Author: tancincowp

Categories
Updates

Original DACA Program Reinstated By USCIS

Share this:

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.

Categories
Updates

When Unused Visa Expires Before Travelling to the United States

Share this:

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.

Categories
Updates

Breaking: Former Filipino Citizens May Now Travel to the Philippines Beginning December 7, 2020

Share this:

On November 26, 2020, the Philippine Inter Agency Task Force (IATF) approved Resolution 85 granting former Filipino citizens the ability to travel to the Philippines beginning December 7, 2020.

The recent IATF resolution is a positive development to Balikbayans or former Filipino citizens including Naturalized U.S. Citizens who have not applied for Dual Citizenship or do not have Philippine passports. A significant number of former Filipino citizens had been subject to travel restrictions in prior resolutions wherein former Filipino citizens were not allowed to enter the Philippines without a Filipino visa or becoming dual citizens. With IATF Resolution 85, the following may now be allowed entry privileges to the Philippines:

  • Filipino citizen’s foreign spouses and children, regardless of age, who are traveling with them;
  • Former Filipino citizens, including their spouses and children, regardless of age, who are traveling with them.

The entry of the above individuals will be subject to the following conditions:

  • They are allowed visa-free entry under Executive Order No. 408, s. 1960;
  • With pre-booked quarantine facility
  • With pre-booked COVID-19 testing at a laboratory operating at the airport; and
  • Subject to the maximum capacity of inbound passengers at the port and date of entry.

In addition to the above conditions, it must be noted that the non-Filipino spouses and children must be traveling with the Filipino citizen or former Filipino citizens to be able to enter the Philippines. Not included in the resolution are non-Filipino parents, grandparents, grandchildren, common law spouses and other relatives of Filipino citizens or former Filipino citizens. This is without prejudice to Philippine Immigration laws or the exercise of prerogative by the Commissioner of Immigration who may grant waivers or recall of exclusions.

The guidelines to implement this resolution are not yet released as of this writing. Both the Bureau of Immigration and the Department of Tourism shall issue the necessary guidelines in accordance with the above resolution.

(Atty. Lourdes S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law Offices and may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

New Citizenship Civic Test Released by USCIS to Take Effect on December 1, 2020

Share this:

The U.S. Citizenship and Immigration Services (USCIS) announced its plan to implement a new revised version of the naturalization civics test.

A civic test is administered to naturalization applicants and it is one of the statutory requirements for naturalizing. Applicants who apply for naturalization on or after December 1, 2020 will take the new revised test. On the other hand, those who filed their naturalization applications before December 1, 2020 will be taking the current version of the test.

The revised test covers a variety of topics on U.S. history and civics that provides the applicant an opportunity to learn about the United States. It includes more questions than the current version of the test.

To pass the civic test, the applicant must answer 12 out of 20 questions. USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of six questions correctly in order to pass.

The revised test items and study guides can be found on the Citizenship Resource Center on the USCIS website.

Categories
Updates

The “ON & OFF” Implementation of the Public Charge Rule

Share this:

For the last nine (9) months beginning on February 24, 2020, the implementation of the new public charge rules has been halted at least two times on July 29, 2020 and November 2, 2020.

As of this writing, the public charge rules are in effect and are implemented by the U.S. Citizenship and Immigration Services for all immigrant visa applicants and certain non-immigrant visas.

Applicants for immigrant visas have been confused by press releases on whether public charge rule applies and if they have to submit the Form I-944 in their applications for adjustment of status.

Below is a summary of the result of litigation and court rulings on the issue of public charge. The annotation ON and OFF are written to indicate whether the public charge rule was in effect. (ON means that they are implemented and OFF means the rules are suspended)

The United States and the rest of the world are still facing the challenges of a global pandemic. The harsh public charge rules have discouraged several immigrants from applying for public benefits that could prevent them from contracting or treating those who are already afflicted with COVID-19. With the coming new administration, it is our hope that these new public charge rules be suspended for the greater good of the community and in the interest of promoting public health.

Categories
Updates

New Citizenship Civic Test Released by USCIS to Take Effect on December 1, 2020

Share this:

The U.S. Citizenship and Immigration Services (USCIS) announced its plan to implement a new revised version of the naturalization civics test.

A civic test is administered to naturalization applicants and it is one of the statutory requirements for naturalizing. Applicants who apply for naturalization on or after December 1, 2020 will take the new revised test. On the other hand, those who filed their naturalization applications before December 1, 2020 will be taking the current version of the test.

The revised test covers a variety of topics on U.S. history and civics that provides the applicant an opportunity to learn about the United States. It includes more questions than the current version of the test.

To pass the civic test, the applicant must answer 12 out of 20 questions. USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of six questions correctly in order to pass.

The revised test items and study guides can be found on the Citizenship Resource Center on the USCIS website.

Categories
Updates

President-Elect Biden’s Incoming Administration and What It Means to Filipino Immigrants

Share this:

One of the main campaign platforms of President-Elect Joe Biden is to reform the immigration law and make it fair and humane to all immigrants. He said that he will restore the progress that Trump has cruelly undone and will take it further.

Foremost on his list is to reinstate Deferred Action on Childhood Arrival (DACA) or protections for Dreamers – the young immigrants who were brought to the United States when they were young and who have fallen out of status without their fault. In 2012, President Obama issued an Executive Order creating the DACA, giving certain eligible Dreamers protection from deportation and allowing them to receive employment authorization documents.

In 2017 Trump rescinded the DACA program. The U.S.Supreme Court ruled in June 2020 that Trump’s termination of DACA is unlawful. Instead of following the Supreme Court order, USCIS still does not accept initial applications of DACA. President-Elect Biden will now change this and restore DACA fully so that young immigrants will once again have the protection against removal or deportation and be able to work legally.

Aside from DACA, there are other immigration policies that will affect immigrants including the Filipinos in the United States.

First, I can foresee the revival of the exercise of discretion when applying the law, that more human and compassionate approach will be taken. Priorities for enforcement will be modified where family unity and NOT family separation will be the center factor for enforcement policies.

Second, I foresee a more efficient operation of the immigration agencies, hoping to see less unnecessary delays in the adjudication of visa petitions and applications.

Third, a Biden administration supports a comprehensive immigration act giving a pathway to legalize all 11 million undocumented, a population who had fallen through the cracks because of broken immigration law. But comprehensive immigration requires bi-partisan support. As of now there are still contested seats at the Senate which will determine whether Republicans or Democrats will have full control of Congress.

Nonetheless, it is victory for most of us immigrants to have a President who believes in us immigrants, a President who will uphold values of family unity, restoring the dignity of each and every one of us immigrants. For after all, the United States is a nation of immigrants.

Categories
Featured Updates

November 2020 Visa Bulletin Still Favorable to Filipino nationals with Approved Workers Petition

Share this:

The November 2020 visa bulletin that was released late in October 2020 indicates that the priority dates for employment-based petitions are still current for Philippine nationals. Last month, was the first in many years that the employment-based petitions priority dates become current. For this month of November, those with approved workers petitions filed by their U.S. employers may apply for adjustment of status if eligible or may begin consular processing subject to the visa suspensions imposed by the Trump proclamation.

Among the workers that will benefit are the healthcare workers like the registered nurses and physical therapists. These are Schedule A occupations and their visas are immediately available.

Caregivers or home health aides may also take advantage of this new development if they have already approved petitions or U.S. employers. Those who want to be petitioned by U.S. employers may begin the process of filing by (1) looking for a U.S. employer to petition them and (2) then, their U.S. employer/petitioner will apply for labor certification and petition on behalf of the employee.

For more information on the process, please contact Tancinco Law at 1 888-930 0808 or you may schedule an appointment at tancinco.weareph.com/old.

Categories
Updates

Filipino Students Among Nationals with More Than 10% Overstay Rate: DHS Propose Rule to Limit Validity of F, J AND I visas to 2 Years

Share this:

On September 25, 2020, the Department of Homeland Security (DHS) published a proposed regulation that would establish fixed end dates on students, exchange visitor visas and foreign media representatives.

 Under the proposal, individuals applying to either F or J status would be eligible to stay in the United States for the length of time indicated by the program end date noted in their Form I–20 or DS–2019, not to exceed 4 years. In some cases, international students and scholars would be limited to 2 years. Filipino students are included in the category of those with 2 years validity. 

Why are Filipino students being singled out for 2 years validity instead of 4 years?

The 2 years visa is proposed for Individuals who were born in or are citizens of countries designated as state sponsor of terrorism– Iran, North Korea, Sudan, and Syria. They also limited the validity period to 2 year of students who are citizens of countries with overstay rates exceeding 10 percent.  

According to the USCIS data, the Philippines has an overstay rate of 13.28% or a total of 1,452 students and exchange students who did not leave the country at the expiration of their visas.

The 2 year visa is subject to renewal by filing an application for extension on Form I-539. The extension could be approved by the USCIS if the program length goes beyond the minimum initially granted, additional time needed is due to a compelling academic reason, a documented medical illness or medical condition, or circumstances beyond the student’s control. USCIS considers failing classes as within the control of the student, so that academic challenges would no longer generally be a basis for extension.  

F and J nonimmigrants who are properly maintaining their status would be authorized to remain in the United States in F and J status until the end date on their Form I-20 or DS-2019, not to exceed a period of 4 years from the final rule’s effective date, plus a grace period of 60 days for F nonimmigrants and 30 days for J nonimmigrants. If they need additional time to complete their current course of study or exchange visitor program, including requests for post completion optional practical training (OPT) or STEM OPT, or would like to start a new course of study, they would have to apply for an extension of stay.

The proposed rule may not be finalized soon as it is still open for comments until October 26, 2020. It could probably be withdrawn if there is a change in presidential administration.