Month: December 2009

I recently met Nenita, a retired teacher and widow who now lives alone in her 3-bedroon home in California. She has a son who already has his own family and lives in another State. Nenita no longer looks forward to the holiday season and downplays the festive spirit around her. She claims that ‘Christmas is just another day’ and the New Year will just be another year. Relatives rarely visit her and everyone she knows is busy with their own everyday challenges.
 
Nenita represent the sentiment of many Filipino-Americans. Though her thinking may not be uncommon, I would still say that many of us remain thankful for surviving another year of challenges. For many Filipino immigrants, important legislation passed into law conferred new benefits as well as new hope for what is yet to come.
 
Legislation Passed
 
One of the significant bills signed into law by President Obama in 2009 was the American Recover and Reinvestment Act of 2009 or the “Stimulus Bill”. Billions of dollars were appropriated under this law for many US businesses, financial institutions and other government agencies to stir up the economy. Included in this stimulus package is a $198 million allocation for the Filipino Equity Compensation, which is more commonly known as the lump sum benefit for Filipino World War II veterans.

These benefits of  $15,000 and $9,000 were released initially in March 2009 and continue to be disbursed to Filipino veterans living in the US as well as those living in the Philippines. This one time payment is considered by some veterans group as their ‘ultimate’ victory in their struggle for recognition. Many other veterans groups and their supporters, however, believe that the lump sum is simply a monetary benefit. These groups are of the opinion that the monetary payment has not addressed their claim for justice and equal treatment.  As many widows and veterans continue to be excluded from the lump sum benefit, the more these veterans groups claim that there is still inequity even in the implementation of the lump sum benefits.

In the area of immigration, an amendment to certain provisions of the Immigration and Nationality Act was incorporated in a new bill signed by Obama. This new law contains immigration benefits for survivors of deceased petitioners residing in the US as well as widows of US citizens.  This law now gives a chance for certain family members to be able to get their green cards even if the spouse or relative who petitioned for them is already deceased.

A Ray of Hope

Loss of jobs for many Filipino-Americans also means loss of benefits like health care insurance coverage. Employees who loose their jobs usually also loose their health insurance coverage. Many uninsured Filipinos are looking forward to the passage of the new health care bill, which promises affordable insurance coverage to an estimated additional 31 million Americans. As of this writing, both the House and the Senate have already approved their respective versions of the health care bill. It is expected that once the two bills are reconciled the health care bill will be signed into law early 2010.

The debate on a comprehensive immigration reform bill will hopefully begin as soon as the health care is passed into law. Without waiting for the health care bill to be passed, one brave legislator from Illinois, Luis Gutierrez, introduced an immigration bill two weeks ago. This is the Comprehensive Immigration Reform for America’s Security and Prosperity (CIR-ASAP) Act of 2009. So far this bill has 87 co-sponsors.

If this bill is passed into law, there will be an “earned adjustment program” for the undocumented immigrants in the US. Temporary visas for six years with employment authorization and travel documents will be given to eligible applicants who are currently undocumented.

With current high unemployment rates in the US, the immigration issue is expected to become very controversial. Anti-immigrant groups are already opposing any form of legalization for undocumented immigrants. They claim that undocumented immigrants grab jobs from US citizens and legal residents. Those who support the legalization of undocumented immigrants, however, claim that the estimated 12 million undocumented immigrants were already employed even before the economic crisis and with the downturn, a big percentage of them have likewise lost their employment as well.

For the Filipino World War II veterans, the introduction of this CIR-ASAP bill also brings new hope that their children’s petitions will soon be processed if the bill is passed. There is a specific provision in the bill, which provides that sons and daughters of Filipino World War II veteran are exempt from the annual numerical limit. This means that the long period of wait for their priority dates to become current will no longer apply if the CIR-ASAP becomes law.

Most of the more than 4 million Filipino immigrants in the US remain optimistic of what it is to come for 2010. There are good indications that we are already on our way to an economic recovery with improvement in the employment rates.

The last couple of years have been challenging for every immigrant. No one has been spared from the effects of the economic crisis. However, in the circle of life good things as well as bad things happen. We just need to hold on to the belief that even when things look the worst, time will always come when things are just going to get better. We just need to take responsibility by taking action and doing our part to adjust to our predicaments in life. Good things are coming our way. Happy and bountiful New Year to all!

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

Gerardo’s father was found dead in his room three Christmases ago. His father was a World War II veteran and was already 86 years old at the time of his death.  The father was sharing a room in a City in northern California with four other veterans.  Gerardo’s father immigrated to the US as a World War II veteran and was advocating for his pension rights as a US veteran. He died never having received any US veteran pension.

Now Gerardo is facing deportation. A court order was handed to him. He is being asked to depart voluntarily on or before December 25, 2009. He bought a ticket to return to the Philippines on Christmas Day. He will leave behind his US citizen spouse and all his four minor children who are all US citizens.

Deportation courts do not put any significance on holidays. The US government understands that deportation or removal results in family separation but nevertheless the law must be upheld.

He Must Depart
    
Gerardo entered the US in 2003 with a crewman’s visa. He married his long time girlfriend Lisa who is a US citizen.  After filing a petition for Gerardo, Lisa was told that Gerardo could not get his green card in the US. Gerardo would have to leave and get his visa in Manila.  People who enter the US under a Crewman’s visa are not allowed to adjust their status.  Gerardo refused to leave the US and so he was put in deportation proceedings. During the hearing, he was told that he has no legal recourse except to voluntarily depart. He would have to leave the US and then only be allowed to return after processing his visa outside the US.

It would not be a difficult choice for Gerardo to depart except that the present economic crisis presented him with challenges. His wife is suffering from an illness that prevents her from being gainfully employed.  The wife is dependent on Gerardo’s health care insurance to continue her medications. If Gerardo departs, she will be left without insurance and will not be able to continue receiving treatment. She will then have to rely on government assistance.

After having attained the American dream of owning a home, Gerardo is now facing foreclosure. Being the sole breadwinner, Gerardo’s deportation will result in loss of income for the family.  Their home will be foreclosed, as they have no other means of paying their home mortgage.  Gerardo’s family will be forced to transfer to low income housing units where their rent will have to be subsidized by the government. This also means that their minor children will have to be uprooted from their current school to a new school near their new home.

Gerardo maintains his strong faith in the American system. He had seen how his father Ed was always hopeful that the US government would recognize the Filipino veterans for their sacrifices and courage during World War II.  His father passed away without giving up that hope. Unfortunately, his father died without receiving any of the lump sum benefit under Obama’s stimulus package given to Filipino World War II veterans.

In anxious anticipation of this upcoming trip this Christmas day, Gerardo is preparing himself for his departure. All he carries with him is the “hope” that the US government will someday afford him the opportunity to return to the US and be with his family for good.

Family Unity

Deportation means banishment. It is a cruel penalty for immigrants who have fallen through the cracks. Above all, it results in separation of families.

Immigrants face the harsh consequences of restrictive immigration policies. There are no available reliefs for crewmen who enter the US after 2001.  The same situation may also apply to people who enter the US with fiancé visas. Despite having strong family ties and equities, a person who enters on a fiancé visa and who fails to obtain a green card through the petitioning fiancé, is forever barred from receiving visas through any other US citizen petitioner spouse.
     
Enforcement of final orders of deportation for those who have absconded is still very common. The Immigration and Customs Enforcement boast of more than 5,000 arrests for this year.  Regardless of the Christmas season, they continue to perform their ‘duty’ of ‘separating families’ mercilessly.

Amazing Faith

There is no moratorium on deportation during Christmas. Gerardo will depart the US even if it will entail separation from his family. This is the law in the US that he holds in high regard. His family is his only valuable possession.  To sacrifice this season with separation from his family will be his most painful challenge yet. Like his father who decided to sacrifice the last years of his life waiting for his veteran benefits, Gerardo will follow the same path. He will depart carrying with him the hope that the US government will allow him to re-enter and be with his family someday.

As I look in the eyes of Gerardo while he was talking about his predicament, he said to me “there will more Christmases and I know that I will soon be with my family again. I am not dying yet I will just depart temporarily.” It is amazing how much faith and hope Gerardo holds.

For this Christmas season, as many experience loss and separation, there is still this choice to be contented with whatever present situation one is currently in. There is still a gift of life that we may yet live to the fullest if we have to. I find inspiration in Gerardo. His courage and acceptance of his fate are admirable. He is looking forward to his family reunion someday. Whether cultural or otherwise, it is more fitting to be adopting the attitude of acceptance and to keep our spirits high this season  “no matter what.”   Merry Christmas to our IMFO readers!

(Tancinco may be reached at law@tancinco.com or at (02)8877177)
 

Christmas season is a time for sharing but not for an immigrant elderly couple in California. Having endured more than three decades of abuse from her husband, Rosa finally made a decision this Christmas to leave their conjugal home.

US immigration law has provisions that protect the immigrant spouse from being a victim of domestic violence. Under the Violence Against Women Act (VAWA), an immigrant spouse may be divorced or separated from the US citizen yet still be able to obtain a green card if there are indications of abuse on the part of the US citizen. We rarely hear of US citizens as victims because most immigrant stories are concerned with abuses on immigrant spouses. While not common, there are also US citizens who fall victims to the immigrant spouses they petition.  Having petitioned their spouses because of love and good faith intention to marry, some US citizen petitioners also become victims when their immigrant spouses behave in ways showing that their real motivation is just to obtain a green card.

Marrying Late

Rosa’s parents were one of the first Filipino immigrants in Hawaii in the early 1900s. She was born in the US but her family returned to the Philippines when she was five years old. She grew up and was educated in Manila.

Rosa returned to the United States in the late 1970s when she accepted a job offer from a hospital in New York. During one of her few visits in Manila, Rosa met Ricardo who was 10 years younger than her. After a brief courtship, they got married. She petitioned Ricardo who then arrived in the US as a green card and they have lived together as a couple for the last 30 years in Southern California.

A few weeks after Ricardo arrived in the US, Rosa noticed the change in her husband’s character. He became controlling and would easily get angry when he did not get things done his way. Moreover, the couple never had any children as Rosa was not biologically capable of conceiving. Despite their relationship difficulties, Rosa still loved Ricardo and did everything to make their relationship work.

For many years, Rosa endured the harsh treatment she got from Ricardo for fear that the latter would leave her. She surrendered everything to him including all their financial affairs and decisions in regard her employment. Rosa was forced to retire early and stayed home to attend to the household while Ricardo continued working.

The Cycle of Abuse

Ricardo yelled and cursed at Rosa for little things such as failure of Rosa to obtain an item from the grocery. She got humiliated whenever household chores were not accomplished on time. At one instance, Rosa raised her voice and in retaliation Ricardo grabbed a knife and threatened her with it. While she was not physically hurt in this incident, Rosa remained fearful because of violent threats like these from Ricardo. These threats of violence happened several times.

After every violent encounter, Ricardo would calm down and try to make it up by showering Rosa with expensive gifts or travels. When matters had settled down after a certain period, Ricardo would go back to his abusive ways again.

Rosa tried many times to leave Ricardo. She even went to court for a restraining order and stayed in a friend’s house for a month. But every time she left, Ricardo would be able to win her back. She would eventually return home with him again. Ricardo oftentimes contacted their religious ministers and counselors to talk to Rosa about not leaving him and how they should remain together as a couple. Despite great difficulty and reluctance on her part, Rosa would eventually bow to the pressure from their religious elders and always gave the relationship with Ricardo lots of chances to work out.

Determined to Leave

Rosa, who just turned 80 years old this year, finally made a determined decision to leave Ricardo. Last month, she went to her doctor for treatment and never returned home. With the help of her physician she was able to reside in an elderly care home.

Ricardo was very upset with Rosa’s decision to leave. She now has a restraining order against Ricardo who may not come and visit Rosa at the care home.

It took many years for Rosa to make this final decision to leave. She gave her husband many chances to change. Rosa regrets having married him. Despite having been married to Ricardo for all these years, Rosa keeps repeating that in her heart she was just used by Ricardo for obtaining the green card. The process of petitioning took place several decades ago but Rosa keeps blaming herself for petitioning Ricardo.

An Ordinary Day

The elderly care home where Rosa now resides is filled with Christmas spirit and festive decorations that indicate holiday cheers. Children and grandchildren visit the residents of the care home every week. Rosa, however, remains mostly alone without any visitors except for a few friends who visit now and then. Nevertheless, she claims that she is filled with peace in her heart.

Christmas connotes joyful celebration and sharing with loved ones. For Rosa, she loved her husband more than herself. But this time, she said that she is exhausted and had to make this decision to be ‘left alone’ even if this meant that this might be a “lonely” Christmas for her.

Just when most people plan on having reunions with family this holiday season, we should be aware that there are also individuals who may decide to be alone. It is an available choice that individuals can make.

Prior to learning about Rosa’s case, I had always perceived of retirement homes negatively for Filipino seniors. I had always thought that retirement in the Philippines surrounded by relatives and friends would be better than living alone in an elderly care home here in the US.  But then I realized that it is a matter of perspective. Each of us came from different backgrounds and experiences and we have no right to judge others on how they decide to spend their retirement years much less impose our standards of Christmas on them.

For Rosa, being in the residential care home is her ‘haven’ away from an abusive spouse. She does not care that she has to give up the comfort of her own home or the retirement savings that is in the possession of her husband. She is already of advanced age and feels exhausted. After so many years of being in an abusive relationship, all she wishes for is solitude. Rosa finally garnered enough courage to change –she wants to be left alone. Let her be.

(Tancinco may be reached at law@tancinco.com or at 8877177)