Month: January 2023

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Updates

2023 May Be A Good Year to Naturalize

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The Pew Research Center has shared a new study showing that naturalizations in the United States have risen at levels unseen as far back as 2008.

In 2022, more than 900,000 immigrants became US citizens. The last time it was this high was in 2008, when over a million became citizens.

This comes after two years of the pandemic, which caused a sharp drop in naturalizations, and an increase in backlogs.

Now three years into this pandemic, it could be observed that the Biden Administration started normalizing and streamlining immigration processes and has seen an increasing number of immigrant applicants applying and getting their citizenships.

Among the countries with the biggest rebound in naturalization is the Philippines, which only followed Cuba and Jamaica. This makes the Philippines the Asian country with the biggest rebound.

Another notable number is 670,000 – this is the number of naturalizations that are still pending, signaling that there are more citizenship ceremonies to come. 

This backlog is also seen to be reduced quickly as the Biden administration has put in place many improved processes like simplifying forms and redirecting the load of some immigration offices to those less overwhelmed.

According to Pew, the median time of processing a naturalization process now is around 10 months.

With the Biden administration continuously making background checks less strict and less discriminatory, it might be a good time to pursue naturalization.

For long-time residents with a long immigration history, it may be best, nonetheless, to seek advice or legal assistance from a trusted immigration lawyer before filing an application for naturalization.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area  and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

Leaving our hearts in San Francisco after 30 years

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I had the bragging right of doing business in the most beautiful city in America for 30 years. Until this year, when I decided not to renew our lease. This morning, as I read the news that more big tech companies were leaving their San Francisco offices, it validated what I already knew, that this city we were proud of has been transformed from a bustling tourist town to an unsafe place where crime and the homeless population have significantly increased. To be specific, I can cite the area where our office is located, right above the BART Powell Station, on 5th and Market. This is also where the Tourist Information Center is located.

On Christmas Day, I received holiday text greetings from close friends who also shared a news release from the UK DailyMail.com describing the taxpayer-funded San Francisco Christmas Market (located right were our office used to be on Hallidie Plaza) as a “dystopian hellhole after being besieged by city’s famed druggies.” My friends knew that I had been in that part of the City for three decades, so when I told them we had moved the office to Burlingame (20 minutes from the City), they all said “good decision.”

In 1992, as new immigrants with a very young family, my husband and I took a leap of faith and opened our own law firm. We had to choose the best location, and at the time, what could be better than being near the Powell station, the cable car turn- around, The Emporium, San Francisco Shopping Center and Union Square. I told my husband as we were starting, perhaps we would have walk-in clients or entice clients to visit us in the best part of the City, which is accessible to all tourist spots and the best shopping malls. True enough, we were able to slowly build our client base as the office location was convenient and attractive to those who wanted to travel to the City.

Our office overlooked Market Street from Hallidie Plaza, and our clients sometimes took pictures as if the office was also a tourist spot. The view from my office was like a wide TV screen showing the energetic mood of people walking around Market and Powell either as tourists, residents or workers. I found joy in the appreciative comments about our office location. Clients would hang out in the malls or just walk around Union Square while waiting for their appointed time to consult us. During office breaks, we would go down to the mall for coffee or a brief lunch with friends who also worked in the City. The restaurants near Hallidie Plaza were favorite hangout spots after work hours, and we did not mind what time we left the City. We knew that where we parked our cars was safe. It was a perfect location. In fact, there was even a time when chess boards were laid down on a sidewalk for anyone who wanted to play. I can still vividly recall onteresting scenes from the City.

Fast forward to the pandemic days. March 2020. With COVID-19 outbreak, we strongly suggested that the law firm operations in its physical location be suspended. To sustain our operations, we converted to a virtual law practice. In 2021, when businesses began to open in the City, we had to make a difficult decision again. Would we resume operation in the City? It was during this time that hate crimes and incidents against Asians increased. We were to beware of the virus and hate crime perpetrators as well. With homeless camps and crime rates growing, we decided not to renew our lease.

We moved our physical office in Burlingame CA. This time my view is no longer the once bustling city, but the San Francisco Bay. I now can see planes landing and taking off from the San Francisco airport. It is calming and the beginning of a new era for the law firm.

Whether the decision to move our law firm out of San Francisco was good or bad, it was honestly a difficult one to make. I know there are other areas that may be safer than Fifth and Market, in the City I called home, where we grew our careers and spent half of my life. Deep inside, I hope that one day, San Francisco will regain its old glory, as a favorite tourist destination and an ideal place to work.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area  and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

Tancinco Law 4.0: 2023 Onwards. The Era of a Hybrid Law Firm.

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Typewriters, copier machines, telephone landlines and stack of legal pads..these were the initial office tools that we had when Tancinco Law opened in May 1992.  The office was located at the center of downtown San Francisco on Fifth and Market.

In 1992, Tancinco Law was founded by two alumni of the University of the Philippines College of Law, spouses Rey and Lourdes Tancinco. Equipped with a law degree, Philippine and California bar licenses, they started their own practice to provide legal services to their fellow immigrants in their adopted land.

F.B.I. were the initial areas of practice:  Family Law, Business Law and Immigration. As the years passed and as the client base increased, it found itself practicing 80% immigration law with clients mainly from the first generation of Filipino immigrants.

The First Decade: 1992-2002 “Baby Steps” Years

Just like a toddler learning to walk, the first 10 years were marked with baby steps to building clientele. Family and close friends were indispensable to building the practice. In fact, the first few attorneys and staff were close friends. It was during this first decade that Attorney Lourdes Tancinco (Atty Lou) engaged voluntarily in community service by providing pro bono legal services to Filipino World War II veterans who were new immigrants then arriving under the IMMACT90. Through the free legal clinic, thousands of elderly veterans were able to reunite with their spouses and other family members.A 501(c)(3) organization was co-founded by Attorney Lou, the San Francisco Veterans Equity Center (SFVEC).

Tancinco Law’s immigration practice took on general immigration cases such as family and employment based visas. Highlights of the practice was the increase of the healthcare workers being petitioned by hospitals and health care agencies. During this decade the H1A visas, specifically created for registered nurses, were issued to many Filipino nurses assisted by the firm.  The firm also assisted with getting visas for managers and employees of businesses in the Philippines extending their operations in the United States. In 1997, a legislation was passed resulting in the major overhaul of the Immigration & Nationality Act making it more difficult for those with prior fraud immigration violations and criminal cases to legalize their stay in the United States.

While no legalization law was enacted, Section 245i was enacted giving opportunity for those in unlawful presence to adjust status as long as they have approved petitions filed before April 30, 2001. Thousands of Filipino clients took advantage of this legislation.

Second Decade: 2002-2012 “Expansion Years”

The second decade is about expansion. Physical locations of the Tancinco Law were established. First with the Manila office in 2007, Vallejo in 2008, Milpitas in 2012. With the physical offices in various locations Tancinco Law attorneys were able to reach more clients in close proximity to the office location.

With no new legislation affecting immigrants coupled with the 2008 Recession, the practice of law was somehow adversely affected. Nonetheless, the firm continued its immigration advocacy as Atty Lou continued to engage in educational campaigns through her newspaper columns published weekly in Philippine Daily Inquirer, Philippine News and Filipino Guardian. It was also during this second decade that Attorney Lou embarked on a non-traditional lawyering project, that of a Host and Producer of an Immigration TV show known as GMA’s Pusong Pinoy Sa Amerika. Pinoy Panawagan at TFC’s Balitang America was also launched where she appeared on TV answering viewers’ questions on immigration matters. 

One of the historic moments during this decade was enactment into law of the Filipino Veterans Compensation Act of 2009. Atty  Lou through the San Francisco Veterans Equity Center, and other community advocates actively lobbied for the passage of this Act which benefited thousands of Filipino veterans who fought during World War II.

The Third Decade 2012-2022 “Survival Years & the Birth of the New Normal”

With four physical locations in existence, a fifth location was established in 2015. The goal was to reach more clients in the Los Angeles area. The law firm became busy this era not because we had more clients availing of services but because we had more inquiries about consequences of Trump’s anti-immigrant policies. Restrictive deportation rules were enforced. The firm was able to assist clients in their removal cases and successfully got their green cards despite the lengthy wait.

This decade experienced the worst and unexpected crisis: the COVID-19 outbreak in the early months of 2020. The firm closed all of its 4 physical locations. Operations of Tancinco Law were done remotely. Attorneys and staff using technology were all working from home but efficiently reached out to clients and completed tasks more productively. The pandemic years gave way to the new normal, the hybrid law firm where the practice will continue to use technology to provide efficient service to its clientele.

The physical location of the office moved from the City of  San Francisco CA to Burlingame CA (near SFO Airport about 20 minutes away from the City). Tancinco Law remains very accessible to existing and potential clients. On its website, clients may reach attorneys and schedule appointments. The phone number and email addresses are the same.

2023 will be the beginning of its 4th decade. No more typewriters and paper files. It is an operational hybrid firm that has adopted the new normal of being a paperless office, staff working remotely and communicating more efficiently using different platforms. Tancinco Law is moving forward and continuing its commitment to provide services to the immigrant community especially now that it has retooled using new and best digital technology. 

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Featured

10 Immigration Issues Important to Filipino Immigrants in 2023

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Family reunification and better economic opportunities are still the most significant considerations for immigrating to the United States. Intending immigrants or those who want to work in the United States also face several challenges. Below are just a few of the many important issues that are either beneficial or are drawbacks to Filipino immigrants.

1. Visa Backlogs and Lengthy Waits

Priority for issuance of visas  to immediate relatives of U.S. citizens is the current policy of the U.S. Department of States. So in 2022,  we have seen more visas being issued under this category which includes parents, minor children and spouses of U.S. citizens. Fiance petitions by U.S. citizens have also benefited from this priority preference.

Unfortunately, those who do not fall under this priority preference experience lengthy waits before they are called for interviews. The U.S. Department of State reported that as of December 2022, there are globally 377,953 who are classified as documentarily qualified and only 33,406 have been scheduled for interviews. The interviews are being scheduled according to date of completion of submission of documents to the National Visa Center. So the earlier the documents and forms are submitted the sooner that the visa applicant may be added to the queue,

2. Retrogression of EB3 Other Workers- “Caregivers” 

In the last couple of years, the priority dates for other workers under the third preference employment based category for Filipinos have been current. When a priority date is current, that means that visas are available. Hence, many unskilled workers including our health caregivers were issued visas under this category. Unfortunately, in May 2022 of this year, this visa category retrogressed to June 2020.. There will be a couple of more years of wait but the good news is that the filing chart allows for the processing of visa petitions with priority dates of June 2022. 

3. Registered Nurses and Physical Therapists

Registered Nurses, Physical Therapists and other allied health care workers other than those mentioned under the other workers category are still “current” for purposes of filing and final issuance of visas.  

This year, there was a proposed legislation for the elimination of the numerical per country quota. If this is going to be re-introduced again the visas under the EB3 category will be severely impacted.  Healthcare professionals looking to have their visas issued must get their applicant processed without further delay to avoid being affected by any future legislation.

4. Waiver of Interviews of Non-immigrant Visas At the U.S. Embassy

The State Department waived most nonimmigrant visa interviews for individuals renewing visas that expired in the last 4 years, and it authorized interview waivers for many work visa applicants. Included in this waiver of interview are visitor (B1/B2)  visa holders. About half of all nonimmigrant visa applicants no longer need a visa interview. This has helped to partially recover the backlog of nonimmigrant visa processing. This policy shall remain in place until December 2023.

5. Human Trafficking Awareness & Immigration Relief

In California, at least 2 cases of human trafficking and labor exploitation were filed against Filipinos. Unfortunately, their victims are also from the Philippines. The latest one is the case in San Francisco where a couple was charged with exploiting and trafficking a woman who took care of their child. Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency.  There has to be an awareness on the part of U.S. employers on what constitutes human trafficking and individuals must learn to assert rights against traffickers to prevent becoming victims of  inhuman and degrading  treatment by unscrupulous individuals.

On December 27, 2022, President Biden signed the “Countering Human Trafficking Act of 2022,” which codifies and expands the Department of Homeland Security’s (DHS) Center for Countering Human Trafficking (CCHT). The bill authorizes $14 million to carry out the Act and ensures that the CCHT is staffed with at least 45 employees to carry out the Department’s critical work to combat human trafficking.   

6. Public Charge Rule

In March 2021, President Biden rescinded a public charge rule that, in effect, banned most family sponsored  immigrants with low incomes. 

On December 23, 2022, a new final rule on public charge went into effect. Under the new rule, it is safe for immigrants and their families to use health, nutrition, and housing programs for which they qualify. Health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services.

Only those deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Immigrant visa applicants must consult with their legal counsel on how this new public charge rule will benefit them in their applications.

7. Availability of H2B Temporary Working Visas 

Unlike other countries,  U.S. immigration law has very  limited numbers of temporary visas that are available to non-agricultural unskilled workers. In December 2022,  Biden administration increased the numbers of H2B visas to 64,716  for Fiscal Year 2023. About 44,700 visas are allocated to returning workers who received H2B visas during the last 3 years. These additional visas are available this winter and summer of 2023.

A few years back Filipinos were banned from receiving H2B visas but this suspension has already been lifted. U.S. employers may avail this type of visa for certain temporary and seasonal occupations such as restaurant/hospitality, maintenance, construction, landscaping among others.

8. Returning Green Card Holders

Three years into the pandemic and there are still green card holders who “overstayed” in the Philippines and have not returned to the United States. Those who stayed beyond one year outside the United States are considered to have abandoned their residence unless a returning resident visa is obtained from the U.S. Embassy. Not all returning resident visa applicants are approved and it is important to obtain legal counsel to determine what factors may be raised to increase the chances of returning to the United States. 

9. Legalization or Registry

During President Biden’s first month in office, he expressed his intention to address the issue of unauthorized immigrants and he shall propose a pathway to citizenship. More than 11.5 million unauthorized immigrants are still awaiting for legalization. And because of lack of bi-partisan majority in U.S. Congress who will support this bill, no legislation has been passed yet. 

Will there be a legalization? Hopes for the passage are dwindling away..until, a proposal for a modification of registry date is seen to have offered a ray of hope. If the registry date is modified (through legislation) from 1972 to 2012, at least 6.8 million undocumented may be eligible to apply for green cards. Registry allows certain non-citizens who are long term residents of the United States, but who are either undocumented or present in the country under some sort of temporary immigration status to register as lawful permanent residents. 

10. DACA

About 28,000 Filipino DREAMERS may be eligible for an initial application for Deferred Action on Childhood Arrivals (DACA) according to the data gathered by the  Migration Policy Institute. But on October 5, 2022  the 5th Circuit Court of Appeals ruled that the DACA program was unlawful and sent the case back to the lower court to consider the Biden’s administration’s new DACA regulations On October 14, Judge Hanen partially blocked the DACA regulation from going into effect.

While DACA initiative has provided deportation protections and work authorizations to over 800,000 of people who arrived in the United states as children, this temporary solution has been hanging in the balance and faces multiple legal challenges with administrative attempts to end the program. DREAMERS were brought by their parents at a very young age and did not make the decision to come and live in the United States. They grew up and identify themselves as Americans. Giving them a path to citizenship is long overdue. Thus, this 2023,  it is more urgent for Congress  to pass a permanent solution to protect and defend our DREAMERS.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)