Here
are some very good news for Filipino World
War II veterans’ family members who are beneficiaries of approved family-based
immigrant visa petitions.
On May 9, 2016, U.S.
Citizenship and Immigration Services (USCIS) announced that beginning June 8,
2016, these beneficiaries will be given an “opportunity to receive a
discretionary grant of parole on a case-by-case basis, so that they may come to
the United States while waiting for their immigrant visa to become available.”
When the visa become available, they may adjust their status under existing
immigration laws.
“Parole” allows an
alien to physically enter the U.S. for a specific purpose. A person who has
been “paroled” is not considered to have been “admitted” to the U.S. but
remains an “applicant for admission.” DHS, as a matter of discretion, may issue
an Advance Parole document authorizing an alien to appear at a port of entry to
seek parole into the U.S. The document may be accepted by a transportation
company in lieu of a visa as an authorization for the holder to travel to the
U.S. The document does not serve as a passport. See Instructions to Form I-131.
This policy,
according to USCIS, “will enable many eligible individuals to provide support
and care to their aging veteran family members who are U.S. citizens or lawful
permanent residents.” “In limited
cases,” said USCIS, “certain eligible relatives will be able to seek parole on
their own behalf when their Filipino World War II veteran and his or her spouse
are both deceased.”
USCIS will review each
case individually to determine whether authorizing parole is appropriate.
When each individual arrives at a U.S. port of entry, U.S. Customs and Border
Protection will also review each case to determine whether to parole the
individual.
The “legal authority
for this parole policy comes from the Immigration and Nationality Act, which
authorizes the Secretary of Homeland Security to parole into the United States
certain individuals, on a case-by-case basis, for urgent humanitarian reasons
or significant public benefit.”
Forms and procedure
Information about the Filipino World War II Veterans Parole
Program—including guidance on eligibility, the application process and where to
file—is available in the revised Form I-131 instructions and the Federal
Register notice published on May 9,
2016. Here is the link to the Form I-131 instructions. https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf
Here is the link to
Form I-131. https://www.uscis.gov/sites/default/files/files/form/i-131.pdf
Effectivity
USCIS emphasized
that it will not accept applications under this policy until June 8,
2016. USCIS said that it strongly encourages eligible individuals
interested in requesting parole under the FWVP Program do so within 5 years
from June 8, 2016.
Background of parole policy
On May 9, 2016, USCIS issued a notice in the Federal
Register, the Daily Journal of the U.S. Government, saying that “More than
260,000 Filipino soldiers enlisted to fight for the United States during World
War II. Estimates indicate that as many as 26,000 of these brave individuals
became U.S. citizens and that “there are 2,000 to 6,000 Filipino-American World
War II veterans living in the United States today. This parole policy was
previously declared in the White House report, Modernizing
and Streamlining Our Legal Immigration System for the 21st Century, issued in July 2015.
“The Filipino World War II Veterans Parole Program honors the thousands
of Filipinos who bravely enlisted to fight for the United States during World
War II,” USCIS Director León Rodríguez said.
(This writer drafted
the bill that granted U.S. citizenship to certain Filipinos who served
honorably in active duty status during World War II. It was introduced in the
U.S. Congress by then Rep. Tom Campbell, Republican of Palo Alto).
As U.S. citizens or
lawful permanent residents (LPRs), these veterans may petition for certain of
their family members to come to the United States.
USCIS pointed out
that “With the exception of “immediate relatives” (i.e., parents, spouses,
unmarried children under 21 years of age) of U.S. citizens, as provided in INA
§ 201(b)(2)(A)(i), 8
U.S.C. 1151(b)(2)(A)(i), the
number of family-sponsored immigrant visas that are available in any given year
is limited by statute. See INA §§ 201(a) and (c), 202(a) and 203, 8
U.S.C. 1151(a) and (c), 1152(a)
and 1153. These statutory limits have resulted in long waiting periods before
family members may join the petitioning U.S. citizens or LPRs in the United
States and become LPRs themselves. For certain Filipino American family
members, this wait can exceed 20 years.
(Atty. Tipon has a Master of Laws degree from Yale Law School
where he specialized in Constitutional Law. He has also a Bachelor of Laws
degree from the University of the Philippines. He placed third in the
Philippine Bar Examination in 1956. His current practice focuses on immigration
law and criminal defense. He writes law books for the world’s largest law book
publishing company and writes legal articles for newspapers. He has also a
radio show in Honolulu, Hawaii with his son Noel, senior partner of the Bilecki
& Tipon law firm, where they discuss legal and political issues. Office:
American Savings Bank Tower, 1001 Bishop Street, Suite 2305, Honolulu, Hawaii,
U.S.A. 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.MilitaryandCriminalLaw.com. He was born in
Laoag City, Philippines. He served as a U.S. Immigration Officer. He is
co-author with retired Manila RTC Judge Artemio S. Tipon of the best-seller
“Winning by Knowing Your Election Laws” and co-author of “Immigration Law
Service, 1st ed.,” an 8-volume practice guide for immigration officers and
lawyers. This article is a general overview of the subject matter discussed and
is not intended as legal advice. No warranty is made by the writer or publisher
as to its completeness or correctness at the time of publication. No
attorney-client relationship is established between the writer and readers
relying upon and/or acting pursuant to the contents of this article.)
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