Month: February 2011

In November 2010, USCIS published a new, revised Form I-129, the
Petition for a Nonimmigrant Worker. That revised form became effective
on December 23, 2010. Because there were a number of questions and
inquiries regarding Part 6 of the form (“Certification Regarding the
Release of Controlled Technology or Technical Data to Foreign Persons
in the United States”), USCIS advised individuals that they would not
be required to complete that section until February 20, 2011.

USCIS is now reminding petitioners that all petitions postmarked on or
after February 20 must include a completed Part 6 of the Form I-129.

The Department of State just published in the Federal Register the
final rule regarding fees and charges for the Exchange Visitor visa
program. This new rule solidifies increased user fees charged for
Exchange Visitor program services so that the federal agency can recoup
the full cost of such services. These new fees will take effect 30 days
after February 25, 2011.

For more information visit the Department of State website at http://bit.ly/eFX3Fz.

While increasing security at U.S. border crossings is still a hot
topic, the new federal budget asks for no major increases in border
spending. This lack of border security requests comes in the wake of a
U.S. Immigration and Customs Enforcement agent’s death in Mexico, which
supports the widespread belief that Mexico’s drug war is getting worse.

The Obama administration is asking for $10.4 billion for Customs and
Border Protection in FY 2012. In FY 2010, they requested $10.1 billion.
This funding will support just over 21,000 border patrol agents and
will enable DHS to hire an additional 300 officers at U.S. ports of
entry. Reductions in funding requests were made for the SBInet program
and the State Criminal Alien Assistance program.

The Department of Homeland Security has proposed to establish a new
system of records entitled “Department of Homeland Security/United
States Citizenship and Immigration Services—SORN DHS/ USCIS—013
E-Verify Self Check System of Records.” This new system the USCIS
E-Verify Self Check, will be voluntary and available to any individual
wishing to check his or her work authorization status prior to
employment. This should help individuals correct potential errors that
may exist in the federal databases that power the E-Verify system.

A person who use the E-Verify Self Check system will be notified that
either (a) his/her information matched the information in the federal
databases and he or she is work authorized; or (b) his/her information
did not match information in the federal databases. If there is a
mismatch of data, instructions will be provided as to how the person
can correct his/her record.

This new system will be effective starting March 18, 2011.

Arizona is seeking $760 million from the federal government to pay for
costs accrued by the state to jail illegal immigrants. According to a
filing in a U.S. District Court by Arizona Governor Jan Brewer and
state Attorney General Tom Horne, the federal government has failed in
its duty to prevent illegal immigrants from crossing the Arizona border
in vast numbers, which has left the burden of enforcement on the state.

In the lawsuit, it is claimed that Arizona is being invaded by illegal
Mexican immigrants and the federal government is not doing its part to
help the state manage this influx of illegal immigrants.

“While control of the border is a federal responsibility, illegal
aliens who successfully cross the border and commit crime in Arizona
become an Arizona responsibility,” Horne said in a recent television
interview.

The Departments of Homeland Security (DHS) and State (DOS) announced
today that they have created an annotated version of the B-1 visa, the
visa that is issued to foreign citizens who wish to enter the U.S. for
business purposes. This annotated version will now enable foreign
maritime workers to be eligible to apply for a Transportation Worker
Identification Credential (TWIC), which is a tamper-resistant biometric
identifier card maritime workers must have to enter secure areas of
maritime facilities.

“Strengthening the security of our maritime global supply chain is
critical to protecting our nation from evolving threats,” said Janet
Napolitano, Secretary of Homeland Security. “This new TWIC process is a
critical step toward ensuring that foreign maritime workers can quickly
and efficiently obtain the necessary credentials to do their jobs and
help grow the American economy.”

Under the new process, foreign maritime workers who must have a TWIC to
perform their official duties must notify DOS of this need when they
apply for a B-1 visa. Additionally, they must provide a letter from
their employer that indicates they will be required to perform services
in secure port areas.

The greatest generation’s population is dwindling very fast. Most Filipino World War II veterans are now in their eighties and nineties. During their twilight years, it will not be surprising that they want to be with their family and loved ones.

For one Filipino World War II veteran who has been residing in Northern California for more than 15 years, his last visit to his family in the Philippines resulted in his forced separation from his wife. This is not a typical case of deportation. As an 88 year old war veteran, Manong “Fred” was forcibly taken by his children and prevented from traveling back to the US.

Manong Fred was a widow when he arrived in the US fifteen years ago. He has adult married children who are all residing in the Philippines and are also beneficiaries of immigrant petitions.  Just like the majority of War Veterans, Manong Fred decided to reside in the US while waiting for his children’s petitions to become current. It has been more than 15 years and his children’s petitions are still waiting for their priority dates to become current.

During his stay in the US, Manong Fred was introduced to Aling “Lilia” who is a single mom and ten years younger.  He felt attracted to Aling Lilia and courted her. After a year of courtship, they got married in a civil ceremony. Both Manong Fred and Aling Lilia are senior citizens. They attend dances and parties together. Most of the  Filipino community in their locality know them as a happy couple who are inseparable.

There were times that Manong Fred would fall ill and require hospitalization. Aling Lilia was always there for him and attended to his every need until he recovered. Last year, this couple decided to visit their respective families in the Philippines. They bought their airline tickets with the same travel agent and traveled back to the Philippines together.

Arrival in the Philippines

Upon their arrival at the airport, they were met by Manong Fred’s son. Unfortunately, only Manong Fred was taken to ride in his son’s van and Aling Lilia was ignored. As she related this incident to me, Aling Lilia suddenly bursted into tears. She claims that her husband was forced to leave her and she was pleading that they do not take him without her. The son prevailed and took Manong Fred away. Aling Lilia was given a phone number to call to calm her down.

Since she was left alone, a stranger gave Aling Lilia a ride to her family home in Cavite. When she tried to call her husband, Aling Lilia was not able to connect. She has not heard from her husband since. In the meantime, Aling Lilia returned to San Francisco alone. She has been crying almost everyday. Her friends advise her to go to our legal clinic. As she was relating her story, she was sobbing and repeatedly asked for ways to have her husband back.  She pleaded for the return of her husband. She is not able to move around and misses Manong Fred.

Seniors in Love

Hearing the story of Aling Lilia was extremely agonizing like listening to woes of grieving widows. In cases of the death of a spouse, the widow knows that the deceased spouse is resting in peace. In the same way, deportees in immigration cases who are forcibly sent back to the homeland may suffer separation from family. This case of Aling Lilia presents a distinct but not an unusual situation. She is experiencing the painful rejection of her husband’s first family resulting in her emotional distress.

Anyone who knows the couple in San Francisco would attest to the harmonious and loving relationship that Aling Lilia has with her husband. According to Aling Lilia, she takes very good care of her husband and her stepchildren should know that she has no other interest but to spend the rest of her life with their father, her husband.

In a culture where parents have a major influence over their children’s future life partners, the same is also true when their parents turn senior citizens. The son of Mang Fred took it into his own hands to decide for the parent who the parent will “love” and live with.

This is a sad but real-life story. In this valentine season of love, we hope that Aling Lilia will be reunited soon with her husband and that the children of Mang Fred should remember that “love” is not only for the young but also for the young once.

(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)

Because of the recent winter storms, a number of USCIS offices,
including the Texas and Nebraska Service Centers, were closed during
the week of January 31. USCIS has commented that it will make
adjustments to recognize those that filed petitions in a timely manner
or responded to requests for additional information by the specified
deadline.

For more information about the effects of the recent closings on
immigration applications and petitions, please contact the USCIS
National Customer Service Center at 1-800-375-5283.