Author: tancincowp

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YOU’RE INVITED: Immigrants: At the Crossroads (December 9, 2017)

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You are invited to learn about your health care rights and how potential changes in immigration laws may impact you and your family.

Immigrants At the Crossroads

Join the Filipino Mental Health Initiative, St. Andrew Social Justice Ministry, and experts in immigration and health care rights to learn more about local resources available to you and your family. Atty Lou Tancinco of Tancinco Law Offices is among the guest speakers.

Forum topics:
• What health care rights do you have regardless of immigration status?
• What types of public benefits (i.e., Medi-Cal, Cal Fresh, SSI) are considered public charge?
• How social benefits impact your personal assets (Medi-Cal Estate Recovery).
• Potential changes in the laws related to family sponsored immigration and employment-based immigration.

Presentation by Atty Lourdes Tancinco:

Event Details:
Saturday, December 9, 2017
1:30 – 4 p.m.

Venue:
St. Andrew Catholic Church Hall
1571 Southgate Ave.
Daly City, CA 94015

Register by December 5
http://tinyurl.com/yba3r5no

Tagalog interpreters provided. Interpreter services in other languages available with 3 days notice.

Questions or interpretation requests, contact: fmhismc@gmail.com

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Updates

FAQ: Filipino World War II Veterans Parole Policy (FWVP)

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FREQUENTLY ASKED QUESTIONS
Filipino World War II Veterans Parole Policy (FWVP)
Prepared by: Atty. Lourdes Santos Tancinco
Updated: November 2017

1. What is the Filipino World War II Veterans Parole (FWVP) program?
The Filipino World War II Veterans Parole (FWVP)is a program announced for implementation by the U.S. Citizenship and Immigration Services (USCIS) on May 9, 2016 that will allow certain beneficiaries of approved family based immigrant visa petitions an opportunity to request a discretionary grant of parole on a case by case basis so that they may come to the United States as they wait for their immigrant visa numbers to become available. As of March 2017, USCIS received 361 FWVP applications, 276 still pending, 33 denied and approved only 52 applications.

2. What is the meaning of ‘parole’?
Parole is a discretionary measure that will allow an individual to enter the United States; it is not a visa neither is it considered an admission.

3. What is the purpose of the FWVP or the veterans parole?
To enable the son or daughter of the veteran to come to the United States and take care of the elderly veteran. While on parole, he or she can stay in the United States until the priority date of the petition becomes current.

4. Who can apply for the veterans’ parole?
Applicants may be the U.S. citizen veterans or surviving spouses on behalf of their sons and daughters and their derivatives who are beneficiaries of approved I-130 Petition for Relative filed by the Filipino veteran or spouse. Once the parole is approved, the applicant son or daughter will be interviewed by USCIS at the U.S. Embassy for consideration (grant or denial) of the parole.

5. Who are the veterans referred to in this policy?
These are the Filipino World War II veterans who have proven their status as such when they naturalized to become U.S. citizens under the IMMACT90. They must have filed I-130 petitions for their children under any of the family preference categories.

6. What type of cases are covered by this FWVP?

Those with approved petitions filed by Filipino veteran, still alive residing in the United States
Those with approved petitions filed by Filipino veterans, deceased, but resided in the United States at the time of death
Those with approved petitions filed by the widows of Filipino veterans, still alive residing in the United States
Those with approved petitions filed by the widow of Filipino veterans, now deceased but was in the United States at the time of death
Those with approved petitions filed by Filipino veterans or widows, and both the veteran and widow are now deceased. An additional requirement of a “visa reinstatement” based on humanitarian concern is required in this case.

7. Who are the beneficiaries of the veterans’ parole policy?
Sons and daughters of Filipino World War II veterans and their derivative spouses and sons and daughters who are below 21 years old. This means that parole policy does not only extend to the children of the veterans but also to their grandchildren.

8. What type of petition must have been previously filed to qualify for the veteran’s parole?
There must be an approved I-130 (Petition for Immediate Relative) filed by the veteran or the veteran’s widow and which petition must be approved before the request for parole. The approved petition must have a priority date that is not yet current.

9. What is required of the derivative spouses and their children?
Other than proving that there was a prior I-130 petition that was approved, there must be proof that there is was an existing relationship before May 9, 2016, i.e. must be married and child must be born before May 9 to qualify.

10. How can the veterans or widow prove military service during World War II?
They must have been previously recognized by the U.S. Department of the Defense and based on the IMMACT90 as amended in 1998.

11. If the name of the veteran is not on the list of the National Personnel Record Center at St. Louis Missouri, can secondary evidence be submitted?
USCIS will consider other proof of military record if after responding to the RFE the applicant submits secondary proof according to the IMMACT90.

12. May the stepchildren of veterans or the children of the widows of the veterans prior to or after the marriage to the veteran qualify for the parole?
Yes, only if it meets the definition of a stepchild under immigration law. This means that the son or daughter of the widow who is not fathered by the veteran may qualify if the marriage of the veteran and the widow occurred when the stepchild was below 18 years old.

13. When can the veterans, widows apply for parole on behalf of their children?

USCIS started accepting FWVP applications on June 8, 2016. USCIS currently still accepts FWVP until further notice.

14. Will sons and daughters presently in the United States in unlawful status apply for parole?
USCIS clearly stated that the parole program applies to those who are outside the United States.. However, certain relatives in the United States may be able to benefit from the FWVP Program. If USCIS conditionally approves the application for a parole document, the beneficiary will need to leave the United States and appear abroad at a USCIS office or U.S. embassy or consulate to be interviewed. The 3-10 year bar will apply depending on how long the family members have been in unlawful status in the United States.

Sons and daughter of Filipino veterans present in the United States must explore other legal options outside of the parole program. Those whose parents passed away may want to consider humanitarian reinstatement.

15. When can the self-petitioner, whose veteran parent and mother are now both deceased, apply?

The self petitioner may apply after the I-130 is reinstated by the USCIS.

16. How does one apply to the FWVP Program ?

To apply, petitioners must submit:

• A parole application (Form I-131, Application for Travel Document) along with the required fee (or fee waiver request) for each relative to be considered for parole; and

• At least one Form I-134, Affidavit of Support, for each relative to be considered for parole.

NOTE: Petitioners must submit parole applications for all eligible relatives associated with the same underlying Form I-130 at the same time. This means petitioners will need to file any applications for derivative beneficiaries at the same time as the application for the principal beneficiary. If a petitioner does not apply for the principal beneficiary, USCIS will not consider the associated derivative beneficiaries under the FWVP Program.

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Updates

Significance of the Filipino Veterans’ Congressional Gold Medal of Honor

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After more than seven decades, the Filipino soldiers who fought alongside the Americans during World War II were formally recognized on October 25, 2017 at a ceremony held at the U.S. Capitol. A collective Congressional Gold Medal of Honor was presented by U.S. legislators and leaders to Filipino World War II veterans and their next of kin. Considering their advanced age, very few of the Filipino veterans are around to receive the presentation. Instead, approximately 600 veterans’ families, supporters and advocates arrived and witnessed the ceremony presenting the Congressional Gold Medal of Honor.

The “Filipino Veterans of World War II Congressional Gold Medal Act of 2015” (H.R.2737/S.B.1555) was passed into law after staunch veterans leaders push for the veterans recognition. Led by Ret.Maj. Gen. Antonio “ Tony” Taguba, the Filipino Veterans Recognition and Education Project (FilVetRep) a non profit organization, successfully advocated for the passage of a bill that will award a Congressional Gold Medal to the Filipino Veterans of World War II, in recognition of their dedicated service during World War II. Maj. Gen. Taguba established the FilVetRep with grassroots organization nationwide to raise awareness of the contributions and sacrifices of our Filipino World War II Veterans.

The bill was initially introduced in both chambers of the U.S. Congress on June 11, 2015 where the lead sponsors were Representative Tulsi Gubbard and Senator Mazie Hirono both from the State of Hawaii. The Senate Bill 1555 was first approved on July 13, 2016 and the House bill was approved on November 30, 2016, by voice vote of majority of the members of the House of Representatives. With the approval of both houses, the bill was signed into law by former President Obama on December 14, 2016.

Several U.S. legislators honored and thanked the veterans during the ceremony. Speaker Paul Ryan opened the ceremony by expressing his gratitude to the Filipino World War II veterans recognizing their bravery and that these Filipinos veterans risk their lives under the U.S. flag during the war.

Long time veterans advocate and Immigration lawyer Lourdes S. Tancinco was present during the ceremony and said that the Congressional Gold Medal is symbolic of their sacrifices and a honor to all Filipino veterans, “to receive the highest award granted to civilians by the U.S. Congress is a long deserved tribute for all their sacrifices during the war and the national appreciation bestowed to them is a commendation of the highest level specially after what they have gone through historically.”

U.S. Senate Majority Leader Mitch McConnell gave a passionate speech and said that the Congressional Gold Medal is a powerful symbol of the nation’s gratitude of the valor of the Filipino veterans. “With the gold medal we present today, we are paying tribute to a selfless sacrifice. We are remembering the indomitable spirit of the Pacific people”.

One hundred year old veteran Celestino Almeda acknowledged receipt of the gold medal on behalf of all Filipino veterans. The bipartisan legislators and the few veterans seated in the audience (with more than 500 families and advocates) rose to their feet and applauded Almeda as he mentioned his age and alluded to the veterans’ continued ‘presence.’ He chanted General Douglas MacArthur’s famous quote, “Old soldiers never die, they just fade away!”

(Atty. Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, an immigration law firm based in San Francisco CA. She may be reached through her website tancinco.weareph.com/old, law@tancinco.com or www.facedbook.com/tancincolaw.

For more information on the Congressional Gold Medal please visit www.filvetrep.org, www.vetsequitycenter.org or email Luisa Antonio at luisa.antonio@vetsequitycenter.org)

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Updates

What Visitors Visa holders and other NonImmigrants should know about misrepresentation and the new “90 DAY” rule

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On September 16, 2017, the U.S. Department of State released a Cable amending the rules on the application of the presumption of “misrepresentation” for visa holders who are changing or adjusting status in the United States. It covers all other activities inconsistent with the purpose of the visa issued to the non-citizen. With this rule, most likely to be affected among others are those who are present on visitors visa in the United States and are planning to file for their adjustment of status based on marriage to a U.S. citizen or any other approved petition.

Sarah applied for a visitors visa at the U.S. Embassy in Manila. Her mother, who is a U.S. citizen, suffered a stroke and is in a very serious condition. When she appeared for her interview, she was asked about the purpose of her visit. Sarah said that she wants to visit her mother who got sick. She showed her strong ties to the Philippines and convinced the consular officer of her good faith intention to visit an ailing parent. She was issued the visitors visa and entered the United States after a few days from issuance.

During her visit to the United States, Sarah took care of her mother until she recovered. After less than one month of stay, Sarah was re-introduced to her former high school classmate Mark who was a U.S. citizen. Both fell in love again and hastily married. After 2 months, Sarah filed for her adjustment of status to that of an immigrant. Under the new rules of the DOS, will Sarah be granted an adjustment of status?

30/60 Day Rule Changed to 90 Days Rule

The former 30/60 day rule is used by the consular officers and adjudication officers of the USCIS in determining whether a ground of inadmissibility known as “misrepresentation” exists in applicants for visas. Under the law, a person who misrepresented himself/herself before an immigration or consular officer is inadmissible and may be denied a future visa.

The old law looks into activities of the visa applicant that occurred within 30-60 days of presence in the United States. These includes engaging in unauthorized employment or marrying a US citizen and taking up residence in the United States after marriage. Under the prior rule, if the status violation or conduct occurred more than 30 days but less than 60 days after entry, no presumption of misrepresentation would apply unless the facts gave rise to a “reasonable belief” that the individual misrepresented his or her intent, he or she would be provided the opportunity to present evidence to the contrary.

The new 90 Days rule changed the period of time for applying the presumption of misrepresentation. It replaced the 30/60 day rule with a 90 Days Rule which provides that a nonimmigrant who violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry in the United States by: 1) engaging in unauthorized employment; 2) enrolling in a course of unauthorized academic study; 3)marrying a U.S. citizen or a lawful permanent resident and taking up residence in the United States while in a nonimmigrant visa classification that prohibits immigrant intent or 4) undertaking any other activity for which a change of status or adjustment of status would be required prior to obtaining such change or adjustment, may be presumed to have made a material misrepresentation.

Misrepresentation as a ground for inadmissibility is a serious matter. It will be a basis to deny future applications for visas, change or adjustment of status. More importantly it also will be a ground to refuse one’s entry in the United States on an expedited removal more commonly called “airport to airport”. It is best for those who plan to engage in activities that are not consistent with their visas to seek professional legal counsel before acting on their plans. Those who are passionately engaged to marry must be cautious of this new rule before executing their grand plan to marry and adjust status.

(Atty. Lourdes Santos Tancinco, Esq. is the immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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YOU’RE INVITED: Bayani 2.0 Speakers Forum: Discussion on DACA

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Atty. Lou Tancinco will be the featured speaker in this forum organized by the Philippine Consulate General. The forum is tomorrow, Friday, 15 September 2017, at 3:00 p.m. at the Philippine Folklife Museum, 447 Sutter Street, 5th Floor, San Francisco.

Bayani 2.0 Speakers Forum: Discussion on DACA

In aid of our kababayans, please help in disseminating information that DACA and EAD (Employment Authorization Document) permits that will be expiring in March 2018 needs to be renewed by 05 October 2017.

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Updates

What DACA Recipients Should Know Now And The Rights They Have

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On September 5, 2017, the current Trump administration rescinded the program created in 2012 by former President Obama. According to the Migration Policy Institute, there are 22,000 young Filipino unauthorized children who are eligible for DACA but only 27 percent, or nearly 6,000, applied for it with the U.S. Citizenship and Immigration Services.

Not too many Filipinos filed for DACA compared with other minority immigrant population due to several factors, including fear of deportation and hesitation to submit critical information to the U.S. Department of Homeland Security. Most also are apprehensive about possible repercussions on their undocumented parents.

The term “deferred action” in immigration law context refers to the discretionary act, through the recommendation of the Department of Homeland Security, not to prosecute or deport a noncitizen. It is an administrative choice to give some cases lower priority and is not an entitlement. So if deferred action no longer exists for the DACA recipients, they will lose their protection from removal/deportation.

The way DACA was rescinded came with three fundamental elements: first, there is a 6-month period before actual termination to allow certain DACA recipients to renew the their employment authorization for another 2 years or until 2019; secondly, the renewal period is only one month, with October 5, 2017 as the deadline to file for DACA renewal; lastly, although DACA recipients are low in priority for deportation it is not a guarantee that they will not be put in removal proceedings.

For these reasons, the following tips are for all DACA recipients:

5 Things to Know About DACA Now

1. If You Do Not Have DACA or a DACA Application Pending.

DACA program has been terminated beginning September 5, 2017 and new applications are no longer being accepted by USCIS.

2. If You Have DACA That Expires on or Before March 5, 2018.

If you have DACA and a work permit that expires on or before March 5, 2018, you can apply for a 2-year renewal, but your application must be received on or before October 5, 2017.

3. If You Have DACA That Expires After March 5, 2018.

There is only a 6-month window provided from September 5, 2017 to March 5, 2018. If your DACA and work permit expire after March 5, 2018, you are no longer eligible for an extension. This means that your DACA, work authorization, and protection from deportation will expire on the date shown on your DACA approval notice and work permit.

4. If You Have a DACA Application Pending.

Before the announcement on September 5, 2017, there are certain DACA applications that were filed for extensions. If you have a DACA application that was received at USCIS on or before September 5, 2017, your application will continue to be processed.

5. If You Have DACA and a Valid Advance Parole Travel Document.

Although there are advance paroles that are still valid for travel, given the recent rescission, DACA recipients should desist from traveling unless it is for urgent reason. The Customs and Border Protection (CBP) agents may still refuse entry to you at their discretion.

xxx

5 Tips on What Not To Do

1.Do not lose hope.

While you are not American at birth, you are very much an American in heart and mind by assimilation. You have a lot to give to this country, so hang in there as compassionate members of your community support and work hard to advocate for your protection before the U.S Congress.

2. Do not get yourself in trouble with the law.

Remember, do not commit any unlawful act that will give ICE the opportunity to use it against you. Stay out of trouble, as you always do.

3. Do not give up on other options.

Explore other legal options that may be applicable to you. Who knows, there might be an available family or employment petition that you may be eligible for. Talk to a professional legal counsel.

4. Do not be too trusting.

Do not divulge personal information about your DACA case to people you don’t know.

Talk only to people you trust. Since you are vulnerable at this point, there may be people who are tempted to take advantage of you. Be careful on who you trust.

5. Do not give up your rights.

Understand your rights, and know how to assert them when ICE comes knocking at your door. Even if you are without legal authorization, you still have rights under the law.

xxx

5 Tips In Case of ICE Arrest

DACA applications submitted to U.S. Department of Homeland Security contain personal information that may be used against the applicants if this information is submitted to ICE for enforcement. Although, the Trump administration stated that DACA recipients are low in priority for enforcement, an understanding of one’s rights during an encounter with an ICE agent is important. The following are tips about the of DACA recipients and how they can protect themselves.

1. Right to Privacy: Do Not Open Your Doors

ICE cannot enter your home without a warrant signed by a judge. Ask the ICE agent to slide the signed warrant under the door. Without a properly signed warrant, you should not allow them inside your home.

2. Right to Remain Silent

Tell the ICE agent that you are exercising this right: “I am exercising my fifth amendment right and choose to remain silent until I speak to my attorney.”

3. Right to Counsel

Do not sign any document without first speaking to an attorney.

4. Right to Contact Your Consulate

While DACA recipients have no contact with their homeland, consulates of countries of their birth, like Philippine Consulates, may be able provide assistance in limited ways.

5. Right to a Hearing

In case ICE apprehends and detains you, you have a due process right to a hearing and you should not to be immediately returned to your country of birth. Call your legal counsel.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She is the principal at the Tancinco Law Offices and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

*This article originally appeared in Positively Filipino Magazine. 

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Updates

End of DACA puts at risk up to 6,000 young Filipino recipients

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There are approximately 22,000 young Filipino immigrants who are eligible to apply for benefits under the Deferred Action for Childhood Arrivals. Only 27 percent of those eligible applied, or approximately 6,000. The rest of these young Filipino immigrants continue to wait for permanent solution to their status. With the announcement that President Donald Trump is ending the DACA program will those who took advantage of the DACA program be arrested and eventually be deported?

Unfortunately, those who are just in the process of filing their DACA applications for the first time, will no longer be able to do so. This will affect those who just became eligible to apply for DACA and those who took time or postponed the filing of their DACA applications despite the fact that they were eligible. After September 5, 2017, USCIS will no longer accept new DACA applications.

Future of DACA recipients

There is a short window afforded to existing DACA recipients to renew their expiring DACA employment authorization documents (EAD) if these EADs are expiring between September 5, 2017 and March 5, 2018. The request for renewal and application for employment authorization document must be received by U.S. Citizenship and Immigration Services no later than October 5, 2017. This is an important deadline because USCIS will reject all requests to renew ACA and associated applications for EADs filed after October 5, 2017.

Once the application for renewal is adjudicated, USCIS is expected to renew it for another two year period or until 2019. Unfortunately, for those whose DACA benefits are expiring after March 5, 2018, once their employment authorization document expires, USCIS will no longer be able to accept and adjudicate their applications for renewal. This means that beginning March 6, 2018, there will be DACA recipients who will be deprived of their protected status and will be reverted to their unlawful status.

Will DACA recipients be deported?

It was clearly mentioned during the announcement by Attorney General Jeff Sessions that the DACA recipients are not considered priority for enforcement. While this may sound favorable, there is no guarantee that ICE will not issue Notices to Appear for removal hearings. The USCIS confirmed that it will not share information obtained through DACA applications with the ICE agents. However, it is important to note that unless ICE is requesting that information based on certain factors like national security, public safety and fraud, the information may still be shared for enforcement. It will still be best for this DACA recipients to be vigilant about their situation and to be familiar with their rights especially their rights to a hearing and their right to counsel.

Congressional action

Terminating the DACA program within 6 months will afford the U.S. Congress time to enact a law benefitting the DACA recipients. At present there are two bills pending, the Dream Act (S.1615) before the Senate and the American Hope Act (H.R.3591) before the House of Representatives.

If these bills are passed into law, it will provide permanent solutions to protect DACA recipients and give them a pathway to lawful status. These young immigrants will have to take steps to ensure that they are safe from removal.

We also encourage compassionate members of our community, who believe that DACA recipients deserve a chance to build their lives in the country they call home, to work together towards the passage of the Dream Act by contacting their representatives in Congress.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

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Global Pinoy

Trump’s bid to restrict legal immigration will harm Filipino families

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There are almost 400,000 family petitions already filed by Filipino immigrants waiting for visa availability. These immigrants and their families play by the rules and are patiently waiting for their priority date to become current. With the proposed changes approved by President Donald Trump to eliminate these visa petitions, many will lose out on their opportunity to be with their families in the United States. While there is a grandfather provision that will create exceptions; this will not be enough as it will only cover a limited number of petitions.

If passed into law, the Reforming American Immigration for a Strong Economy (RAISE) Act introduced by Senators Tom Cotton (R-Arizona) and David Perdue (R-Georgia) and endorsed by President Trump will substitute the current immigration policy based on family unity into a rigid merit-based system.

Proposed changes
The current immigration system is broken and outdated. Family immigration petitions for adult children and siblings take decades before visas become available. There are also increasing backlogs in employment petitions.

In response to the call for comprehensive immigration reform, Republican Senators Cotton and Perdue came up with a proposed legislation that does not resolve any of the outdated immigration provisions of the law; instead it worsens the current state of family-based immigration.

The RAISE Act proposes to cut immigration by at least half from current levels. It eliminates family-based immigration preference categories by restricting ability of U.S. citizens and permanent residents to petition for family members. Only spouses and minor children can be petitioned. Parents, siblings and adult children will be eliminated as beneficiaries of petitions.

Trump’s reason for supporting the RAISE Act was to demonstrate “compassion for struggling American families” who deserve “an immigration system that puts their needs first and puts America first.” This rationale is based on the premise, rightly or wrongly, that immigrants take jobs away from Americans.

Immigrants continue to build strong communities that foster business development or local businesses. In Silicon Valley, many innovators of big businesses were started by immigrants who came to the country through family-based immigration.

There is also a study published by the Immigration Policy Center showing that family-based immigrants contribute to the well-being of the current and future labor force. The value of extended families in US households, with members who take care of grandchildren or seniors needing care, is overlooked as adults work or are engaged in their businesses outside their homes. Filipino immigrant households find it common to have their lolos (grandfathers) or lolas (grandmothers) around to help take care of their children or do household chores. It is the family unit that inspires every worker or businessman to strive towards success and leads them to positively contribute to the growth of the US economy.

To deny the ability of a US citizen to petition for a parent is a direct attack on a right of a US citizen. Besides, if the goal is to attract the best and highly skilled workers, who would want to immigrate to a nation that does not welcome their family?

The RAISE Act was just introduced, and the debate on its merits just started. We still have time to send out the right messages to our legislators and emphasize the value of family. The merit-based system and the family-based petition system can go hand-in-hand as they can surely complement each other so long as the number of visa allocations are not reduced.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808.)

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Global Pinoy

Immigration: Entrepreneur parole program at risk of being axed

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The U.S. Department of Homeland Security released its official rule on July 11, 2017 seeking to delay the implementation of the International Entrepreneur Rule or the entrepreneur’s parole program. With the publication of this rule, the effective date of implementation is moved from July 17, 2017 to March 14, 2018.

Entrepreneur Parole Program

At the beginning of this year, the DHS published the International Entrepreneur Final Rule (aka the entrepreneur parole program) with an effectivity date of July 17, 2017. Many startup companies have been looking forward to the implementation of this program as it will attract talented foreign entrepreneurs who are well positioned to advance U.S. businesses.

Most of those who stand to benefit from this program are foreign entrepreneurs who can prove that their knowledge, skills or experience would substantially assist a U.S. entity in conducting and growing its business in the United States.

Parole Authority

The current immigration law allows the DHS to exercise its parole authority under section 212(d)(5) of the Immigration and Nationality Act if the presence of the paroled non-U.S. citizen would provide a significant public benefit to the United States.

Under the entrepreneur parole program, eligible applicants may be granted a stay of up to 30 months, with the possibility to extend it for a period of up to 30 additional months. Those targeted to receive parole are entrepreneurs who shall work with the start up businesses.

Delaying Its Implementation

The rule that was just recently released reveals that the DHS decided to delay the effective date of the entrepreneur parole program to further consider it in light of the Executive Order on Border Security and Immigration Enforcement Improvements (EO13767).

Under this executive order, the DHS Secretary is mandated to take appropriate action to ensure that the parole authority is exercised on a case-to-case basis in accordance with the plain language of the law and that it so demonstrates urgent humanitarian reasons or significant public benefit. It is in this light that the DHS delayed its implementation in order to re-examine the program based on EO 13767.

The rule on entrepreneurs parole program was first published on August 31, 2016 by the DHS and the final rule was published on January 17, 2017. The policy was not finalized without considering comments from the public about the benefit it will bring if implemented.

Approximately 3,000 entrepreneurs were expected to apply for this program. Most of those who are planning to apply are in the tech industry as well as those who are planning to develop new business ventures that will spur economic growth and job creation.

It is sad that the present administration’s perspective is just the opposite. While other nations are inviting foreign entrepreneurs, the United States will be turning them away by delaying implementation of the program (and possibly terminating it altogether).

Many billion-dollar startup companies including Google, Uber and SpaceX were founded by immigrant entrepreneurs. They now hire thousands of U.S. citizens. Obviously, strengthening startup companies, job creation and innovation are a significant public benefit and this entrepreneur parole program should not have been stalled.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)