Month: December 2011

In 2011, the coming out of two Filipino nationals who are undocumented received public attention. Their disclosures created an impact on the current political debate on immigration. These are the stories of two “Joses”.

Jose 1

At the age of 12, Jose used a fraudulent traveling document to go to the United States. This was just the first step in his immigrant journey. Jose was able to attend U.S. schools and graduated on top of his class. He became a journalist, an extraordinarily talented one. He is a Pulitzer Prize winning reporter for the Washington Post.

Jose was forced to live a life of lies and deceit after he discovered that he was undocumented at the age of 16. He concealed the fact that he was an undocumented immigrant and instead made a decision to study and work hard. His belief then was that if he tried to work hard and achieve enough, he would be rewarded with a legal status or a pathway to U.S. citizenship.

Having been advised to keep a low profile like any undocumented immigrant, Jose instead went against the odds and took on political assignments that would expose him to the American public.  In fact, he was given access to places where only citizens who had undergone strict security checks are permitted to go. Three years ago, he even covered and wrote news stories about the presidential campaigns and election.

On June 22, 2011, in an article he wrote for New York Times, he finally admitted that he is undocumented. In his own words he said that he is done running and is exhausted. He got tired of living a life of deceit and made a decision to advocate for the passage of a bill that will help individuals who are similarly situated. He still remains in the United States and the Department of Homeland Security has issued no deportation order on him yet.

Jose 2

The case of Jose 2 is distinct in many ways. He arrived in the United States when he was fifteen years old with his parents. He entered legally with a valid passport and a valid visitors visa. A few months after his entry, his parents filed an application for political asylum. Jose and his parents were able to obtain employment authorization to work in the United States. Jose attended U.S. schools and graduated with a bachelors degree. He was able to get a job as a “dental assistant.”
The family’s application for political asylum was eventually denied by the immigration service on the ground that his family had not met the eligibility requirements that would constitute “persecution.”  Jose and his parents were put in proceedings. After the court rendered a decision denying their applications only his parents departed voluntarily for the Philippines. The young Jose was left in the United States.

Unlike the first story, this second Jose tried to keep a very low profile. His U.S. employer filed a petition for him to be able to get a visa and this petition was approved. But current immigration law still does not allow him to obtain his status in the United States.  To make matters worse, his appealed case was dismissed and he was being ordered to depart last November 2011.

After staying under the radar for many years, Jose made his case publicly known through various press releases and television appearances. He sought the assistance of an organization that assisted him to advocate stopping his deportation and extensively used the social media.  After an effective advocacy, lobbying elected public officials and widespread support from the immigrant community, the Department of Homeland Security extended his stay in the United States for another year.

The DREAMers

The two Joses are the real life stories of Jose Antonio Vargas and Jose Librojo. They spent most of their growing years in the United States and have promising careers. Every year, they pay their taxes. They are DREAMers, the children who were brought to the United States when they were young and whose decision to migrate was not their own. The DREAMers are those who are being penalized by law for decisions or mistakes made by their parents.

Unfortunately, current US immigration law does not have provisions that will allow them to continue to live in the United States. Unless the Development, Relief, Education for Alien Minors  (DREAM) Act is pass into law, thousands of individuals who are similarly situated will also be facing the same predicament.

This New Year, I remain hopeful that somehow a resolution to undocumented children will be adopted. The cases of the two Joses are stories of courage. Their coming out of the dark enlightens many of us about the realities being faced by young and talented individuals whose dreams are shattered because of a dysfunctional system. There is a glimmer of hope that this will change.  Happy New Year to all!

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

Charito, 83 years old, wanted to file an immigrant petition for Ramona, her 48 year old daughter to come to the United States. She was informed that since her daughter is now considered single as a result of the “annulment” of marriage, it would be faster to petition her.

When Charito was told that this petition would take approximately 15 years before the visa is finally issued to Ramona, she burst into tears.  By the time the visa is made available to her daughter, Charito will be close to 98 years old already.

The U.S. citizen father filed a prior petition for Ramona in 1996. Ramona waited 14 years for her visa to be processed; unfortunately, when her petition’s priority date became current last year, her father died after suffering from a heart attack. It was only recently that Charito decided to re-file a new petition.

Knowing that time is not in her hands, Charito still decided to file the petition. She is still hoping that during her lifetime, immigration rules will change and that she will be reunited with her daughter in the United States before nature takes its course.

Visa Bulletin

Unless the person being petitioned is a minor child, parent or spouse/fiancé of a U.S. citizen, the waiting period for an immigrant visa to become current is lengthy. Families may be waiting 5, 10 or even 20 years before being reunited. The reason for this protracted wait is that there are more visa applicants than the number of visas available for each year.

For December 2011, the U.S. Department of State is processing visa petitions of Filipino nationals that were filed on or before March 1, 1997, July 8, 1992 and September 8, 1988 for unmarried child, married child and siblings of U.S. citizens, respectively. The longest waiting period is 23 years for siblings of U.S. citizens. For married children of U.S. citizens, there is an approximate wait of 19 years.

Resolving the Backlogs

Family is the cornerstone of U.S. immigration. But, the policy of the current administration does not seem to recognize the importance of reuniting even the closest family members. When there is family unity, a stronger immigrant society emerges resulting in a strong economic base. This is the time for the U.S. to revisit its family immigrant policy.

One legislator in Illinois, Representative Luis Gutierrez, is a strong advocate for family unity. Considering that comprehensive immigration reform may be difficult to pass, the proponent of the bill together with Representative Chaffetz advocated adding more visas to family preferences. This proposal was actually incorporated in the recent H.R.3012, which increased the visa quota of each country from 7 to 15 percent. This proposal is expected to decrease the backlog and hopefully the 18 years wait may be reduced to 10 years.

This bill was passed overwhelmingly in the House of Representative but it is being held in Senate. A few days ago, Senator Grassley is proposing amendments to the bill to delete the proposal of increasing the visa quota in family immigration. Whether Senator Grassley will prevail in his proposed amendment remains to be seen but as it is, this recent development brings negative impact on family petitions.

The Broken System and the Choices Made

Unless immigration law is changed to address this massive backlog, there will be perennial cases of undocumented immigrants when family members try to enter through the backdoor. This is very distressing and a blatant violation of law. There is no excuse in violating existing laws. But in reality, the desire to be reunited with family members compel many to use extra-legal means.

If the immigration laws are not amended, returning to the ancestral homeland is always a choice. But this may be difficult for those who are already embedded in the mainstream United States, and who have invested their lifetime becoming productive citizens.  Retiring in the Philippines is a recognized option and programs for retirees should be designed to be more attractive for balikbayans to return permanently if need be.

This Christmas day, balikbayans who are able to celebrate the holidays with their families should feel blessed and be grateful. For not all who are abroad are able to reunite with their families for varying reasons. Aling Charito is one example.  She has health issues and financial restrictions from returning to the Philippines to be with her children. We all should be thankful wherever we may be this season especially if we are with our loved ones. Family is not just the cornerstone of immigration, but it is the very foundation of our existence, the source of our strength and the reason for our being. Merry Christmas to all!

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