Month: August 2021

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Updates

Updated Advisory: Traveling to the Philippines and the U.S.

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TRAVELING TO THE PHILIPPINES

Entry restrictions remain in place. According to the guidance issued by the Philippines Bureau of Immigration (BI), individuals in the following categories should be allowed to enter the Philippines, subject to the maximum capacity of inbound passengers at the port and date of entry, until further notice:

  1. Foreign nationals with valid and existing visas at the time of entry.
  2. Foreign nationals allowed entry under the Balikbayan Program (RA6788), provided they are nationals from non-visa-required countries under Executive Order 408:
    • Former Filipino citizens, together with their foreign spouses and children, regardless of age, who are travelling with the former Filipino citizens; and
    • Filipino citizens’ spouses and children, regardless of age, who are travelling with the Filipino citizen.
  1. Foreign nationals who are holders of valid and existing Special Resident Retiree’s Visas (SRRV) may be allowed entry without the need for an Entry Exemption Document (EED).
  2. Foreign nationals who are holders of valid and existing 9(a) or Temporary Visitor’s Visas, provided they present, upon arrival, an EED issued by the Department of Foreign Affairs (DFA), except for foreign spouses, parent/s, and/or children of Filipino citizens with valid 9(a) visas who are allowed entry to the Philippines without the need of an EED as of August 1, 2021, per IATF Resolution 128

The IATF recently approved the following revised rules for “Green Lanes” that will apply to fully vaccinated international passengers arriving in the Philippines as of July 26, 2021, except for Section 9(e) visa holders. These rules apply only to those whose point of origin is a Green List country/jurisdiction/territory.

NOTE:  The United States is NOT included in the list of “Green” countries per IATF Resolution 124-A.

Quarantine Information:

Individuals granted permission to enter by the Philippine authorities must undergo a 14-day quarantine and must have a confirmed booking for the first ten days at a hotel accredited by the Philippine Tourism and Health Agencies while awaiting their COVID-19 test results. The remaining four days will be a home quarantine under the local government unit of destination.   U.S. citizens must stay at the booked hotel until they receive a Philippine Bureau of Quarantine medical certificate. 

Per IATF Resolution 123-C, all arriving individuals fully vaccinated in the Philippines regardless of travel history, and those vaccinated abroad who stayed exclusively in “Green” countries/jurisdictions (see IATF Resolution 124-B) in the past fourteen days immediately preceding arrival, shall be required to undergo a seven (7) –day facility-based quarantine upon arrival, with the date of arrival being the first day. Note that the United States is not included as one of the green countries.

TRAVELING TO THE UNITED STATES

All airline passengers to the United States (including U.S. citizens and Lawful Permanent Residents) ages two years and older must provide either a negative COVID-19 viral test taken within three calendar days of travel or provide a positive test result and documentation from a licensed health care provider or public health official of having recovered from COVID-19 in the 90 days preceding travel.  Passengers must also attest, under penalty of law, to having received a negative qualifying test result or to recovery from COVID-19 and medical clearance to travel.  

U.S. citizens in countries where adequate COVID-19 testing is not available or may not be able to satisfy the requirements, should depart immediately or prepare to be unable to return to the United States until such time as they can meet the requirements.   

Categories
Updates

August 2021 Update on Consular Operations at the U.S. Embassy for Immigrant Visa Applicants

August 2021 Update on Consular Operations at the U.S. Embassy for Immigrant Visa Applicants
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The U.S. Embassy in the Philippines released its August update and reiterated that only limited scheduled appointments are being made as a result of the COVID-19 pandemic. Numerous visa applicants have been waiting for their visa interviews to be scheduled resulting in a severe backlog of cases on all immigrant visa categories.

The U.S. Embassy is using a tiered approach to triage immigrant visa applications, based on the category of immigrant visa in priority order:

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
  • Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  • Tier Four: All other immigrant visas, including employment preference and Diversity Visas

There is no specific date given on when the resumption of full visa services or processing of a specific category of visa would occur. If there is an emergency requiring urgent travel, a request for expedite may be made through the U.S. Embassy website.

For assistance on consular processing of visa applications, call Tancinco Law at 1 888 930 0808 or you may visit our website at www.tancinco.com.

Categories
Updates

Business/Tourist (B1/B2) Visa Interviews Cancelled Through September 30, 2021

The U.S. Embassy in the Philippine announced that it has canceled visa interview appointments for B1/B2 visa applicants through September 30, 2021.
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The U.S. Embassy in the Philippines announced that it has canceled visa interview appointments for B1/B2 visa applicants through September 30, 2021. This cancellation was made in response to the continued significant worldwide challenges related to the COVID-19 pandemic. Interview waiver renewals are not affected by this cancellation.

According to the U.S. Embassy applicants who were affected by this cancellation may request for a rescheduling of their appointment interview by contacting the Embassy once routine visa services resume but not at this time.  There is no fee to change an appointment. In fact, validity of the visa fee payment (MRV fees) is extended until September 30, 2022. Hence, there is no need to pay for a new fee when rescheduling a visa appointment.

Other non-immigrant or temporary visa interviews will continue as U.S. Embassy continues to prioritize travelers with urgent (i.e., matter of life and death) travel needs, foreign diplomats and certain mission critical categories of travelers, such as students and exchange visitors (F-1, M-1 and J-1) and temporary employment visas (H-1B, H2B and L nonimmigrants.

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Updates

U.S. District Court Judge Orders Injunction on Biden’s Priority for ICE Enforcement & Prosecutorial Discretion Memos

U.S. District Court Judge Orders Injunction on Biden's Priority for ICE Enforcement & Prosecutorial Discretion Memos
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If ICE were to immediately do an en masse arrest, detention and removal of millions of unauthorized immigrants from the United States, it will not only be an inhumane undertaking but there will also be an adverse socio-economic impact and a tremendous drain on government resources.

With a policy for a more compassionate immigration policy, President Biden issued policy directives through the Immigration and Customs Enforcement (ICE) agency early this year.

The Biden-Harris Administration came out with “priorities for enforcement” through ICE memoranda and directives:

(1) Pekoske Memo Dated January 20, 2021: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities;

(2) Johnson Memo Dated February 18, 2021: Interim Guidance: Civil Immigration Enforcement and Removal Priorities

(3) Maher Memo Dated May 27, 2021: Implementing Interim Civil Immigration Enforcement Policies and Priorities;

(4) Trasvina Memo Dated May 21, 2021: Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities

The Pekoske and Johnson Memos set interim guidelines for immigration enforcement, including providing guidance to ICE ERO officers on prioritizing enforcement actions, custody decisions, the execution of final orders of removal, and other actions. Priorities for enforcement listed those individuals who are threats to national security, border security public safety and those with convictions for aggravated felonies.

The Maher and Trasvina Memo, on the other hand, provided guidance on ICE exercise of prosecutorial discretion (PD) at all stages of ICE enforcement including, but not limited to, issuance of Notice to Appear, Cancellation of the NTA, Stipulation to Relief, Administrative Closure, Termination and Continuances of Removal.

Notwithstanding the compassionate and practical nature of the priorities for enforcement and the reasonable guidance provided on prosecutorial discretion as contained in the Memos, the States of Texas and Louisiana filed a lawsuit against the Biden Administration questioning the legality of the abovementioned Memoranda (State of Texas v. United States, 6:21-cv-16 (S.D. Tex. Aug. 19, 2021). As a result of the lawsuit, Judge Drew Tipton issued a preliminary injunction against ICE restraining them from enforcing the ICE Memos. The injunction was temporarily suspended on August 23, 2021 until August 30, 2021.

Before the issuance of the injunction order, several immigrants who are in removal proceedings applied for Prosecutorial Discretion based on the relevant ICE Memo resulting in closure and sometimes termination of removal proceedings. With the injunction, the ICE priorities for enforcement and the prosecutorial discretion based on the subject Memos may not be enforced in the interim pending litigation. But this does not necessarily mean that the immigrant in removal proceedings may not avail of the request for prosecutorial discretion and other applicable reliefs based on ICE long standing policy. It will be best to seek legal advice from professional legal counsel for existing remedies that may still be available pending the final decision on the lawsuit.

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Featured

New CDC Policy: Covid-19 Vaccine Required for Green Card Applicants

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Starting October 1, 2021, applicants for immigrant visas or green cards whose applications are pending before the U.S. Citizenship and Immigration Services and or the U.S. Embassies are required to show proof that they are fully vaccinated against COVID-19.

This new policy was released by the U.S. Centers for Disease Control and Prevention. It will be applicable to applicants who complete their Medical Examination or their Form I-693, Report of Medical Examination and Vaccination Record on or after October 1, 2021.  If the medical examination or I-693 was completed before October 1, 2021, and remains valid, proof of COVID-19 vaccination will not be required.

Applicants for green cards who refuse the vaccine and do not qualify for any of the CDCs limited exemptions will be deemed inadmissible and be denied their visas.

Vaccinations that are recognized as valid are the Pfizer-BioNTech, Moderna or Johnson & Johnson vaccine.  If none of these vaccinations are available in the country of origin of the applicant, CDC will accept different-COVID-19 vaccines as recommended by its Advisory Committee on Immunization Practices.

There are waivers and exemptions from the vaccine requirement that may be applied.  CDC will waive COVID-19 vaccine requirement for individuals who are too young to safely receive vaccines and for people with contraindications, i.e., health conditions that indicate that s/he is likely to have a severe adverse reaction to the vaccine. It can also be waived for individuals from countries with no or limited COVID-19 vaccine supplies.

Exemptions of this requirement may be applied for visa applicants who refuse the vaccine based on religious or moral grounds. However, no exemption will be provided to those who claim that they contracted COVID-19 and are still immune to the virus.

Categories
Updates

Pathway to Citizenship Gaining Momentum

Pathway to Citizenship Gaining Momentum
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Congress Passes Budget Resolution Paving Way to Legalizing Certain Immigrants

On August 24, 2021 the U.S. House of Representatives passed the Budget Resolution on a 220-212 vote allowing a budget reconciliation bill to move forward in Congress. The budget resolution includes over $100 billion to support legalization programs for Dreamers, recipients of Temporary Protected Status, essential workers, and other eligible immigrants, as well as other reforms to the immigration system.

Both the House and the Senate instructed their respective Committees to draft reconciliation legislation including language that will provide a pathway to citizenship for eligible unauthorized immigrants.

A stand-alone bill to be passed in Congress requires a majority vote of the House of Representative and the usual 60 vote threshold in the Senate. With a politically charged immigration issue on the legalization of millions of undocumented, it may take a while before an immigration bill is passed into law. But a “reconciliation” process allows a simple majority to pass certain types of legislation evading a Senate filibuster. And since the current Senate is split 50-50 and the Vice President, who casts the tie breaking vote is a Democrat, a reconciliation bill could pass without any Republican support.

The immigration provisions on the budget reconciliation bill may not be the comprehensive immigration reform bill that has been anticipated for many years. While the language of the bill is still being drafted, nothing definite is to be expected but it is likely that certain categories of immigrants (basically the Dreamers, recipients of Temporary Protected Status, “essential” workers), may benefit from the immigration provisions of the budget reconciliation bill.

The “Dreamers” are the undocumented immigrants who came to the U.S. in 2019 or earlier, at 17 years or younger and are either in school or have completed the equivalent of a high school diploma. “Essential Workers” include those engaged in industries defined as “essential” by the U.S. Department of Homeland Security. The industries that essential workers support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, and law enforcement.

A final vote on the final Budget Reconciliation bill is expected in the coming weeks.

For further information, please contact Tancinco Law at www.tancinco.com, law@tancinco.com or by calling 1 888 930 0808.