and the "Embassy of the Blessed

Kingdom of God for All Nations Church" in Ukraine that was based on a religious

affiliation, and not on monetary transactions or asset ownership. Therefore, once

the beneficiary, who was transferred to the US specifically establish a

11


Philadelphia, P A affiliate of the "Embassy of the Blessed Kingdom of God for All

Nations Church", succeeded in doing so, and the function of representing the

"Embassy of the Blessed Kingdom of God for All Nations Church" in the US has

shifted from "God's Embassy Church" in Sacramento, CA to "God's Embassy

Church" in Philadelphia, P A, the US CIS should have allowed the substitution an

form 1-360 as consistent and complaint with the purpose behind the statute here.

The US CIS further violated the due process of law by refusing to adjudicate the

second duly filed 1-360 petition on behalf of Pastor Oleksandr Mykhaylyk.

34. Overall, the USCIS failure to duly consider and approve 1-360 petitions in this

case violates Due Process as well as the AP A.

CONCLUSION

WHEREFORE, for all of the above stated reasons, Plaintiffs request this Court to

Order the following relief:

(a) Declare the US CIS denial and/or failure to adjudicate Plaintiffs' 1-360

Petitions to be contrary to law;

(b) Order defendants to grant Plaintiffs' 1-360 Petitions, and

(c) Grant Plaintiffs costs and attorneys' fees and such other and further relief that

this Court may deem proper.

Respectfully submitted,

Tatiana S. Aristova,

Attorney for Plaintiffs,

12


IN THE UNITED STATES FEDERAL COURT

FOR THE EASTERN DISTRICT OF PENNSYL VANIA

"Embassy of the Blessed Kingdom of God for All Nations Church", Ukraine and "God's Embassy Church", Philadelphia, P A and Mykhaylyk Oleksandr

Vs. Eric H. Holder, U.S. Attorney General

Janet Napolitano, Secretary of the US Department of Homeland Security

Alejandro Mayorkas, Director, US Citizenship and Immigration Services (USCIS)

Evangelia Klapakis, District Director, US Citizenship and Immigration Services (USCIS) Philadelphia, Pennsylvania

Case No: A#087-705-805

CERTIFICATE OF SERVICE

I, Tatiana S. Aristova, Esq., hereby certify that I caused to be served the

Complaint for Declaratory Judgment, Complaint under the Administrative

Procedures Act and Petition for Writ of Mandamus with attachments with

regard to the above-captioned matter by placing a true and correct copy thereof in a

sealed envelope. with postage thereon fully prepaid and causing the same to be ..ll. ~ ...l. "'-" 0;/",,- ~ f..,..I

mailed by certified mail to the persons at the address set forth below.

13


I declare under penalty of perjury that the foregoing in true and correct.

Executed on 12128/2012.

US DO!, Attorney Office of Immigration Litigation, Civil Division, P.O. Box. 878, Ben Franklin Station,

Washington, DC 20044

ERIC H. HOLDER, JR, United States Attorney General

U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530-0001

JANET NAPOLITANO, Secretary

US Department of Homeland Security, 245 Murray Lane, SW Washington DC 20528

ALEJANDRO MA YORKAS, Director of the

US Citizenship and Immigration Service (USCIS), 425 I Street NW Room 3214

Washington, DC 20536

EV ANGELIA KLAP AKIS, District Director

US Citizenship and Immigration Services (USerS), 1600 Callowhill Street

Philadelphia, PA 19130

Respectfully submitted by:

Tatiana S. Aristova, Esq.

14


TABLE OF CONTENTS

A. Beneficiary's Passport and Visa Documentation

B. Receipt Notice re: 1-360 Petition for Amerasian, Widower, or Special

Immigrant, Case # WAC-09-238-50528

C. Response to the Request to Evidence re: 1-360 Petition for Amerasian,

Widower, or Special Immigrant, Case # WAC-09-238-50528

D. Decision re: 1-360 Petition for Amerasian, Widower, or Special


E. Receipt Notice re: I-290B Notice of Appeal or Motion and Copy of

Appeal re: 1-360 Petition for Amerasian, Widower, or Special


F. Receipt Notice re: 1-360 Petition for Amerasian, Widower, or Special

Immigrant, Case # W AC-12-903-45929

G. Notice of Abeyance re: 1-360 Petition for Amerasian, Widower, or

Special Immigrant, Case # WAC-12-903-45929

H. Decision re: 1-290B Notice of Appeal or Motion, Case # WAC-09-238-

50528

1. Response to Notice of Abeyance re: -360 Petition for Amerasian,

Widower, or Special Immigrant, Case # WAC-12-903-45929

15


E I IT




">":',

":!


· .i. i ;.;

: ~

:;j ..


E I IT


)) If


I IT


KHA VINS01~ & ASSOCIATES, P.C. A PROFESSIONAL CORF10RATION OF ATTORNEYS AT LAW -.

10 Schalk's Crossing Roaal~ Suite 501-295, Plainsboro, NJ 08536 Tel: (215) 355-9095 Fax: (215) 355-9109

users California Service Center P.O. Box 10590 Laguna Niguel, CA 92607-0590

RE:: 'IV AC-0923850528

December 7, 2011

AppHcation: 1-360, Petition for AInera:3ian, Widow(er), or Special Immigrant under section 203(b)( 4) oHhe Act

Petitioner: God's Embassy Church Beneficiary: Mylchaylyk OReksamdr

Dear Officer:

Please be advised that I was retained to represent "God's Embassy Church" with regard to tIme above captioned matter. In response to a Request for Evidence, dated November 09, 2011, endm:ed please find the documentation you requested.

Y Oll stated that you have conducted various visits to the petitioner's place of business and the beneficiary's home and raised certailn Issues in this regard. Attached please find the beneficiary's statement explaining the allieged discrepancies and answering the questions posed. Exhibit 1.

You stated that it is unclear why the beneficiary has obtained IRS 501(c)(3) letter via ICCM. Attached please find a letter from ICCM outlining the benefits affiliation which IeeM provjdes, which has prompted the church tlO apply for IRS 501 (c)(3) via ICCM. Exhibit 4.

You stated that IeCM requires evidence of ordination or credentials from ICeM, which has I](Jit been provided. See Exhibit 5.

You requested evidence to confirm that the petitioning organization in Sacramento, CA llild fh~ church in Philadelphia, PA have a bona fide affiliation. Attached as Exhibit 6 please find a Ketler from the head office of the church in Kiev, Ukraine. explaining that the church in SaCfmITlento, CA was originaUy the main representative of the God's Embassy Church in the US.

r.ul·"'"r'~.., the ehurch is no longer confession, the


church in Philadelphia, PA is its full successor in interest in.terms of the religious representation of the God's Embassy Church in the US. Therefore, in view of this change, which took place on 2010, after the above referenced petition was filed, we respectfully request that you substitute the

• < 1 . • • h h n d' D l' £'11- l' nhi' 1 1 l' ~. 'T'1.. • -- -ongma. petltIOner \'.'ltu. t. e 00 S Lffi!Jassy \...-uurCl11l1 rJ. -IaGmpma, t"A. tHe employer substitution should be allowed, because the God's Embassy Church in Philadelphia, PA was actually listed in the original petition as the actual employment location. Pursuant to regulations at g C.F.R. § 204.5(m)( 4), an alien, or any person on behalf of the alien, may file 1-360 visa petition for classification under INA S:ec. 203(b)(4) of the Act as a section 101(a)(27)(C) immigrant religious worker. As nothing in the regulations precludes such substitution, it should be allowed in the instant case.

You requested to submit a cUTI'enily valid determination letter from the IRS establishing that the organization is a tax exempt organization. Please see Exhibit 7. Additionally, attached pleas,e find proof that the exempt status has been recognized by the State of Pennsylvania. Exhibit 8.

You requested to submit documentation that establishes the religious nature and purpose of the organization, such as a copy of the organizing instrument of the organization that specifies the ]p\lrposes of the organization for the organization. Attached as Exhibit 9 please find a copy of the o1:ganization's By-laws. Attached as Exhibit 10 please find a copy of the organization's ArtIcles oflncorporation. Attached as Exhibit 11 please find proof of the organization's tax ID number. Attached as Exhibit 12 please find proof of the organization's registration and address update.

You requested to submit organizational literature, such as books, articles, brochures, ,eale:ndars, flyers and other literature describing the religious purpose and nature ofthe activities oftb_e organization. Attached as Exhibits 13 please find the churcb. flyer(s). Attached as Exhibit 14 please find the church newsletter(s}. Attached as Exhibit 15 please find church's calendar. Attaclted as Exhibit 16 please find a printout of the church's Facebook page. Attached as Ex.,.l:!ibit 17 lplease find proof of internet posting of the church sermons and events (feel free to download and 'Vl"atch if you wish!). Attached as Exhibit 18 please find printout of the church's website. Attzched as: Exl1ibit 19 please find the chmch literature authored by the beneficiary, pastor Oleksandlr Mykhaylyk. Attached as Exhibit 19 please find church's training materials with regards to "Program for people with addictions: 12 Steps to Freedom."

You requested to submit evidence to establish connection between the petitioning organization in Sacramento, CA and the church in Philadelphia, P A have a bona fide affiliation. Please see Exhibit 6. Please see request to substitute/amend the petitioner in this matter stated above,

You requested to submit evidenee of how petitioner intends to compensate the beneficiary. Please see financial documentation attached as Exhibits 30-32 and Exhibits 39-40.

You requested to submit a religious denomination certification. See attached amended fon'll ii«360, Part 8, Question 6, Exhibit 3~").


You requested to submit evidence to prove religious activity at 220 Geiger Rd. location. Please see copy of the lease agreement attached as Exhibit 25. Please note that the lease provides for automatic extension of the lease upon expiration and that the petitioner is occupying the premises based on such automatic extension. Attached as Exhibit 27 piease find the petitioner's zorl1ng documentation. Attached as Exhibit 28 please find photos of the petitioner's location and other relevant documentation.

You requested documentation to verify the number of staff and congregants at 220 Geiger Rd. location. Please see documentation attached as Exhibit 29. Please see reference letters att2~lChed as Exhibit 34. Please see proof of marriages in the church attached as Exhibit 22.

You requested evidence that the beneficiary for at least 2 years immediately preceding the time of application for admission, has: been a member of a religious denomination having a bona fide nonprofit, religious organization· in the United States and has been carrying on such vocation, professional work, or other work continuously for this 2-year period. Please see exhibit 37. Attached as Exhibit 38 please find proof of the beneficiary's credentials.

LEGAL ARGUMENT IN SUPPORT OF THE PETITION

Secti.on 203(b)(4) of the Act provides classification to qualified special immigrant religious workers as described in INA Sec. 101(a)(27)(C), which pertains to an immigrant who:

(i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization· in the United States;

Oi) seeks to enter the United States-

0) solely for the purpose of carrying on 1true vocation of a minister of that religious denomination, (II) before October 1,2008, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or (III) before October I, 2008, in order to vifork for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986) at the request oftne organization ill a religious· vocation or occupation; and (iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i).

In the instant case, the petitioner and the beneficiary have satisfied the above listed requIrements. The beneficiary has pll'Ovlded proof of the two-year period of experience required under the statute. The position offered to him is a traditional religious function: the duties of the position are directly related to the religious creed of the denomination, specific prescribed religious training or theological education is required, the position is defined and recognized by the goveming body ofthe denomination, and the position is a permanent, full-time, salaried occupation 'Ivithin the denomination.


comprehensive description ofthe congregation to establish that the church is a true and bona fide organizationo The documentation provided establishes the petitioner's ability to pay the proffered wage, so fulfilling the requirements of 8 CFR §204.5(g)(2). The job offered is bona fide, as indicated by a specific amount of remuneration and the amount of wage offered. The religious organization here has established that it either has or is eligible for the tax-exempt status accnrding to Internal Revenue Code §501(c)(3) as it relates to religious organizations, spedlficaHy §170(b)(1)(A)(i\ 1

Based on the above, the petitioner has established eligibility for the benefit sought under Section 203(b)(4) of the Act. Therefore, I respectfully request your approval ofthe underlying 1-360 petition.

Very truly yours, .-"-,,, - - --==-=.~",.", ... "

<::..~ ~~-= Tatiana S. Aristova, Esq.

1 Under the INA, a U.S. nonprofit, religious organization or a nonprofit, religious organization affiliated with a qualified religious denomination, is eligible to benefit from the Special Immigrant Religious Worker classification. However, the AAO has taken the position that only a religious organization classified as a "church" can benefit from this Bp,~cial Immigrant Religious Worker dassi.fi.cation. On December 17,2003, USCIS issued a guidance memDrandum stating that I-360s should not be denied merely because petitioner is not a "church" under § 170{b)(l)(A)(i) of the Internal Revenue Code of 1986, and that an organization may qualifY if it can establish that its tax dassification was based on religions facwrs and that it operates under principles of a particular faith. Examples of such tax~exempt organizations include colleges, charitable organizations, and similar "non-church" entities affiliated with a religious denomination (i.e., Catholic Social Service, Lutheran Children and Family SenrictB, the Mennonite Central Committee, etc.). USCIS Memorandum, "Extension of the Special Immigrant Relig)lous Worker Program and Clarification of Tax Exempt Status Requirements for Religious Organizations" (Dec,. 17,2003). Most recently on March 9, 2004, USCIS confmned that other organizations under § 170Cb)(1 )(A) of the nte may qualify for this Special Immigrant Religious Worker classification. USCIS has instructed its field officer£ to consider evidence that establishes the religious nature and purpose of the organization, apart from IRS documentation, when determining whether the Drganization qualifies as a religious organization. See Letter from A;",·"wc~.t,. P. Associate Adjudications Law USeIS, to Elizabeth J. Bedient

(Mar .. 9, 20(4).


De~an:Ir!\ll~"\llt of HomeKand Se~urity U S~ Citizenship and Immigration Services .c. 1-797E, Nonce of Action .. .- ie .,,;, 11.# ", . API!>l,ication!Petltion

1-36(j, lPetition for Amerasian, Widow(er), or Special Itnm!grant Rf'l:eip,ttll: App~cation/l'eil:ltiioner

'I\:IV A01)9231850528 God'S Embassy Church N~lti",~ Date . Pa e • Bl!llIJeii~iary

g lofS\ Myl;haylyk, Oleksandr

GOlD S EMBASSY. CHURCH 40J[!J]' EL CAMINO AVE SAC'RAlIVtENTO, CA 958211

Intent to Deny Processing Coversheet

IlElrURN THIS BLUE PROCESSING COVERSHEET ON TOP OF YOUR RESI-ONSE TO THE INTENT TO DENY.

;

N.((Ite: You ue given until DecentbeIt2:. 2011 in which to submit the requested information to the mdl1llB'ess at the bottom of this "Donte,

RESPONSE T(}l AN INTENT TO DE~ry

Foil' mOli'(~ information, visit our web8~te at 1~v'VWeUSciS.gov (QI;rcaU ~Isat 1-800-375-5283

i Teleph,al]lc serect) for the hearing .hn~ajlred: ]~nOO-76i-1833

L CSC13(J~ ws,mo' DW I1I TLA

You will ilJ~ llll1»tifiedl separately about lllllY IIDtln;er Illpp!ic:lI.ltions or petitions you filed. Save this notice. Please enclose a copy orit JIf YOJill wriill:e to ns :l.tbout1: this case; or if YOlll m~ al!lll!)therr :mpplication based On this decision. Our address is:

\UseRS - C il'LIFOIW.NlIA SERVICE CENTER lP.O. BOX TIiIl'~90. ILAGIUNA NIGUEL, CA 92607-0590 t~O\Jl-37S<>521J3

1111111111111111111111111111111111111111111111111111 11111111111111111111111 WA C09238S0S28

I

I

Form 1-797E (Rev. 05105106)


Page 2 \l1/AC-09-238-S0S28

N"O'rICE OF INTENT TO DENY

nle petitioner has filed Form 1-360, Petition for Amerasian, Widow or Special hnmigrant, pursuant to section

203(b)(4) of the Immigration and Nationality Act, seeking classification of the beneficiary, Oleksandr Mykhaylyk.

as a section 101 (a) (27) (C) special inunigrant religious worker. The Director, California Service Center, U.S.

Citizenship and Immigration Services (U;;CIS) intends to deny the above petition.

When a decision will be adverse ta the p=titioner that is based on information considered by the USCIS and of w~lich the petitioner is unaware, the users must notify the petitioner and allow a period of time far the

I

petitioner to rebut the information. 8 C.F.R.l 03.2(b)( 16)(i) states in pertinent part;

If the decision will be adverse to the applicant or petitioner and is based on derogatory information considered by the uscrs and of which the applicant or petitioner is unaware. he/she shall be advised of this far:t and offered an opportunity to rebut the information and present information lin his/her own behalf before the decision is rendered ...

g C.F.R. 204.5(m) (12) states:

Inspections. evaluations, verifications. and compliance reviews. The supporting evidence submitted may be verified by USGS through any means determined appropriate by USGS, up to and including an on-site i.nspecti.on of the petitioning organization. The inspection may include a tour of the organizaltion's facilities, an interview with the organization's officials, a review of selected organization records relating to compliance with immigration laws and regulations, and an interview with allY other individuals or "review of any other records that the users considers perlinem n:o the integrity of the organization. An inspection may include the organiZaJtion headquarters, satellite locations, or the work locations planned for the applicable employee. If USCKS decides to conduct a pre-approval inspection, satisfactory completion of such inspecdon will be a condition for approval of any petition.

The USCES is in possession of the follOwing information:

On April?, 2008, the uscrs conducted a "ite visit at the petitioner's address, 4010 El Camino Ave., Sacr.lmento, CA 95821. Upon arrival at the petitioner's address, the USCIS officer concluded that the facility

VFas being used by several different busine3ses. However, there were no signs or other items posted identifying

the petitioning organization at ~he site. A phone called was placed on the same day but was unable to reach

anybody. A message Was left idelIlitlfying himself and a call back number but the petitioner never called back. On April 28, 2008, another call WaJS placed 1:0 the petitioner's phone number but was again left unanswered

and another message was left for the petitioner to contact the USCIS officer. The petitioner never returned the all.

www.llscis.gov


\iVAC-09-238-S0S28 P<lge 3

Since no one was available at the petitioner's. address at the time of the site visit and phone messages remained

unreturned, users was unable to verify the existence of the petitioning organization and the validity of the petition.

M: such, a Notice of Intent to Deny the p'etition was sent to the petitioner on August II, 2010. The petitioner re:;ponded to the notice on Aug1JlSt 18, 2010.

However, on September 27, 2010, another compliance review site visit was conducted at the beneficiary's ;~.ctual work location at 220 Geiger Road. Ste. 10 I, Philadelphia, PA 19115. Again, there were no signs ·",dentifying the petitioning organization at ~hat address.

Th.e oHicer then proceeded to the alternative address listed on the petition at 9921 Bustleton Ave., Philiadelphia, PA 19115. Thi.s location is identified as the "New World Association ofImmigrants". a nonprofit support center for Eastern European immigrants. The officer spoke with the manager of the center, IvI;lrina Lipkowskaya. Ms. Lipkowskaya leneVl' of the beneficiary and his church on Geiger Road and used to let the beneficiary's church teach computer clillSses at the center. She has since lost contact with the beneficiary .,bout a year and a hallfbefoJre from the officer's visit. When the beneficiary was interviewed, he claimed that he had used the support center for church services, addiction counseling, and computer classes that were taught by hi.s wife.

The oOlcer then proceeded to the beneficiaJry's home at 9921 Bustleton Avenue, Apt. M3, Philadelphia, PA 1911 S. The officer was met by the beneficiary's wife who claimed that the beneficiary was at the office. She made a phone call to the beneficiary at the address on 220 Geiger Road and he agreed to meet the officer there.

Dming fue interview of the beneficiary, he claims that he also runs a missionary training program. drug and alcohol counseling. and youith programs t}uough his religious organization. However, the beneficiary did not provide any evidlence of the cOimection between theses activities and his church. It has also not been es.t"blished where theses groups conduct their programs. The beneficiary claims 1 5 0 persons are in his oJJD.gregatioIl and that typically 80 persom: at(;end Sunday services. A copy of the IRS so 1 (c) (3) letter from the

petitioning organization in Sacramento, CA was included in the evidence with the initial filing of the 1-360 pet.tion. However, it was discovered that the beneficiary obtained another IRS 501 (c) (3) letter through the 1I1~ernaltional. Congress of Churches and M.nisters ("teCM"). The beneficiary claimed that it was beneficial to h,we established the 501 (c) (3) ~ax exempt status from more than one source. According to the officer. the ICCM charges a fee of$650 for the privilei~e of using their 501 (c)(3) letter, and $450 to obtain the Articles of Incorporation. plus ICCM reqUires that the Pastor of the church obtain ordinatiOn or credentials from the ICCM. Evidence of ordination. or credentia.ls. from ICCM has not been provided. It has not been established why the beneficiary felt it necessary to obtain another IRS 501 (c) (3) letter through a third party. Furthermore, it has not been demonstrated with convincing evidence that the petitioning organization in Sacramento, eA and tbe Jrgcmitzation in Philadelphia h.we a bona fide affiliation.

The beneficiary is not clearly cligible for classification under this section. Therefore. the petitioner is afforded thirty (30) days from the date ofdhis notice to> submit additional information, evidence or arguments to support the petition,


WAC-09-238-S0S28 Page 4

The petitioner is also requested to provide the following evidence:

INFOm.fATION ABOUT THE RELIGIOUS ORGANlZAJ'ION

lP/,ona fide or~zation that is affiliated ,,!lith the religious denomination. Provide the following: * A currently valid detennination letter from the IRS establishing that the organization is a tax-exempt

organization; * Documentation that establishes the religious nature and purpose of the organization, such as a copy of the

organizing instrument of the organizatio~tll:hat specifies the purposes of the organization for the organization at no Geiger Road, Unit 10], Philadelphia., Pi\. 19115;

* Organizational literature, such as books, articles, brochures, calendars, flyers and other literature describing the religioUls purpose and nature of the activities of the organization at 220 Geiger Road, Unit 101, pJ:jladelphia, PA 19115; and

»: A religious denomination certification. The religious organization must complete, sign and date a religious denomination certification certifying that the petitioning organization is affiliated with the religious :lenomination. The certification is to be submitted by the petitioner along with the petition.

iReRigjolllls Connection: Provide dOC1llmeilltary evidence to establish whether a connection exists between the petitioning organization in Sacrrunento, CA, and the church where the beneficiary has worked at 220 Geiger }l~oad. Unit 101. Philadelphlta. PA 19115.

~ompellsation: Submit evidence of how the petitioner intends to compensate the alien. Such compensation may include r,alaried or non-salaried compelllsation. The petitioner may provide certified tax returns, audited fix;~andal statements and reports, budgets showing monies set aside for salaries, leases, etc.; verifiable do~ume:ntation that room and b08Jfd will be provided; or other comparable evidence. ]RS documentation, [ll1ch as lIRS Fonn W-2 from all employee~~ of the petitioning organization including the beneficiary for the ;.r~;ars 2009 and 2010 must be provided. IHIRS documentation is not available, an explanation for its absence must be provided. along with comp&<rable, verifiable documentation.

I~~titloll1e:r Locationg Subrrrit documentary evidence to prove religious activity at at 220 Geiger Road, Unit ) 01, Philadelphia. PA 191 IS. Submit evidence such as the petitioner's lease agreements, rental agreements, <IJDi.dior mortgage payments; :a copy of the cHy or county fire department occupancy permit for the petitioner's larr.:ation; copies ofutmty bills and te1eph::ln.e bills; advertising; color photographs of the petitioner's location, hoth inside and outside the buHding,

F&l~'yees ~md Congregallllt§ @ Number of volunteer and paid ministers and staff serving the petitioner's church (~ Size of the congregation, suhrrllit a current membership directory verifying the total number of

actual congregaflts a~ 220 Geiger Road. Unit 101. Philadelphia, PA 19115.

INFORMATION ABOUT THE RELIGIOUS WORKER

Jlli.1rk Indoi!!: Provide evidence that the beneficiary has been working for at least the two-year period immediately preceding the flUng (lEthe petition in one of the following positions.

vocation of a rrJinistelf of the religious denomination <!) a religious voca~ion ei~her in a professional or nonprofessional capacity


WAC-09-238-S0528 P3.ge .5

• religious occupation either in a professional or nonprofessional capacity

Provide experience letters written by the previous and current employers that include a breakdown of duties performed in the religious occupation for an average week. Include the employer's name, specific dates of employment, specific job duties, nmnber of hours worked per week, form and amount of compensation, and R~wel of responsibility/supervision. In addition, submit evidence that shows monetary payment, such as pay stubs or other items showing \the benefic:iary received payment. If any work was on a volunteer basis, provide evidence to show how the beneficiary S":Jpported himself during the two-year period or what other activity the b\enefidary was involved in that would show support. If any of the experience was gained while working in ik!e United States provide evi.dC!ClCe that the beneficiary was employed while in lawful status.

NOTE: Each experience letter must be written by an authorized official from the specific location at which tlte eXI)erience was gained. The lPetitioner may only write an experience letter for the experience gained at the petitioner's location.

If there was a break in the continuity of 1ne work during the preceding two years explain the reason for the break..

F.cilure to respond to this request may result in the denial of the petition.


TABLE OF CONTENTS

1. Statement(s) by Oleksandr Mykhaylyk in support of RID. 2. Amended I-360, Petition for Amerasian, Widow(er), or Special Immigrant 3. Form(s) G-28, Notice of Entry of Appearance

JlDetitihrmer's (GOD'S EMBASSY CHURCH) registration and taxation documentation:

4. ICCM letter, outlining the benefits application with ICCM, concerning 501(c)(3) status.

5. Evidence of ordination and credentials from ICCM. 6. Bona Fide Affiliiation, identifYing connection between the petitioning

organization in Sacramento, CA and the church in Philadelphia, P A. 7. IRS valid determinatIon letter, establishing the organization's status as a tax

exempt organization. S. Proof of petitioner's exempt status by the State of Pennsylvania. 9. Petitioner's By-Laws. 10. Petitioner's Articles of incorporation. 11. Petitioner's Tax ID Number. 12. Petitioner's Registration. and address update documentation .

. PetitioJller's (GOD'S El\IIDASSY (CHURCH) organizatil[)nalliterature and ~Bl.dveJrtilsing materials descll:'ibing \l:be religious purpose and nature of the activities of ltlhe organization:

13. Church's Flyer(s) 14. Church's Newsletter along with a testimony of one of the church members,

Irina FHimonova. 15. Church's Calendar. , 16. FacebookprintollJlt of the church's page. 17. Internet posting, confim.dng church's sermons and events. 18. Church's website printout. 19. Church's literature authored by the Beneficiary. 20. Church's training materials with regards to "Program for people with

addictions: 12 Steps to Freedom" 2 L Church's pen 22. Proof of marriages in the church. 23. Photoes) of church activiHe:s

Jni([]cumentation confirmiltng the lo«::atnon of the organization:

24ft Proof of a new signa 25. Lease Agreement(s) for 22@ Geiger Rd. as a proof of religious activity. 26. Church bills (Water bill, PEeO, PGW) 27. Church's zoning .n:r\(","11"np'·",·,cry,ru'.",


28. Photos ofthe church's location along with supporting documentation. 29. Verification of staff members and congregants at 220 Geiger Rd. 30-32. Financial Documents:

- Income Statement" FY 2010 - Bank Statement(s) for Non-Profit organization from PNC Bank

October, November 2011 - Bank Statement(s) from American Heritage - September, October 2011

lP'ditiolller's proof of reliigill)u.s denomination:

33. Amended I-360, Part 8, Question 6, indicating religious denomination certificate fonowed by certificate.

Recommendatiolll and Support Le"U:er(s):

34. Beneficiary's reference letters along with identification documentation: Irina Filimonova's, church member, support letter and ID. Sofya Davydova's, church member, support letter and ID. Rafael Sergeev's, church member, support letter and ID. Ludmila Remorenko's, church member, support letter and ID. Lilia Chekanov's, churdll member, support letter and ID. Anton Andreyev's, church member, support letter and ID. Maria Guralnik's, church member, support letter and ID. Larisa Khomenko's, church member, support letter and ID. Moisey and Anna Faynennan's, church members, support letter and ID's. Natalie Dushin's, church member, s"G.iJjx:::-t le-:ter :::~d ID. Nadiya Kokhan's, church member, support letter and ID. AlIa Dvoskin's, church member, support letter and ID Oksana Chubok's, church member, support letter and ID.

34-A: Anton Andreyev's, board member, recommendation letter 34-B: Marina Upkovskaya" Executive Director of the New World Association,

verification lettero 34-C: Vasiliy Biletskiy, Senior Pastor at Kingdom of God Missionary Church,

previously known as Embassy of God church, verification letteL

Belllleficiary's Personal D([)l(;umentlltion:

35. Passport, Visa, and 1-94 documentation 36" Letter from the Main church in Kyiv, Ukraine, confirming Pastor's education

in Pastoral Ministryo 37, Proof of2-year religiom" denomination by the Beneficiaryo 380 Proof of the Beneficiary9 s credentials. 390 Beneficiary's paystubs

Beneficiary' § 1


41. Beneficiary's wife, Iryna Mykhaylyk, passport, visa, and 1-94 documentation. 42. Beneficiary's san, Sunday Mykhaylyk, 1-94 form. 43. Beneficiary's san, Artem Mykhaylyk, 1-94 form 44. Beneficiary~ S S011., AleJ:::a.nder 1,1ykhaylyk, birth certificate& 45. Beneficiary's daughter, Grace Mykhaylyk, birth certificate.

46. Photoes) as a proof of Beneficiary's residence at 9921 Bustleton Ave. M-3.


EXI-IIBIT -1


Sbltem~l~t ()fQlek1andrMYldtaylyk In SUP'[H)rt'Qfl-36D Application·'

lam. providlng: this staie!ment In.r~$ponse t(,l the investisative report as surnrmariz.cdinRhe·requesf( for ·evidenCtlissued by the USCrs in tnycase. Flrst~ I would. like Koru:l!dress .a.concerri~· $iS stattldl by. the irrvestlgative off Icer, that our. church premloos hadno'otitsidc signs vlsiMe a~th(3 .dme or itrspec.Hon.Please note that (JUt' .cnuren address to UwprinclpteQ! modestyelud t~um excessive. po.sting of signs promoting .. our church is not :ncc~ptable.· 'Neverth.el©1ls,'i\w lhllida small sign ide,utifyiugour organi'l;}!ion next to the: entrance to outbuilding. Shortly 'rr'OiSeptember 27;2010 the oJdsigl1Wils removed as not Sat1sfiactorywlymoreand.'ive·l'equ(,$1ed "AffO'roable l~rick's $igns" company to make tbf JUS alt1ewsign;.;which;wa!)jcompR~t~dinOclllber{see ietterfl'omthe cOil1panyauached 11ere~o) •. Second!i please stillltletnal' ltlle USClSitlvestigative.ofl1cerwas informed about this

,..l "f=..1 "', .... i. .. . ~. '., ..... . ..1...:. . L ·1 ('S .. .•.. . .... ·tt· ·'h .d L. t) Mu Wa,i mVh,l.iu~{} corne lJac~;mcine montu; to see tile res.ult ' . ..: ee pIctm:'ea. ftC e. uere 0,

. '9921 BustletOlll A \1f~.~PhHad()lphla~ PA .191Uisnot the addressofth.e NewWodd Asoociation; The . correct 1I1dtlhr,e,ss is: 9857 Busti.6totl Ave~. Philade~phia. .. PA '19115 (See platn.l!fe ;llttached hereto).

We used. tnepremises ofth1e New \Vodd Association to teaenout constituents the basiec.omputer skiUsusingtilleNrew World Assoe{aHontg computer e:la~s, gO that they r:ou].dj'access.our website: and JOt gel1leral tife· skiUsadvancement purposes because as true believers d(\\u'tj1lllst preaiC11 ·bi\lt also offet practical help:.. 'lllereJ ·wealsoconducted c]ru;$esfor people withoodietil.1l1 p['oblemsand biMe.c.(rulses wlIerepeopte: studied bible. When tEte number ofpeojfJ]e who vi(Sited·bIOle classes grew; we ch;;ulged location to 220 iGeiger Rd.~ lJni~ 1 m~. Phn~d{tFphij~ PA 191 15.

1 wnsatthis locat]onand"I~;orked on.materiais tor our·clmrchservice when the USC]Sofficercame trin'l~etwlth me. When1heoffieermet with me and asked nboutoi1r mInistry. I toldhinl that Imn. apatttt),l'oftheEmb<lssy QfGodChutchin phUadeiphia, P A., ditli,,"!;loroftne bibte· schoo~,_d Itt~.twehad a. special. ptQgfam for people with alcohol and· drug prohlems· and.]( ·lPe~ona lily ied: s'Ome classes in this .progmm.lpresented to the officer Qur· church. .flyel~s'rIl\i'iJlh t~~~ti.monies It.,{ .. to reHgiolL'i expenences of· oUfchufch members"BiblejJQan[1llli::~,2saM':tto know the truth and truth win you fre¢'\ SO we are chutcnc6mmHw;di. oursel\:es tohe]ppeople:befr~j'rotn any Idmiofaddiction.


Same ~~~h YOlllthp.ll'j~gnltriJll our chun,;b. live; care about youth (fnd have dev(':1oped :'l( program eili' nO\J,tto' bel.p jtot!:fig peoplehuve high motal st:tmdards~ honor theil" parents ",,,,d he. o"'nii dt<17f"""!" . A'. \1 frl~e,j;1~ '''''i{';'''r'~'ll,q flre! ~eilu .. ·l.'Y! .... t""""'i"'!'.fiE;n nt· ...... ·i:f'i"'hnr;"h :\It "J.O c,ilt.l;5;,..,,- ~'c...,... ~';)-V""""""'.""'''''' .1l_,,~~J.;)'~ . ~.~ ~ .... ~ .. _·"fl ..... J:".) -.-<~ .. ,~,,",.J ... ~ -..".,.".'ftol:- t~ ........... ",~ ."~'''=1.i';t:.''''''lI.lU;'y.:I!l",:or,r--. """'~' ;'/~'" ..... ~'!I_."c,,:.!l _II!' .. ~- ....

Oeigcr Rd., Unit: lOl,P.i:liiISlde1pM8J" PA 19f1S. aeeordi.ngtO{lUf ch'l!froh schedule, Bxaulple of our church schedtnle fet :the wee:knhead wfi:spresenl'ed to theo,itcr.

i\ttacned .hereto.ple~'$(l jlmR the list: of 1 01 n1embe~' of the church, \\Ie abj(') httve ,~4 people who are ser'llingfin the cf:mrcl1 On a volunteer basis. Officerwa,» invited to come i:oourSullldny sC'Jfviceto"reltif'y all thllf;informut.krn,

r believe that ~.t\ja religIous organization. we.al'e held to nl1igh standard, and 1 pay l;ltJirticul:ar a1tentiontokeep~ftg all (VUIi' activities rllorder~.I \vas adviscdby Pastor DavidT, IDetilola, fronl ~~Ftlith ,F'.elloWiShip·· Ministries:'~ ~lt .2107 Mnln Street Ext. StlyerVme. NJ 0837:2" .to ,get ·iutOl,lCh with Dr. ChltwOQd~ ICC~1.· to get aSiiistnnce in,' keeping aU. (Jut jfi!n.meial Iti(jcnments ino1t'act. An(~1' di:~eussion with the b:ade:!':5hip of our church in $acrruneilto~CA·andinKiev}'iLJkraiI1e;, \\>;e decided to became amUatedwith lCCM.

The fbenentsrrom partnership with teeM include; ",][RS compliance and rel)o:rtl:ing; ,,]1,1onthly bookkeeping and fimtnckd S'ervfces (plea.~esee tbe leuer provi,ded by'{CCM),

I was surpr.1sedto seeirr the report that I did not provide: the {!'vidonce {).f

(})rdirmtion and credentJlals frdm ]OCJvl:.my ICCMcard \\'as.not only provided to' but WEl!!

alJSotike!u by' the' officer. I tried toill1d this officer itnd tt)re4}Udt toretutn my card" but since lite did n()tprov~d'cme''!;1!,11h hi,gcard oranycot1ifaet il:lfo:rl·tifttion, ,sUmy attempts \Nel"1~ llltls:uccessfut,

The chtlrcn.in. Sa'C:nltrilento'\i\i~{ ll:le,tlrstcnurcll started itl the USA by the' Embassy of God Church and. it hllRd overy. hllportant roTe in helping: the misskmaties :&on1 our ehUJi'chblc,ometo the USA~11d ~:t!!rtchurchesincitieswithhigh concentration of the r~,usllian ... ,spea.ldng . poplllhttion) soatuu we . eml minister them !uiii heJpthcm to solve jJroNemsand altlK) to 'find God and :serve lUmj as 'in the HolY Bihle,

I hopc.thZit theinibmfl8llon {(his letter and the rest of the brtbrmntionprovided in It-tis: sYJbtlllissioDwiUhelp you h.'l m~Lkt()lthe right decision.

God Mess you! 8itu:e~'e~y"


EXHIBIT-2 .


Depllllrill11ent of Homeland Security

OMB No. 1615-0020

1-360, Petition for Amerasian, U.S. Cili:zenshlp and Immigration Services Widow(er), or Special Immigrall1t

eM 111II1II

jn.~RT HERE - Type or print ill b!1lick ink ~-~~nw nrcwiFJWI9W.1'C

Pam"/" 11. Information About Person or OIoganization Filing This Petition (Individuals use the top name nine; organizations use the second line.) If you are a self-petitioning spouse m: child and do not want USCIS to send notices about this petition to your home, you may show an alternate mailing address here. If you are filing for yourself and do not want to use an

~_=.21ternatemailingaddress.skip tlO Prot 2.

lla. F:m:,ily Name llbo Given Name N/A N/A

Ie. Middle Name N/A

2. Company or Organization Name

"THE: EMBASSY OF GOD" CHURCH (EMBASSY OF THE BLESSED KINGDOM OF GOD FOR ALL NAT

.2\0 Address - CIO ALL}o DVOSKIN

,t Sll.re~t Number and Name

220 G:O:IGER ROo

6, City ~ PHILADELPRIA

I ~AState or Province

Is. Apt.' 101

Il, Country USA

H). U,S. Social Security Number n, A-Number

N/A N/A

Part Z, CtassUication Requested (Cliled{ one):

9. ZiplPostal Code 19115

12. IRS Tax # (if any) 75-3223847

.==--------------------D ~. Amerasian

o lb" Widow(er) ofa U.S. citizen

D 1\:, Special Immigrant Juvenile

[ill do Special Immigrant Religious Worker

Will the alien be working as a ministel'? ~~ Yes D No

D leo 3lPeciai Immigrant based on employment with the Panama Canal Company, Canal Zone Government, or U.S. Government RIll the Canal Zone

o Jt Special! Immigrant Physician

o 11, Special Immigrant International Organizatiml Employee or family member

D ill., Special Immigrant Armed Forces Member

o n, Self-Petitioning Spouse of Abusive U.s. Citlze[l or Lawful Permanent Resident

D j« Self-Petitioning Child of Abusive U.S. Citizen or Lawful Permanent Resident

D IL Special Immigrant Afghanistan or Xraq Natiol!1al who worked with the U.S. Armed Forces as a translator

D i, }jpecial Immigrant Irffiq Natioll1lal who was employed by or on behalf of the U.S. Govemment

Ill, Other, explai.n:

--For usc:rs Use Returned Receipt

Reloc Sent

RelocRec'd

o Applicant o Interviewed Beneficiary

I-485 Filed Concurrently

Bene "AU File Reviewed

Classification

Consulate

Priority Date

Remarks:

To ne Completed By o Attorney or Represelltative, if any Fill in box if Form G-28 is attached to represent the applicant

VOLAG#

A TrY State License #

Fonn 1-360 (Rev. Oll181l1)Y


Part 3. Information About tine Pelrsl()][]I f01' Whom This Petition Is Being Filed

lla. FarniJiy Name (Last Name) MYKHAYLYK

:t Addlnes!l = C/O N/A

Tumber and Name 3:to Street}\ 9921 B'J:: ,TLETON AVE.

40 City PHILADEI ,PHIA

60 CountlrJ USA

l

Birth 3. Date of (mmlda

12/18/19 Vyy'w) 71

9. Country of Birth

UKRAINE (USSR)

Ie. Middle Name N/A

3b. Apt. Number

M-3

5. State or Province PA

7. Zip/Postal Code 19115

10. U.S. Social Security # 11. A-Number (ifany)

208-82-8763 087705805

Uo l\lj[aritaX Staius: D Single [g] Married D Divorced D Widowed

D. Complete the items below ifthis person is in the United States: --------,-------------------------------------------

04/07/2008 :ll. Date of Arrival (mm/ddlyyyy) e. 1-94Number 462784163 19

EXPIRED b. Curr(nt Nonimmigrant Stanis . EXPIRED d. ExpIres on (mm/ddlyyyy)

---~.~.-.---------------~~~-=--~~------~------------------------------------Part 4l. If'roctessing InformatitLm

llo Provide infonnation on which U.S. consulate you wr,nt notified if this petition is approved, and if any requested adjustment of statm cannot be granted.

Illo U.S. Consulate: City I<IEV

------.~~---,------------,

10. Counby UKRAINE

20 Ifym:.l gave a U.S. address in Part 3, ]print the person's foreign address below. If his or her native alphabet does not use Roman l(ettem, print his or her name and foreign address in the native alphabet.

.~~--~~~----------------------------------------1Il0 Name b. Address OJIEICCAH.I\P MVIXAIlrJIVIK YJI. KOMapoBa 15, EOpMCnOJIb, KMeBCKaJI 06JI. YKpaMHa

c. (]render ofthe person for whom this peHtion is lheing filed:

1[10 l\rt~ you filing any other petitions or applicatJon§ with this one,?

<fl. Is the person this petition is for in deportation or removal lpro ceedings?

fo Ha" the person for whom this petition is being filed ever worked in the u.s. without permission?

g, Is an application for adjustment of s,tatus att8ched to this ]petition?

IIIIIIIIIIIIIIIII~II'IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII

[RJ Male

[RJ No

[RJ No

[RJ No

IVl "'T~ l.0J .L~V

0 Female

0 Yes (How many?

0 Yes (Explain on a separate sheet of paper)

0 Yes (Explain on a separate sheet of paper)

n Yes (Attach a rull explanation) L.J

Form 1-360 (Rev. 0l118111)Y Page 2


Pan·t~, Compllete Only If FiIilllg :ill Spel!!nal Immigrant Religious Worker Petition

Employer Attestation

li. Provide the foHowing infonnation about the prosiPec~ive employer:

:Ill. Number of members ofthe prospective emp!cY,ilf's organization:

lb. Number of employees working at the same location where the beneficiary will be employed:

1::. Number of aliens holding special immigrant 01' nonimmigrant religious worker status ClliTentRy employed or employed wi~hin the past 5 years:

dl. Number of Special Immigrant Religious Worker 1-360 and Nonimmigrant Religious Worker 1-129 Petitions submitted b)f the prospeGtive employer within the past 5 years:

2. Has the alien or any of the alien's dependent familiy members previously been admitted to the United States for a period of stay in the R dlliSsifieation for the last 5 years?

If "Yes," complete the table below. List the alien llnd any dependent family member's prior periods of stay in the R classification in tih" tinited State:s for the last 5 years. Be sure to ligt o:nly those periods in which the alien andlor family members were actually in tihe:, lTnited States in the R classification. .

NOTE: Submit photocopies ofFonn I~94 (Arrival-Departure Record), Fonn I-797 (Notice of Action), andlor other US CIS do(:uments identifying these periods of stay in the 11'.. dassification. If more space is needed, provide the information on additional sht:ets· of paper. '---'

Period of Stay (mm/ddlyyyy) Ali:i©JO or Dependent Family Member's Name

From: To: f---

OLEKSANDR MYKHAYLYK 04/07/2008 104/07/2011 1----

IRYNA MYKHA,YLYK 04/07/2008 04/07/2011

SUNDAY MYKHAYLYK 04/07/2008 04/07/2011 f---

ART EM MYKHAYLYK 04/07/2008 04/07/2011 ------ I

----------_. --

! 111~li ~IIIIII~I ~1111~11111~lil ~III ~II~ IIII~I ~~ IIII~IIIII~I ill 111111 ~III ~II~III ~III illllllllllll~IIIIII~I~ 11II ~IIIIIII Form 1-360 (Rev. Oll18J11)Y Page 5


~" ProvIde a summary of the type of responsibilities of ~hose employees who work at the same location where the beneficiary will be employe(t If additional space is needed, provide ",:he lnformation on additional sheets of paper.

Positlm 1 Summary of tIne Type of Responsibilities for That Position

PASTOR SEE ATTACHED

4. Descdbe the relationship, ifany, betweelIll the religious organization in the United States and the organization abroad of which the aliien is a member.

IEMBJ.\.SSY OF THE BLESSED KINGDOM OF GOD FOR ALL NATIONS, PENTECOSTAL CHRISTIAN, CHURCH IN

LEADERSHIP OF PASTOR OLEKSANDR MYKHAYLYK.

[

KIEV, UKF.AINE IS THE HEAD ORGANIZATION OF ALL THE EMBASSY OF GOD CHURCHES WORLDWIDE, INCI~UDING THE ONE AT 220 GEIGER RD. SUITE 101, PHILADELPHIA, PA 19115, UNDER THE J

5 Pmvide the following information about the prospe:ctive employment:

$). Tide of position offered.

~"STOR" _____________________________________________________________________________ ~

lb. Detailed description of the alien's proposed daily duties. ------------------------------------------------,

CONDUCT CHURCH SERMONS AND PRAYERS; TEACH RELIGION AT THE PHILADELPHIA, PA BIBLE SCHOOL AND AT OTHER CHURCH BRANCHES; PROVIDE RELIGIOUS COUNSELING AND ADVISE TO CHURCH ME:lY1BERS, DIRECT, OVERSEE AND IMPLE):vIENT THE ESTABLISHMENT OF OUR NEW GOD'S EMBASSY CE;UHCH; TRJAIN PASTORS AND LEADERS.

11~11I111I1111111111111111111i 1111111111111

Form I~360 {Rev. 01118111)Y Page 6

I


FR lib IIIIIiIII

~. Description of the aHern's qualifications for the position offered& .==~==~~-------------------------------.

C(~rtificate of Ordination; Latin University of Theology 2006; Emmanuel International I~stitute Diploma 1995; ICCM Certification of Ministerial Credentials 2010, 2011.

il. Description ofthe proposed salaried and/or non··salaried compensation. ---------~--------------------------------------,

$40,OOO!YR.

e. List ofthe specific addressees) or location(s) wlhere the alien will be working.

"~'HE EMBASSY· OF GOD" CHURCH (EMBASSY OF T~E BLESSED KINGDOM OF GOD FOR ALL NATIONS)

A~[, 220 GEIGER RD. SUITE 101, PHILADELPHIA, PA 19115.

Does the pmspective employer attest to all ofthe requiirements described in statements 6 through 12 below?

6, Th~ prospective employer is a bona fide nOIll-profit reHgious organization or ill bona fide organization that is affiliated with the religious denomination and is tax exempt as descf1bed in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment, or equivalent sections of prior enactmellts ofthe Internal Revenue Code. If the prospective employer is affiliated with the l'ellgious denomination, complete ~he Religiom; Denomination Certification included in this form.

!?9Yes DNa Of "No," attlllchexplanation(s))

1. The prospective employer lis willill1lg and able to provide salaried andlor non-saiaried compensation at a level that the alien and any dependents will not become a public charge" .

[g]Y.~s DNo (IfOlNo," attach explanation(s))

110 Tim iimds to pay the prospective employee's compensation do not include any monies obtained from the alien, excluding reaHonable: donations or tithing to the religious organization.

ONo (If "No," atlach explanation(s))

9. Inhe position is not a religious vocation, the prospective employee wiH not engage in secular employment, and the prospective employer wiH pl'Ovide salaried and/or non-salaried compensation.

DNo (If"No," attach explanation(s))

--.-----------~-=

I[ jllll!III[1111 I .illlill 111I~11I~~1 l'onn 1-360 {Rev. Dill 8111)Y !,~ge"7


lal. The. offered position is full time, requiring at least lID average of35 hours of work per week.

[g] Yes D No (Kf"No," att@chexplanation(s»

n, The alien has been a religious worker for at leas!: 2: years immediately before Form 1-360 was filed and is otherwise qualified for the ]position offered.

(:~ Yes D No (If'"No," attach explanation(s»

ll:i!. The alien has been a member ofthe prospective employer's denomination for at least 2 years immediately before Form 1-360 was flied.

l~ Yes o No (Kf'"No," ~ttach explanation(s))

][ ccrWfy or attest uuder penalty of perjury umllerr the laws of the United States of America that the contents of this mltesr:mtHcn. :ilwd the evidence submntted. mre tlme and correct.

Printed Name

fLLh DVOSKIN

Employer/Organization Name

[THE EJ'1BASSY OF GOD CHURCH

Date (mmiddlyyyy)

1.2/lY6 t:tJI!

Title

!TREASURER

EmplcJyer/Organization Street Address (Do not use a post office or private mail box) Suite Number

1220 GEIGER RD. I 1101

City

IPHJlLAJ)ELJPHIA

Daytime Phone Number (with area code)

1~15)8fr2:-46-10-------'

State

Fm:: Number (ifany) E-Mail Address (if any)

\[email protected]

Zip Code

119115

I ~IIII ~IIIII~II~] ~III~ III[IIII~II~IIIIIIII ~llji IIIIIIIII~ 1I1111l1111l11~1111I1111~1I ~I ~1~1~ II~ ~111I1111~ ~jll ~II Fonn I~360 (Rev. 01f18f11}Y Page 8


ReHigi(J>lllS Denomination Certification

)[ c®r1Rfy uIIli!.ller penalty ofpcrj1lllr'J l1lIRder the Laws ofthe United States of America that:

[THE_EMBASSY OF GOD CHURCH (Embassy of the blessed kJ .. ngdom of God for All nations) Name of Employing Organization

is affmated with:

ITHE EMBASSY OF THE BLESSED KINGDOM OF GOD FOR ALL NATIONS CHURCH (PENTECOSTAL CHRISTIAN)

Ntll1'/e of Religious Denomination

J ]

amd tha~ the attesting organization within tihle religious denomination is tax exempt as described in section under 501 (c )(3) of the Internal Revenue Code of 1986, subsequent amendment" or equivalent sections of prior enactments of the Internal Revenue Code. The contents ofthis certification all'e true amd correct to th.e best of my knowledge.

Signature

Printed I-Jame lALLA DVOSKIN

Title

Date (mm/ddY.J.Y.y)

A1ttestiJflg Organization Name IEMBASSY OF GOD CHURCH

A1ttesi'ilflg Organization Street Address (Do Ifi(li use a post office or private mail box)

1220 GEIGER RD. ] Suite Number.

City IPHILADELPHIA

S~ate

Zip Code 119115

Daytime Phone Number (with area code) 1(215) 802-4610

Fax NumrJ:lef (if any)

E-Mail Address (if any) ICHURCHSHIFT@G~IL.COM

111!1~11~1I111111 ~IIIII~ II 1IIIIi ~lli illllll~llllill ~111~111111I11111111111111l11111~11I111111~~ IIIIIIIIII~ 11111llllll~11I1I ~II


h"rt"9."""rrifulr'~n About the SjwlIlse ami Children of the Person for Whom This Petition Is Being Filed A widow/widower or a self-petitioning spouse of an abusive citizen or lawful permanent resident should also list the

_ ... ~ __ !?!4!!k\ath.e deceased spou~2f.th!:..ahlJ;~r.

~ 1 ............ -

b, Family Name

MYKHAYI,YK

ll<rll, Date oflElirth (mml.ddlyy'y'y)

OS/26/1977

1,2\. Fami.ly lJam MYKHAYLYK

• p; • .-

e

2n .. Date of Birth (mmldd:'J,0Y)

07/03/2011

"'~EQlLIIIi

3;11.FamHyN ame MYKHAYI,YK

irth 3d. Date ofB {mmldd:b-YY-

05/30/201

~.

0

--

-=-Fc.-Jib. Given Name

IRYNA

Ie. Country of Birth

UKRAINE (USSR)

_S"JWi!!lM!m.....,.., .. "'" 21». Given Name ALEXANDER

2e. Country of Birth

USA

]1». Given Name GRACE


USA RI!Im!lllliIE!llll~OIll: "'"

---Ie. Middle Name N/A

If. Relationship 19. A-Number

~ Spouse

D Child 087705806 --2e. Middle Name N/A

2f. Relationship 2g. A-Number

[g] Child

NONE

3e. Middle Name N/A

3r. Relationship 3g. A-Number

[B] Child

NONE

-------~~-----------------~~. '~--------------------------~------------------4a.. Family Name ,abo Given Name MYKHAYI.YK ARTEM

4d. Date of Birth (mmld,'&:JYY.V)

03/17/:<:001

M

5a. Family Name H'1KHAYLYK

Sd. Date of Birth (mmldll'YYY.Y.Y)

07/29/2005

.,"" ... ,"'"


UKRAINE

::w .... _

E'JI:!i. Given Name SUNDAY

Se. Country of Birth

UKRAINE

4c. Middle Name N/A

4f. Relationship

~ Child

4g. A-Number

087705807

Se. Middle Name N/A

Sf. Relationship 5g. A-Number

~ Child

087705808 --~:~'ii;1~_;ra_;;_~_;;-_"_-_--~-_-_-:.-_-_-_-_-_-_-~-~--.~'~~._-_-~m~~"'IL-(]~'l.'~~~G"'iv"'e-n-N ... am ..... e ..... -----............ """"""I""I.-c-.-M-i-dd ... \ ... e-N-a ... m""e------

M, ~n:;~;: 116e. Country ofBhih \61, Relationship 'IOg. A-Number

I 0 Child

~~=~~".'_~wL". ,"N~' •••• ,.,," _'W' ... , ••.. & ..... J ==L=" u*"""w ___ _=__

111111111111111111111111 ~~IIII ~IIIIIIII! IIIIIII~IIIII~ I~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIII11111111111111111111111111111 Fonn 1-360 (Rev, OlllS/ll)Y Page 10


Part 9:'"'""iiifui7mation About the S]polllse alul Children of the Person for Whom This Petition Is Being Filed A widow/widower or a self-petitioning spollse of an abusive citizen or lawful pennanent resident should also list the d+lldren ofthe deceased spouse 2L2fthe abuser. (Continued) =---==

~!0UGU55F.ft*

ilyName

.ofBil'th 'dd'yyy'y)

7d.Date (mml

,

8111. F~:rnily N arne

irth flld.DateofB (mmldd'y' m)

............ -911l.Fam HyNEune

9[1. Date (mml

of Birth (fd'yy'yy)

Part ] ~). Sigllllatlllre

--,u-=~'r'lb, Given Name -7c. Middle Name

ii

7e. Country ofBiRih 7f. Relationship 7g. A-Number

o Child

~ --811, Given Name Sc. Middle Name

Se. Country of Birth Sf. Relationship Sg. A-Number

o Child

--~- I Ufiddl, Non,

-9b, Given Name

ge. Country ofBfirtih 9f. Relationship 9g. A-Number

o Child

-

Read the information on penalties in the irs/ructions before completing this part. If you will be filing this petition at a USCIS office in the United States, sign bel,,);)!. If you will be filing it at a U.S, consulate or USCIS office overseas, sign in front of a USCIS or consular official.

I certify, or, if outside the United States, li swear or affinn, under penalty ofperj(;..;, under the laws of the United States of America, that this petition and the evidence submitted wHh it is all true and correct. If filing this on behalf at an organization, I certify that I am empovJered to do so by that organization. I authorizelhe release of any infonnation from my records, or from the petitioning organi:mtion's records, that U.S. Citizellllship !'lIla Immigmtion Services needs to detennine eligibility for the benefit being sought.

S[gnm(:rrllr'e of lUSC][S tlIIlf OID1]sr.dar Officnal

Date

I~;l!;;? (;/,,2i) II Print Name

E~Mail Address

[email protected]

Date

NOTlH:: If you do not completely fill out this petition or fail to submit required documents listed in the instructions, the person(s) filed for may not be found eligible for a requested benefit, amI the petition may be denied.

III1IIII ~lllllIi~ ~~ I~IIII~IIII ~IIIIIII ~IIIIII ~IIIIII~IIIIIIIIIII ~"I !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~Ii /111/111111111111111111

Form 1-360 Page II


P1dllrt 11. Sllgmltnre of Person Preparnng FOl!"m, If Other Than Above (Sign below) IIIII'lIIlI!lU~'-~I·WWFmIII!!!iQIPR ...

I declare that I prepared this appiication at the reqjuest [lithe above person, and it is based on all infonnation of which I have knowlledge.

, Signature /,? >,"

~,~_;';.d~S'~-'''o<,<"o,',,,oo_,

Print Your Name TAT IAN], S. ARISTOVA, ESQ.

Firm Name and Address KHAVINSON & ASSOCIATES, P.C. 10 SCHALK'S CROSSING RD. SUITE PLAINSBORO, NJ 08536

--------------~--~---------------------------.-----Date

It-x/O¥'i'

501-295

E-Mail Address

[email protected]

~~..",.,.-~'=======~~--- ~~-=--=--------=---------

11111I1111111111111111111111 III 111111 m 11111 1111111 1111 111I11111111111111 IIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIII~II Fonn !-360 (Rev. Ol/18/11)Y Page 12


lIJlf'Jliartme~lt ofHomelallld Security . --OMB No. 1615-0105; Expires 04/30/2012

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

w. tile

Pmrt 1. Nntice of Appearance as Attorney or Accredited Representative _:Il9;~~_ ~""...

1-1, This l!i:pjpearance TIS in regard to immigndiallli. ml:lrters before:

~ USCIS. List the form number(s): _1_-_3_6_0 ______ _ o CBP - List the specific matter in which appearance is entered:

DICE - List the specific matter in which appearance is entered:

JIll, ][ llnerehy elllter my appearance as attorlffiey or ac,~redited representative at the request of: List Petlttioner, Applicant, or Respondent. NOTE: Provide the mailing address of Petitioner, Applicant, or Respondent being represented, and IIl'Ofr the address ofthe attorney or accredited representative, except when filed under VA W A.

Jl>IrRlicftJllall!'efti;tion~~r, Applicant, or ResponalJelllt _________________ -1 A Number or Receipt [8] Petitioner

Name: Lan! First

CHURCJHr

Address: Sl're5t Number and Street Name Apt. No.

SUITE 101

Middle

City

PHILADELPHIA

Number, ifany

DApplicant

NONE D Respondent

State Zip Code

PA 19115

Pursuant to the Privacy Act of 1974 and DHS policy, I hereby consent to the disclosure to the named Attorney or Accredited Representative of any record pertaIning to me that appears in any system ofrecord[: ofUSCrS, USCBP, or USICE.

Sngllll!ltwllr~ <!lJfPetitiolJier, Applicant, or Re§[)OIll«l~IIJt _.

ALIA DVClSKIN J,(-:f.7!t>'t>i Lj(LJ1A/cL.-Date

___ ~·~~ __ -__ ·~_-~_-_·_-_~u-L~' ____ ·_-__ ~EQ __ ~'~ __________________________________________________ , _____ ____

Pa!: 2. l~!~llulltion about Attomey or Ac{;.!:eillited Representative (Check applicable items(s) below)

A. [8] I run an attorney and a member in good standing 'Dfthe bar ofthe highest conrt(s) of the following State(s), possessiones), territory(ies),

o

o

€:mnmol1weaith(s), or the District of Columbia: PA SUPRE:ME COURT ---------------------------------------------------r ~ml1i not [EJ or 0 am subjed till affilY Illi'der I]Jf :illmy court or administrative agency disbarring, suspending, enjoining,

l'cstJrailllllllg, IlIr otherwise restriding nne Rill the IJllractice oflaw (If you are subject to any order(s), explain fully on reverse sidle).

r run an accredited representative of the following qualified non-profit religious, charitable, social service, or similar organization established in the United States, so recognized by the Department of Justice, Board ofImmigration Appeals pursuant to 8 CFR 1292.2. Pwvide marne of organization and expiratioIl date of accreditation:

I am associated with ________________________________________ _

The attorney or accredited representative of record ]previously filed Fonn G-28 in this case, and my appearance as an attorney or accr.edited representative is at his or her reqllest (If you check this item, also complete item A or B above in Pari 2, whichever is appropriate).

-~--- ~=----------Part 3. Nf:mme allld Signature of A1tt([])Jrn~y mo Accredited Representative ~=-----~-----------------------~-~----------~--------------------==----------------][ in:il:"e read :IDlIId Ulullersbmd the regulatiolig allld !!omlitiom ~~Ilntained in 8 CFR 103.2 and 292 governing appearances and representatiolB illefl[i)re tille III ewal11ment of Homeland SecuJrliity. R Ilh:!!llare uilll~er penalty of perjury under the laws ofthe United States that the information I ihlav,e ~1I"aJ)vidlledl Olll tlbis fo!'m is true and coned.

Name of Attl)rney or Accredited Representative Attorney Bar Number(s), ifany

TA'.rIJl.;NA S. ARIS'l'OVA, ESQ. 85928

Date

Compiete Address of Attorney or Organization of Accredited Representative (Street Number and Street Name, Suite No., City, State, Zip Code)

10 SCHAH{ug CROSSING RD • .'501~295, PLAINSBORO, NJ 08536

Phone Number ""u,u,,'~~" if any

Fonn G-28 (Rev. 04122/09)N


OMB No. 1615-0105; Expires 04/30/2012

G-28, Notice of Entry of Appearance

::rartmemi:~.:.~()~m~e~la~~~d~s~ec~u~r~ity~~~~.~~~~1II~1",,~~~~~~a~S~A~tt~o~r~n~e~y~o~r~A~c~c~r~e~d~i~te~d~R~e~p~r~e~s~e~n~t~a~t~i~v~e Part 1. Notice of Appearance as Attorney 1)JII" Accredited Representative ~-=-- --- ---A. 1fJinis apJllclllr!mce is in regard to immiiglf:illtiol1 m2ti:e!rs before:

~ users -List the fonn number(s): _I_-_3_6_0 ___ _ o CBP - List the specific matter in which appearance is entered:

DICE - List the specific matter in which appearance is entered:

lIt If ilIlerelby elllter my appearance as :a1ttoJrllley ilJlJr accredited representative at the request of:

List Petitioner, Applicant, or Respondent. NOTE: Provide the mailing address of Petitioner, Applicant, or Respondent being represented, and lJllillU the ~.dC:ress (]lfthe attorney or accredited representative, except when filed under VA WA.

ll'll'illcllpal Pditionell', Applicant, or lR.espomllel1ltt _______________________________ --, _____ -; A Number or Receipt 0 Petitioner

Name: Last First

OLEKSA1N[Jl)R

Address: Street Number and Street Name Apt. No.

9921 BU~:TLETON lINE. 1'1-3

Middle

City

PHILADELPHIA

Number, if any

[8] Applicant ":."

o Respondent

State Zip Code

PA 19115

Pursuant to the Privacy Act of 1974 and DRS policy, I hereby consent to the disclosure to the named Attorney or Accredited Representative of amy record pertailli;Jl'; to me that appears in any system.,~,(records nfUSCIS, USCBP, or USICE. , 'j Sig!llltlllll'e(,!!f~E/ec~dellift Date I L. I () (; ( i __ L_ _ -=

lPatr>t Z:.., Ir~!.Tati(JJn about Attorney or Acclredlited Representative (Check applicable items(s) below)

A,., !&I I :J:![, an attorney and a member in good standing of1he bar of the highest court(s) ofthe following State(s), possessiones), tenitory(ies),

o

c. []

commonwealth(s), or the District of Columbia: PA SUPREME COURT ,----------------------------------------------------------][ :mll! !!lot [g] or 0 am subject to any ol"i!ller of' 3lffiY court or administrative agency disbarring, slIspending, enjoining,

restraining, Olr otherwise restril!!ting me iln the IP,r;nctice onaw (If you are subject to any order(s), explain fully on reverse side).

I :m:' an accredited representative of the following qualified non-profit religious, charitable, social service, or similar organization cf:taolishedi in the United States, so recognized bytne Department of Justice, Board ofImmigration Appeals pursuant to 8 CFR 1292.2. Provide name of organization and expiration date of !I<ccreditation:

I IL1n associated with ______________________________ --,-__________ '

The attorney or accredited representative of record previously filed Fonn G-28 in this case, and my appearance as an attorney or accredited representative is at his OJr her request (Ijyou check this item, also complete item A or B above in Part 2, whichever is appropriate).

~~-=-- --~--------------=-==--,~------------=-----------------------~-=---lP'all13o Nlllme 3lllld Signature of Atimrlllley or Accredited Representative aar_""".", .. I'fi>IIF......, __ nt:lI::-.......-.

I[ have read anL~d understand the regulations :iIlnd cillmdntiolJls I!I[J>I!tained in 8 CFR 103.2 and 292 governing appearances and representation hefmJ"<e till]) ]]}IeiPartmelllt of Homeland Securnty. ][ IIlIl!:eianloe unttl~1I" penalty of perjury under the laws oCtile United States that the information I nlav~~,~ thli§ form is true al1ld correefto

Name of Attomey Of Accredited Representative

~I'A'1'IANA ~:. ARISTOVA, ESR>~

Signature of Ati(;mey or,.f1qcx:edited:Representatilre", ~:.::; :~~.:~::~' '.""'~'~:;' ~::~~::';'., :.,~~, .. ~ .. ~:~,..~:,:",=,~-,",,;;;.~~:,:;::.;:~,. "" '-''''' ..

~.-,':-':-·M.""

Attorney Bar Number( s), if any

85928

Date

I / ", ,,<-, ..... /.'.,' '", .~,,) ~";:/t" I(..J' ,.J"

------------------------------------------------------------------------~------~----~----------------Complete Address of Attorney or Organization of Accredited Representative (Street Number alld Street Name, Suite No" Ciry, State, Zip Code)

1.0 SCHALK'S CROSSING RDo 501-295, l?LAII!HilBORO, NJ 08536

Phone Number (Jpiclude area code) Fax r.Tumber, ifany (Include cu'"ea code) j E-Mail Address, if·~-y-------------------- --.--~

J55-9@1~IS (215) 355.,9Jl@9 EKHAVINSON@YAHOO. COM


EXHIBIT-4


CHITVVOOD & CHITWOOD OSBORNE OFFICE CENTER

5746 MARLIN RD .• SUITE 500

CHAlTANOOGA. TENNESSEE 3741 1-5679 H. MICHAEL CHITVv'OOD HERMAN C. CHITWOOD 423.892.4882

800.225.5849

July 15,2008

Pastor Alex Mykhaylyk Embassy Blessed Kingdom of God for all Nations, Inc. PO Box 52674 Philadelphia, PA 19115

Dear Pastor Mykhaylyk:

FAX 423.855.4243

Email: [email protected]

I wanted to take this opportunity to write you this letter and enclose information about our firm, Chitwood & Chitwood, p.e We have been helping pastors, churches, and ministries with their financial matters and IRS compliance for over 69 years. We are the oldest and largest financial services Firm in America for chmche8, pastors, and ministry-related organizations and we take our ministry very seriously. We have always said, "God Cannot Bless a Mess" and "To Whom IvIuch is Given, Much is Required."

I anu, 'lVriting to you because I know that we can help you grow your ministry. We can provide every seplice you :will ever need with the strictest of confidence. Some of our services include:

o Monthly Bookkeeping and Financial Services v IRS Compliance and Reporting ~) Payroll Services for the Purpose of Providing Confidentiality () Ministers' Income Tax Preparation ~) Retirement and Pension Planning for Clergy

Plea:3e review all of the information I have sent to you. I would like to ask that you telephone me at your earliest convenience. My telephone number is 800.225.5849. Thank you for allowing our Firm to submit this information and for considering us in your financial matters.

Sincerely,

Chitwood & Chitwood

By: I ~ (t;c:J~~ H. Michael Chitwood For the Firm


December 28,2010

Pastor Oleksandr Mykhaylyk Embassy Blessed Kingdom of God For All, Inc. 220 Geiger Rd., Unit 101 PhiIadelphia, PA 19115

Dear Pasltro Mykhaylyk:

This is in reference to your status with the International Congress of Churches and Ministers. Congratulations! I would like to advise that Embassy Blessed Kingdom of God For All, Inc. is a me~'11.ber in good standing with the International Congress of Churches and Ministers. Please note your Group Exemption 501 (c)(3) number for donations and contributions is #5361, and it is listed under Church Management 2!nd Tax Conference dba International Congress of Churches & Ministers with the Internal Revenue Service. Embassy Blessed Kingdom of God For AUl Inc. is also recognized as a subordinate under the International Congress of Churches and Ministers and you may operate under your BIN number for the ministry.

You may use this letter to establish a banIe account, or to apply with the State of Pennsylvania for exemption from Sales Tax. Please let me know if we can do anything to assist you with the ministry. Our prayer continues to be that God will richly bless you.

If you have questions regarding the above information please call me at 800.854.5891.

Xn Christ,

,jll"tu:.t..~ ~CUJ..; ~ Tracey Lawson ICCM Staff International Congress of Churches: & Ministers

.~ :1 -=. ", ,', '.r ' .. ;'-.,"


INTERNAL REVENUE SERVICE Po O. Box 2508 CINCINNATI, OH 45201

STATUS - ACTIVE

IN'l'ERNATIONAL CONGRESS OF CHUECI-mS & MINISTERS/ CHURCH ~1ANAGEMENT & TAX CONFERENCE, INC. 5746 mtRLIN RD STE 500 CHATTANOOGA, TN 37411-5679

Dear Applic!ant:

DEPARTMENT OF THE TREASURY

Employer Identification Number: 62-1311229

DLN 170~3198017006

GROUP EXEMPTION # 5361

Contact Person: JOY M HLAVATY

Addendum Applies: No

We have considered your application for a group exemption letter rt~cognizing your subordinates as exempt from federal income tax under section 501 (a) of the Internal Revenue Code as organi~ations of the type described in section 501 (e) (3) .

Our records show that you were recognized as exempt form federal income tax under t38ction 501 (c) (3) of the Code. Your exemption letter remains in effect.

Ea.sed on information you supplied, we recognize your subordinates whose names appear on the list you submitted as exempt from federal income tax under section 501 (c) (3) of the·Code.

A.ddit.ionally i tlJe have clas·sified the organizations that you operate, supervise, or control, and that are covered by your notification to us, as organizatioris that are not private foundations because they are organizations of the type described in ::lection 509 (a) (1) of the Code.

Donors may deduct contribut.ions to your subordinates as provided n section l?C of the Code. Bequests, l,sgacies, devises, transfers. or gifts to your subordinates or for their use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of section 2055, 2106, and 2522 of the Code.

Your subordinates are not required to file Form 990, Return of Organization Exempt From Income Tax, if they qualify as churches or integrated auxiliaries of churches or otherwise meet the exc,"ptions in section 1.6033-2 (9) of the Income Tax Regulation,s 0

Your subordinates whose gross receipts each year are normally more than $25 ,000 are each required to ::filEi l!'orm 990, Return of Organization Exempt From Income T,DC, by the 15th day of thE~ fifth month after the end of their annual account.ing period. If you prefer" you may file a group return for those subordinates that authorize you in writing to include them in that return. If you are to file Form 990 :Eor 3(our O\\1n activities! you faust: file a

Letter 2419 {DO/CG}


-2-

INTE:RNATIONAL CONGRESS OF CHURCfIE:S & MINISTERS

return and may not be included em any group return that you file for your subordinat.es. The law impolSles a pemalty of $20 a day when a return is filed late, unJ.~ss there is reasonable CaUfllEj for the delay. However I the maximum penalty imposed. cannot exceed $10, 000 m:~ 5 percent. of your gross receipts for the year, whichev'er is less. For orgcmi32~tions with gross receipts exceeding $1,000 ,000 in ~ny year, the penalty is $lOC) per day per return, unless there is reasonable Cal'lSe for the delay. The maximum penalty for an organization with gross re(~eipts exceeding $1,000,000 t~hall not exceed $50,000. This penalty may also be chaJ::'ged if a return is not c!omplete, so your subordinates should make 13ure the.dr returns are complete before filing them. Please advise your subordinates thnt:, if they receive a Form 9;~O package in the mail, they should file the ret:urn even if their gross receipts do not exgeed the $25,000 minimum. If not require~d to file, a subordinate should simply attach the label provided, check the box in the heading tal indicate that its annual gross receipts are nOJ:lII\.ally $25,000 or less and s:tgn the return. This will allow us to update our records to show thai: the subordinate is not required to file and to delete that subordinate from the list of organizations that will receive FOl:m 990 packages in futu,re ye~lrs.

Yc)ur subordinates are reqllired to make their annual information return, FOl:11t 990 or Form 990-EZ, available for public inspection for three years after th(~ lat.er of the due dat~ of t:Qf:! return or the date the return is filed. You and your subordinates ar~ also :I:equired to make available for public insp,ection you.r gJ::'OUp exemption applicatic)]:l, any supporting documents and this exemption lei:;lI:,er. Copies of these docum'~l:1ts are also required to be provided to any it'ldividual upon written re;r in :i?4~rson request without charge other than reasonable: fc~es for copying and posta~3e. You may fulfill this requirement by plll:c;in~3" these documents bn the Internet. Penalties may be imposed for fa:ilure~ to comply with these r,1;!I;ruirements. Additional information is ava.i.lahle in Publication 557, 'r,n-Exempt Status for Your Organization, or you may call our. toll free number ;ahown above.

Your subordinates are not :i:'r::quired to file federal income tax returns unles.s subj ect to the tax en u:nxelated business income under section 511 of the COdE,. Each organization subject to this tax must file Form 990-T, Exempt Or!~iS.nh:at:ion Business Income TO!:1e. Return. !n this letter we are not determining

. whGl'C..he:1: any of your suboz-dinata:r;' present or proposed activities are unrelated trmde m: business as defined in section 513 of the Code.

Each year, at least 90 days before the end of your annual accounting pe:ciod u please send the items listed below to the Internal Revenue Service Ce;::tt:er at the address shown below.

1. A statement describing any changes during the year in the purposes, ch,'aracter, or method of eperati,on of your subordinates i

2. 1\, list showing the names, mailing addresses (including E'ostal Z1E' codes) tactual ad9.resses if different, and employer identification numbe:rs of nub,ordinates that, since your previous report:

a. Changed names or address, b~ Were deleted fro~, your roster or

Letter 2419 1DO/CG)


-3-

INT:E!RNA,!'IONAL CONGRESS OF CHURCHES & MINISTERS

c. Were added to yom: roster.

3. For subordinate~ to b(e'! added, attach: a. A statement that 'the information on which your present group

exemption letter ilii! based applies to the new subordinates i b. A statement that ,elach has -given you written authorization to

add it's name to tl11~ roster; c. A list of those to which the Service previously issued

exemption rulings l:Jr determination letters; d. A statement that ~'ll:;)!ne of the subordinates is a private

foundation as defined in section 509(a) of the Code if the group exemption le-tter covers organizations described in section 501 ~c) (3) ;

e. The street address (:If each subordinate whose mailing address is a P.O. :Boxi and

f. The information n~quired by Revenue Procedure 75-50, 1975-2 C.B. 587, f,or each subordinate that is a school claiming exemption under section 501(c) (3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 230. This is the same information required by Schedule B, Form 1023, Application for Recognition of Exemption Under Section 501(c) (3) of the Internal Revenue Code.

4. If applicable, a statement that your group exemption roster did not change since your previous report.

Please mail the information requested in this letter to the following addl:ess:

Internal Revenue Service Ogden UT 8420~

Your Group ExemptiOl'1 Number is 5361. Your subordinates are required to inc:ude this number on each Ferm 990, Return of Organization Exempt From Income 'rax, and F-orm 990-T, Exempt Organization Business Income Tax Return, that they file. Please advise: your s1.+borq,inates of this requirement and prcl'fide them with the Group Exemption Number.

If the heading of this le:t.ter indicates t.hat an addendum applies, the enclosed cLddendum is an integra,l part of this letter.

Because this ietter ca,ulCl help resolve any questions about the exempt status and foundation status ()f' your subordinates, _ you should keep it for your records.

Letter 2419 (DO/CG)


-4-

IIilTE:RNATIONAL CONGRESS OF CHURCHES & MINISTERS

we na"e sent a copy of this: letter to your representative as indicated 2n your pOll!er of attorney.

If you have any questions, please contact the person whose name and tel~phone number are ~hown in the heading of this letter.

Sincerely yo:urs,

-'lois ~. -'letnet Lois G. Lerner Director, E~empt Organizations

Rulings and Agreements

Letter 2419 (DO/CG)


EXHIBIT-5


Pa~:tor Oleksandr Mykhaylyk 9921 Butleton Ave., Unit M3 PhHadelphia, P A 19115

Dear Pastor Mykhaylyk:

March 22, 2011

Thar:ilc you for renewing your ministerial credentials with ICCM. Dr. Michael Chitwood is amazed at the work God is doing through this ministry. Dr. Chitwood started this ministry for people just like you!

Endosed with this letter are your Certificate and wallet card renewals for 2011-12 for Ordained Mi;'1.ister. Please begin using the card on the renewal date.

We trust that God is blessing and moving in your ministry. You continue to be in our prayers that God win increase your territory and give you favor in all areas of your life. If you have any questions or if there is anything iliat I can do to assist you, please feel free to call me on my dir'0ct line at 800.854.5891.

k.t""V4!~r .I-.(}fM)~~ Tracey :Lawson ICCM Staff International Congress of Churches and Ministers


Ukrainian Church I-360 Case

Documents

notice of appeal

extension of time

gods embassy church

ukrainian church

united states

expiration date

nations church etal

need foradditional time