Month: December 2020

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Merry Christmas from Tancinco Law, P.C.

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The challenges of 2020 during this pandemic crisis made us better individuals where the importance of being connected with family and loved ones remains a priority. We are grateful to you who had entrusted us with your visa/family matters and to you who had worked with us during this difficult time. We could not have made it without you.

Our best wishes for a 2021, the year that will bring us renewed hopes and optimism.

Lourdes “Attorney Lou” Tancinco
Tancinco Law, P.C.

NOTICE: Tancinco Law, P.C. will be temporarily closed from December 21, 2020 to January 3, 2021 due to a state-wide mandatory stay at home order. We resume operations on January 4, 2021.

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Notice of 2 Weeks Lockdown: Tancinco Law to Reopen January 4, 2021

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In view of the coronavirus surge in California and the mandatory stay at home order that recently took effect on December 18, 2020, the Tancinco Law P.C. will be temporarily closed from December 21, 2020 through January 3, 2021. We will resume operation on January 4, 2021.

If you have an EMERGENCY legal matter please email us at law@tancinco.com or leave a message on 1-888-930-0808 and we will try our best to get back to you.

Have a Blessed Christmas and a Happy New Year!

~ Tancinco Law, P.C.

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Updates

Revised Citizenship Test More Complex

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The new citizenship civic and history test that was recently released and became effective to applicants who filed their naturalization application on December 1, 2020 is more complex and confusing than the prior test.

An applicant to pass must answer 12 questions out of 20. Previously, applicants had to answer only 6 out of 20 questions. Applicants who are 55 or 65 years old who have been green card holders for 20 or 15 years respectively will be able to take the shorter version of the test answering only a total of 10 questions.

The revised questions are phrased in such a way that the answers are not just one word responses like before. Questions require detailed and longer answers. There are more “whys” and “what” questions. For example, Question 15: Why are there three branches of government? In prior tests, you are asked to name the branches of government but now you have to explain why there are 3 branches of government. Question 49, it is asking “Why is the Electoral College important?”, Question #60, “What is the purpose of the 10th Amendment?”, Question 114, “Why did the U.S. enter the Vietnam War?”. There is even a question asking about the meaning of a Latin word, Question 124, “The nation’s first motto was ‘E Pluribus Unum’ what does that mean?”

According to USCIS Deputy Director for Policy Joseph Edlow. “Naturalization allows immigrants to become fully vested members of American society, with the same rights and responsibilities as citizens by birth, and offering a fair test, which prepares naturalization applicants for these responsibilities, is of utmost importance to our agency.”

The revised naturalization test questions are not even reflective of a fair test and do not seem to have any connection to their future responsibilities as U.S. citizens. Requiring an applicant to respond to complex questions is setting up the process for more delays or denials of naturalization applications. Having been released during the Trump administration, it seems to have been designed to discourage potential voters from applying to become U.S. citizens. With the coming new Biden administration, the test questions must be revisited by USCIS and make them truly fair and reasonable for future U.S. citizens.

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U.S. Embassy Update: No Routine Visa Services Yet

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The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. The U.S. Embassy in Manila, while it began its phased resumption of routine visa services, has not returned to its routine visa services as of December 22, 2020. No specific date for the full resumption of visa services has been provided.

Visa interviews of applicants for tourist visas that are scheduled in the coming month have been cancelled through January 29, 2021 because of the challenges related to COVID-19 pandemic.

As Philippine conditions permit, the Embassy is phasing in processing some routine nonimmigrant and immigrant visa cases, for example: travelers with urgent travel needs such as those coming to assist with the U.S. response to the pandemic, followed by students (F-1, M-1, and certain J-1) and temporary employment visas (consistent with Presidential Proclamation 10052) and some immediate family members of U.S. citizens consistent with Presidential Proclamation 10014 and 10052. It has not resumed processing of K1 visa applications yet.

Currently, the U.S. Embassy is processing emergency cases, mission-critical visa services, certain employment based healthcare professionals, age-outs, replacement visas for applicants whose immigrant visas were valid on April 2, 2020

Visa applicants can find instructions on how to request an emergency visa appointment at:

  • https://www.ustraveldocs.com/ph/ph-niv-emergencyappointment.asp (Nonimmigrant Visa) or,
  • https://www.ustraveldocs.com/ph/ph-iv-expeditedappointment.asp (Immigrant Visa).
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Original DACA Program Reinstated By USCIS

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The Deferred Action for Childhood Arrivals (DACA) program was established to provide temporary protections to unauthorized young immigrants (DREAMERS) who were 30 years old or younger when the program was first announced in 2012.

The Trump administration was determined to end the DACA program through an executive action in 2017. Several oppositions and court cases challenged the rescission of the DACA program until it reached the highest court of the land. In June 2020, the Supreme Court ruled that the rescission of DACA in 2017 is unlawful. Despite the ruling, the Department of Homeland Security (DHS) failed to implement the full DACA program.

On December 4, 2020, the DHS was ordered by a federal judge to fully restore the original 2012 DACA program. U.S. Citizenship and Immigration Services (USCIS) released guidance in compliance with this court order and began to accept and process DACA first-time applicants.

As a result, effective December 7, 2020, USCIS is:

  • Accepting first-time requests for consideration of deferred action under DACA based on the terms of the DACA policy in effect in June 2012 or prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020 order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

A person can be eligible for DACA if they:

  1. Were born after June 15, 1981;
  2. Came to the United States before their 16th birthday;
  3. Were physically present in the U.S. on June 15, 2012 and when applying for DACA;
  4. Had no lawful status on June 15, 2012;
  5. Have continuously resided in the U.S. since June 15, 2007 until the present;
  6. Meet certain educational requirement or were honorably discharged from the U.S. Armed Forces; and
  7. Have not been convicted of certain crimes

DACA eligible applicants includes all eligible young unauthorized immigrants who were eligible for DACA but failed to apply before September 2017 rescission by the Trump Administration. It will also accept DACA applicants who applied after June 2020 but whose applications were rejected.

Individuals who are interested in applying for the DACA program may contact Tancinco Law, P.C. by visiting our website or by calling at 1 888 930 0808.

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Updates

When Unused Visa Expires Before Travelling to the United States

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In a meeting held on December 11, 2020 with the American Immigration Lawyers Association, the U.S. Department of State (DOS) clarified the specific steps to take in cases where immigrant visas were issued by the U.S. Embassy and the visa holder failed to use the visa to travel because of the pandemic.

As per relevant regulation, an immigrant visa once issued must be used within 6 months from date of issuance. Considering the pandemic crisis and with travel restrictions, there are cases where visa holders failed to travel within 6 months resulting in expiration of the immigrant visas that are stamped on their passports. According to DOS, visa holders in this situation must submit a new DS 260 and must pay another immigrant visa application fee.

The unused, expired visa and visa package must also be returned. Medical examinations are valid for 6 months from date of they were performed and police (NBI) clearances are valid only for 12 months. These documents must be valid at the time of re-application for visas otherwise, the U.S. consular officer will ask for submission of updated medical examinations and police clearances.

Individuals who need assistance with the re-application of their visas with the U.S. Embassy may contact Tancinco Law, P.C. by visiting their website or by calling at 1 888 930 0808.