Month: February 2009

Magdaleno Duenas, a Filipino veteran saved 10 Americans from captivity in a prison camp during World War II. He was able to immigrate to the US in 1992 and became a naturalized US citizen. Beginning in 1993, he looked forward to having the Equity Bill passed in Congress to attain his full recognition. After many years of waiting in the US, he unfortunately passed away in 2005. More and more aging veterans die each week and this greatest generation is slowly diminishing in number.

Sixty three years after passage of the 1946 Rescission Act declassifying the services of Filipino World War II veterans, the US Congress finally just passed a bill recognizing our Filipino veterans and providing a lump sum grant of $198 million.

In an economic crisis, receiving $198 million appropriation for the Filipino World War II veterans is definitely a momentous outcome after many years of struggle for recognition. The Filipino veterans and their supporters emerged victorious last week when both House and the Senate approved HR 1, the American Recovery and Reinvestment Act of 2009, or the economic stimulus bill.

Spending Authorization Lacking in 2008

This provision is not new as it was previously included in the spending bill signed by President Bush in September 2008. The $198 million was appropriated last year but there was no authorization for spending. The Senate through the office of Senator Daniel Inouye drafted the provisions for its authorization and included it in this year?s stimulus bill.

Last year?s Congress first introduced this lump sum of $198 million for veterans through the leadership of Congressman Bob Filner. This bill, called the Filipino Veterans Equity Compensation Fund (HR 6897), was approved after the provision on Filipino Veterans was withdrawn from the Veterans benefit enhancement bill (SB 1315) during Senate deliberation. The latter bill would have contained more benefits and a higher budget allocation as it attempted to recognize Filipino veteran residing in the US as having the same rights and benefits as their US counterpart.

Collective Efforts by Advocates

The $198 million budget for the Filipino WWII veterans did not come in a silver platter. This was brought about by years of campaigning, hard work and the collective effort of advocates who believed in the cause of the Filipino World War II veterans. The partnerships and networks created by the community with the legislative offices, and, the collaboration of efforts are commendable. Though each group or individual advocates may hold different views, there is a determination on most to address the inequity created by the provision of the Rescission Act of 1946. Senator Daniel Inouye, Senator Daniel Akaka, Rep. Mike Honda, Rep. Bob Filner and Speaker Nancy Pelosi have been a few of the strong advocates for the Filipino WWII veterans cause and were instrumental in having this $198million included in the stimulus bill.

A Qualified Victory

The classification of the services of the Filipino WWII veteran that was changed in the 1946 Rescission Act as not services for purposes of US veterans benefit was amended after 63 years. This time, our Filipino WWII veterans? services are fully recognized as active military service for purposes of the benefits but only to ?the extent provided by law.? This is the qualification that makes a difference if our Filipino veterans are to be fully recognized. Their full recognition is valued to the extent of $198 million and limited to those who are fortunate to live to this day and still able to enjoy the benefits of this bill.

This bill addresses certain veterans? needs but did not really address the true meaning of equity. For those who stand to benefit, this is long overdue. However, the bill contains provisions that are troubling. One is the ?release? provision. It prohibits further claims from the US government in view of the receipt of this lump sum money. While we cannot validly state that this is the pension that they long deserve, the lump sum to be received is like a settlement claim or damages for the historical error. This is not the concept behind equity. It is about correcting the injustice and treating our veterans equally with justice and fairness for services they have rendered in the same way as their US veteran counterparts.

The $198 million budget is fully authorized to be disbursed by the Secretary of Veterans Affairs. Filipino veterans who are US citizens will receive $15,000 and non US citizen veterans residing in the Philippines will receive $9,000. There is a window of one year to apply for the compensation benefits; and, surviving spouses will benefit only if their veteran spouse are able to apply within the one year period. The Secretary of Veterans Administration must promptly execute the provision of this Compensation benefit. In the meantime, the US Veterans Affairs (USVA) through the US Embassy in Manila has released procedures on how to file a claim for our veterans who are residing in the Philippines. For those Filipino veterans who are in the US, we are still awaiting for regulations from the USVA.

After President Obama signed the bill on February 17, 2009, many Filipino veteran advocate groups celebrated the victory. But is there really a reason for a high five when this lump sum legislation gives no benefit whatsoever to Filipino veterans who fought years to gain recognition but did not outlive the passage of this bill? Neither does this lump sum provide any benefit to widows or the surviving family members of these Filipino veterans. Nor will there be any benefits for veterans who are now living but may not survive the next few weeks (or months) while the USVA is still to come out with regulations on how to apply for this lump sum.

In the meantime, we savor this bittersweet victory with reservation.

(Atty Lou Tancinco is currently chair of the Veterans Equity Center, a San Francisco based non profit organization. She may be reached at 02 887 7177 or at law @tancinco.com)

Megan and Philip met in the US in 2006. Their friendship turned into romance. After two years, Philip proposed marriage to Megan. It was at this time that Megan revealed that she was a ?TNT?. All the while she represented to Philip that she was a US citizen.

Philip was astonished to discover that Megan was ?TNT?. He was disappointed because he himself was a TNT and thought that Megan would be able to assist him with obtaining his green card. The relationship of Philip and Megan turned sour. Philip did not want to live as a TNT in the US and decided to come home to the Philippines. Megan stayed behind and refused to come back to Manila.

Megan was working as a ?caregiver? for a health care facility when the Immigration and Customs Enforcement (ICE) came to arrest undocumented workers. Megan was one of those arrested and put in deportation proceedings. While in deportation proceedings, Megan married her US citizen friend Mario in order that she would get her green card. Unfortunately, the petition by Mario on behalf of Megan was denied. As a result, Megan was eventually deported back to the Philippines. Upon her return to Manila, Philip picked Megan at the airport. Thereafter, Philip and Megan renewed their commitment to each other and lived as a couple again. Megan was still in denial on why her petition by Mario was denied when in fact they lived together and had a valid marriage.

Good Faith Marriage

Generally, marriage is the fastest option to obtain a green card. However, it is also the fastest way to be removed from the United States if it is discovered to be a fraudulent marriage.

To be considered as valid for immigration purposes, marriage must be legally valid and entered into in good faith from the time of its inception.

Marriage is legally valid if recognized as such by the law of the jurisdiction where the marriage took place. Once a marriage has been determined to be legal, the second line of inquiry is whether or not at its inception that marriage is bona fide. The test of its viability is whether the parties intended to establish a life together at the time they married.

A Matter of Proof

The burden of proving validity of a bona fide marriage is on the applicant. This may be proven through documentary and testimonial evidence during an interview.

Different types of documents may be presented by the parties during the interview, and, may include joint bank accounts, joint lease agreements, joint income tax returns, joint utility and telephone bills, life insurance, health insurance, joint credit cards, photographs with friends and family and written statements from acquaintances and neighbors.

The joint documents may not be difficult to produce especially if the couple has been living together as husband and wife for quite awhile. Despite significant documentation about the marriage, there are many cases where the examiner may still question the validity of a marriage. This is because the response of the couple during the interview may reveal a lack of spousal relationship. When this happens, the petition by the US citizen may still be denied despite substantial documentary evidence..

Marrying Pending Court Proceedings

When a Filipino in the US is put in removal or deportation proceedings, it is much more difficult to prove the bona fides of a marriage especially if the married couple has not been living together that long. Though the immigration court has jurisdiction over the deportation case, a spousal petition by a USC has to be filed with the USCIS which can approve or deny the petition. The USCIS examiner may schedule the couple for an interview. The examiner process may involve having the couple be interview separately but asking them the same questions regarding personal aspects of the marital relationship. Oftentimes questions delve into personal information such as the other spouse?s favorite food, color, friend, sport or television show. Other question may inquire into the other spouse?s scars, birthmarks or tattoos. If their responses do not match, they should be given an opportunity to explain. Should they fail to explain the differences in responses then the petition will be denied. This is what happened in the Megan?s case. She and her US citizen spouse gave different responses to the same questions and were unable to explain their discrepancies. Also, the US citizen spouse was also compelled to admit that the marriage entered into just to assist Megan obtain her green card.

Permanent Bar

If there is a finding that a Filipino has engaged in a fixed marriage to obtain a green card, a provision in the Immigration and Nationality Act bars this person from future immigration benefits. Hence, even if a spouse who has been found to have entered into a marriage for convenience later on marries in good faith another US citizen, he/she is still barred from receiving a green card. This harsh provision was intended to prevent foreign nationals from entering into fraudulent marriages.

Marrying for the Right Reason

There are Filipinos who enter the US and find legal ways to obtain their greencards. Unfortunately, there are those who also enter into fixed marriages to obtain their greencards because of the desire to get it the fastest way.

It must be remembered that the fastest way is not always the appropriate way of legalizing one?s stay. Marrying solely for purposes of ?immigration benefit? is not a solution but a compounding problem for many undocumented immigrants in the US. Megan made a mistake in not following her lover back to the Philippines. She could have avoided all the trouble and anxiety of having a deportation case. Sometimes, following the dictates of the heart may be the best path to take??. for it is our heart, our feelings of love and desire that may inspire us on how best we spend our lives wherever we may be.

(Tancinco may be reached at law@tancinco.com or at 887 7177)