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.)