Author: tancincowp

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Will an undocumented person be ‘hassled’ on exit if he wants to leave US?

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There is never a day, since post-election 2016, that “immigration” is not mentioned in the daily news. Whether fear is created by uncertainty in the upcoming Trump administration or outright desperation resulting from the absence of an immigration reform law, a significant number whose status had expired have voluntarily departed for their homelands.

An immigrant from the San Francisco Bay Area sent me a letter regarding his friend who has been undocumented and who wants to leave the US:

Dear Atty. Lou:

A person was unfortunate in failing to obtain legal status through an employment petition is now tired of his staying here in the U.S. as an undocumented alien; so he has strongly decided to go home for good. He entered the U.S. as a visitor sometime in year 2000 and is now holding a valid passport in his name.

My questions are:
(1) What are the things he needs to do before or during his exit?
(2) Aside from his valid/unexpired Philippine passport in his name and a one-way plane ticket, are there any other documents he needs to prepare and have at hand to avoid hassle upon exit?
(3) Will he encounter problems/interrogations on his exit if he uses his current valid passport with no visa page?

Those who want to travel back to the Philippines after having made a firm decision to return home after several years of fruitless waiting for an opportunity to legalize, may do so with a valid unexpired Philippine passport. In some circumstances, an undocumented person may be issued a Philippine travel document by a Philippine Consulate General’s Office nearest his place of residence. This happens in cases of emergencies or when the individual is being removed from the country by the Department of Homeland Security. If there is still time to get a Philippine passport, it will still be appropriate to request for one and use it for traveling.

Generally, there is no need to inform the U.S. Citizenship and Immigration Services about the intended trip back to the homeland. The only time the USCIS should be notified is if the individual is availing of a voluntary departure relief in immigration court and has plans of returning to the US at a future time. Otherwise, there is no need to go through USCIS. Just go straight to the airport with the passport and one-way airline ticket.

The more serious concern is whether there will be trouble that may be encountered at the airport with the federal agents. My most common response to this is that there should be no problem because USCIS wants you to leave anyway as you have been in unlawful status and the federal agents will not stop you from doing so. However, there are times that a departing individual will be stopped from traveling at the airport. This happens when the individual is the subject of a pending investigation for a probable criminal offense, is a fugitive from justice or has a validly issued warrant of arrest.

For those who decide to depart but still have future plans of one day returning to the US, it is best to explore their options and not close all the doors to their possible return. Who knows, it may be different after four years.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney and may be reached at law@tancinco.com, tancinco.weareph.com/old , facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

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DACA Dreamers win support from US solons, mayors

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SAN FRANCISCO — More than 750,000 DACA (Deferred Action for Childhood Arrivals) applicants have acquired approved employment authorization documents and are temporarily protected from removal.

But as of June 30, 2016, the U.S. Citizenship and Immigration Services reports that 7,941 approved DACA applications are from Filipino nationals who are now at risk of being deported if the Trump administration takes immediate action to revoke the DACA program.

“Jose” entered the United States when he was five years old. He does not remember the details of his family’s entry to the United States. He was not even aware that he was unlawfully in the U.S. until he applied for his driver’s license when he was 16 years old. He is now 25 years old and availed of the DACA program. When he applied for a job as a computer engineer in Silicon Valley, he was hired right away and has now been working for three years.

Realizing that President-elect Trump may take action on DACA after inauguration, he asked me about the risk of losing his employment authorization document and his state identification card. He was very emotional as he expressed his fear: “I do not want to be back to a situation where I have no legal document at all. Please tell me that they are not taking away my employment permit and IDs.”

At the present time, there is no definite response to Jose’s question. Although President-elect Trump seems to have softened his stance on young undocumented immigrants in one of his public interviews, there are no indications that he will continue the DACA program of his predecessor.

On the other hand, the DACA population’s supporters are increasing nationwide. Before the end of the Congressional sessions this month, a bipartisan bill called “Bar Removal of Immigrants who Dream and Grow the Economy” or BRIDGE Act was introduced by Senators Lindsey Graham (R-South Carolina) and Dick Durbin (D-Illinois).

This bill would allow eligible individuals the chance to apply for “provisional protected present,” which is a temporary protection from deportation similar to that provided by DACA. As part of the temporary protection, employment authorization will be issued to the applicants. The policy behind BRIDGE Act is to protect the investment that American communities have made in educating these young undocumented immigrants who were brought to the United States at a young age and who are currently eligible for Deferred Action for Childhood Arrivals (DACA).

Aside from proposed bipartisan BRIDGE Act, 14 mayors joined Chicago Mayor Rahm Emanuel last week in a letter to President-elect Trump seeking support for the DACA program. Included as signatories to the letter are mayors of cities who believe that DACA helps foster economic growth and enhances public safety and national security.

According to the Emanuel letter, “ Eighty seven percent of DACA recipients are employed with American businesses. Six percent of DACA recipients started their own businesses, higher than the American public (3.1 percent). All of these things translate into higher wages and better economic outcomes.”

Jose is one of the 87 percent of DACA recipients working for a U.S. enterprise and contributing to the US economy. Unfortunately, his fear of reverting back to his former status as an individual in unlawful presence without a valid identification is real; and, until there is certainty on the future of the DACA program, this population remains in limbo.

With a lot of support for the DACA population, the hope is that the incoming Trump administration would reconsider its anti-immigrant rhetoric during his run to the election and that the US Congress would immediately pass the BRIDGE Act.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm and may be reached at law@tancinco.com, facebook.com/tancincolaw, tancinco.weareph.com/old or 1 888 930 0808.)

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From a US general’s letter to a Congressional Gold Medal

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SAN FRANCISCO — Magdaleno Duenas was a young, energetic Filipino in his late twenties when he joined the guerilla forces in 1943. He was part of the Filipino team that helped 10 U.S. soldiers escape capture by the Japanese imperial army. Acknowledging his wartime efforts during the war, General Austin Shofner, one of the U.S. officers who successfully escaped, wrote a letter to Mr. Duenas thanking him for saving his life.

The one-page letter handwritten by Gen. Shofner himself described in detail how Mr. Duenas helped them walk through the jungles from Davao to Medina. He said that Mr. Duenas remained the most valuable man who helped them escape. “I can never repay you for all you did for me while I was in Mindanao,” Gen. Shofner wrote.

Mr. Duenas kept this one-page letter in a safe place, and he carried it with pride as proof of his service during the war. When I met him in 1993, in Richmond, California, he was one of those who had naturalized based on the Immigration Act of 1990. A consultant helped him come to the United States. Unfortunately, he was made to work menial jobs against his will until community members helped him “escape” from his deplorable condition in Richmond. The letter from Gen. Shofner went with him. To him it was his badge of honor.

In 2005, at the age of 92, Mr. Duenas passed away in San Francisco, California. He had no immediate family. He never married legally and had no descendants. With his passing, he carried with him the dignity and honor of having served the United States during World War II, proven by his possession of a letter from Gen. Shofner.

Of the 260,000 Filipinos who joined the USAFFE, 26,000 became naturalized U.S. citizens. An estimated 2,600 are still alive in the United States and their number is diminishing. Last week S. 1555, an Act to award a Congressional Gold Medal collectively to the Filipino veterans of World War II, in recognition of their dedicated wartime service, was approved by the House of the Representatives.

With both chambers passing this bill, President Barack Obama is expected to sign it into law. Once this is signed into law, a gold medal will be awarded collectively to eligible Filipino war veterans of World War II. This gold medal is the highest civilian award granted by the US Congress and a long overdue recognition of their service and sacrifice during World War II. It should have been awarded when hundreds of thousands of them were still around to receive the recognition.

If Mr. Duenas had been proud to receive a letter from Gen. Shofner recognizing his contribution during the war, he would have most probably be more pleased to receive a “gold” medal of recognition from the U.S. Congress. Unfortunately, like him thousands of his comrades are no longer present to witness the much-delayed recognition. Nonetheless, there are still surviving veterans who are looking forward to receiving their gold medals. Time is not on their side.

Hopefully, President Obama will sign S. 1555 into law, and a Congressional Gold Medal design is initiated soon so that more of our Filipino veterans will have the opportunity to see the presentation of this medal. To the many veterans who will no longer have the chance to be proud of this recognition, we as a community are forever grateful to you who sacrificed your lives for our freedom.

(Atty. Lourdes Santos Tancinco, Esq. is a veteran advocate, President of the Veterans Equity Center and an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com, or facebook.com/tancincolaw)

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Filipino WWII Veterans to Receive a Collective Congressional Gold Medal of Honor

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San Francisco CA – Veterans and their advocates nationwide and in the Philippines applaud the passage of the “Filipino Veterans of World War II Congressional Gold Medal Act of 2015” (H.R.2737/S.B.1555) before the House of Representatives on November 30, 2016.

Led by 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. Maj. Gen. Taguba established the FilVetRep with grassroots organizations 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 will now go to President Obama to sign into law.

Philippine based lawyer Lilibeth Abiog asked what in tangible terms will it mean to a Filipino veteran. Upon learning of his father’s eligibility for a medal, she expressed what most veterans feel about this recognition, “My 95-year-old father will appreciate that!”. Ms. Abiog’s father is currently living with her in the Philippines

A daughter of a Filipino veteran, Emilna Vales of Union City is excited about the passage, but is in quandary if as a daughter of a veteran she could receive a medal on behalf of his deceased father, Lucas J. Arevalo who served as a USAFFE and was a Bataan Death March survivor. “The Congressional Medal of Honor is awarded collectively to all 260,000 Filipino World War II veterans,” explained Luisa Antonio, Regional Director of FilVetRep, “the bill defines the term Filipino World War II Veterans and as long as there is proof of military service, the next of kin will be receiving a medal.”

Immigration lawyer Lourdes S. Tancinco, Board President of the Veterans Equity Center, a San Francisco based organization, 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 the national appreciation bestowed to them is a commendation of the highest level specially after what they have gone through historically.”

The signing of the bill and the formal presentation of the Congressional Gold Medal to the Filipino World War II veterans will be the next steps to look forward to. As time is no longer in their hands, Felix Junia, a Filipino veteran residing in the San Francisco emphasized the importance of having the medal ready for formal presentation, “I hope the medal will be ready soon because I am looking forward to still be around when the medal is presented.”

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Global Pinoy

Should ‘TNTs’ start planning for voluntary departure from US?

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More than 11 million unauthorized immigrants in the United States, including approximately 300,000 from the Philippines, are now in panic mode and uncertain about their future under a Trump administration. Deporting immigrants who are in unlawful status is one of Trump’s campaign promises.

The presidential election result was a bitter pill to swallow for most immigrants. Most of the Filipino American immigrants in the San Francisco Bay Area are not happy with the result of the election. Immigration attorneys have received many phone calls and emails from concerned immigrants, both legal as well as those who are undocumented, asking about the immediate threat of removal from the US come January 20, 2017.

Lawful permanent residents or those with status are seriously concerned about pending petitions for their family members. Will the petitioning process take longer with the coming Trump administration? Those who are in possession of professional working visas are worried about whether the H1B program will be eliminated. Filipino healthcare workers such as registered nurses, physical therapists and caregivers with pending immigrant petitions from US employers have no clue on whether their visas are still going to be issued if immigration policy changes.

The most vulnerable immigrants who are most likely going to be affected are the DREAMERS (children who were supposed to benefit from the Development, Relief and Education of Alien Minors or the DREAM Act) and the DACA (Deferred Action for Childhood Arrivals) recipients. These are the young immigrants who came to the United States when they were below 15 years old and who are still present in the US as young adults without legal status.

For the last eight years, President Obama has supported a DREAM Act that allows these young immigrants to have lawful status, but the bill failed to pass in Congress. Using his executive power, he released a program called the DACA where thousands of young immigrants were given temporary employment authorization cards to allow them to live without fear of deportation and enabling them to work temporarily. Thousands of young Filipinos availed of this program. Their names and information are in the current system of the Department of Homeland Security. They fear not just losing their DACA status, but also about their parents who may be subject to removal.

After listening to the interview of President-Elect Donald Trump on “60 Minutes,” it appears that he also has priorities for dealing with immigration. He explicitly mentioned the immediate deportation of three million undocumented immigrants. Also, he confirmed that border security would be tightened and then removal of undocumented with criminal records would be next. Prioritizing border security is paramount on his agenda as may be assumed from his campaign plan of building a wall in the US-Mexico border.

If Trump follows through with his public statements, those who are in unlawful presence or TNTs including the DACA recipients are not (yet) in danger of immediate deportation. While there is no immediate threat at the moment, they have to be mindful of their activities, be familiar about their rights and keep in their immediate possession whatever legal documents relating to their immigration history in this country.

Most importantly, this vulnerable population must be able to distinguish between real and fake news on immigration. At the present time, it is easy to fall victim to false information on social media because bigotry and hatred are on the rise against minorities and immigrants. Be very vigilant.

(Atty. Lourdes Santos Tancinco is a San Francisco based immigration attorney and immigrant advocate. She may be reached at law@tancinco.com, 1 888 930 0808 or visit her at facebook.com/tancincolaw or tancinco.weareph.com/old)

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Global Pinoy

What Hinders Relatives of Filipino Veterans from Filing Parole?

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In a special message during last month’s Filipino American History Month, President Obama recognized the contributions of Filipino Americans especially the Filipino soldiers who fought under the U.S. flag in World War II.

Under the Obama administration, a program called the Filipino World War II Veterans Parole Program (FWVP) was launched in June 2016. Under this program, certain family members of Filipino veterans may travel, live and work in the United States while awaiting for their immigrant visas to become available. The goal of this program is to allow loved ones to provide support and care for elderly veterans and their spouses.

There is no question that relatives of the Filipino veterans are enthusiastic to travel to the United States to be with their elderly parents.

Mr. Santos, 88 year old, has been residing in the United States since 1993 after he was naturalized as a U.S. citizen based on his being a Filipino World War II veteran. He was not able to petition his children until 1997. In the meantime, his spouse, whom he petitioned, arrived in the United States in 1998 but passed away in 2002. He had always wanted to be reunited with his children and waited for many years now for the petitions to be current for visa processing.

In the last few years, Mr. Santos has been feeling really weak and sickly. He could not travel back to the Philippines because of his medical condition. He heard about the Filipino Veterans Parole Program during the summer and applied for parole for his adult children. Last month, he got an approval of his parole applications. His children are now awaiting for an interview before the U.S. Embassy for the issuance of their parole documents. Hopefully, they can be reunited by this coming Christmas season.

Not a lot of veterans or surviving spouses are as fortunate as Mr. Santos in the application for parole for their adult children in the Philippines. There are obvious barriers that applicants should overcome in filing for parole. Among the issues that are being faced by the veterans are:

  1. inability to find sponsors for their Affidavits of Support;
  2. no streamlined process for FWVP expedite processing of I-130;
  3. inability of elderly veterans residing in the Philippines to travel back to the U.S. because of illness;
  4. complicated process of obtaining humanitarian reinstatement of revoked petitions.

The filing fee of $360 per application is too expensive for the veterans. But while these fees may be waived for the veteran or surviving spouse, not a lot of applicants are aware of the process. When the veteran has passed away, the surviving spouse must show that there is an approved petition from the veteran and that this petition must be reinstated. Obtaining approval of a request for humanitarian reinstatement is a complicated process for the surviving spouse or beneficiaries.

In addition, the lack of outreach programs regarding the FWVP and available service providers remain major challenges to the prospective beneficiaries. With an altruistic program such as FWVP, there must be resolutions to the issues presented to attain the goal of family unity for our Filipino veterans family.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm and may be reached at law@tancinco.com, facebook.com/tancincolaw, tancinco.weareph.com/old or 1 888 930 0808)

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Global Pinoy

Reinstating the “Dead” Petition

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Joseph, a US citizen, petitioned for his 28 year-old daughter, Eliza, in June 1997. However, after the approval of the petition, Joseph died in California in 1999 before Eliza’s priority date became current. In 2004, Eliza wanted to come to the United States to visit her mother, Louida, who is now a US citizen. Eliza hasn’t seen her mother for over 10 years. Louida is elderly and has health conditions, and Eliza’s sister, a law permanent resident (LPR) in the US, is unable to care for Louida full-time. Desperate to see her mother, Eliza pays a travel agent in Manila to get her a B-2 visa. Because Eliza is still single and will have difficulty getting a visa, the travel agent gives Eliza a Philippine passport and US visa in another’s person name. Eliza enters the US and overstays to take care of her mother. In late 2005, Louida petitions for Eliza, and the petition is approved in 2008. Recently, Louida became very ill and she passed away two months ago. Eliza’s petition from her mother will be current next month.

Is she still eligible for apply for an immigrant visa?

Generally, a petition dies with the petitioner, and is automatically revoked. However, certain surviving relatives may be eligible to reinstate the petition under Section 204(l) of the INA. Section 204(l) relief is applicable only where the principal beneficiary or any derivative beneficiary of an approved petition can demonstrate that his or her primary residence was in the US at the time of the petitioner’s death, and he or she continues to reside in the US thereafter. In addition, the beneficiary must have a substitute sponsor for the I-864 Affidavit of Support who is a US citizen or LPR spouse, sibling, child, in-laws, grandparent, grandchild, or legal guardian. Once the petition is reinstated by USCIS, the beneficiary is eligible to apply for an immigrant visa.

In Eliza’s case, she is eligible to have her mother’s petition reinstated under Section 204(l) because she can demonstrate her continuous residence in the US at the time of her mother’s death and thereafter, and her LPR sister can act as the substitute sponsor. However, Eliza may be ineligible for the immigrant visa because (1) she overstayed in the US and (2) she used fraudulent documents to enter the US. Applicants applying for adjustment of status to LPR in the US, who are not immediate relatives, must have maintained legal status in the US to be eligible for the immigrant visa. Luckily, Eliza is eligible for a waiver of her unlawful presence in the US under Section 245(i) of the INA through her father’s approved petition that was filed on her behalf before January 1, 1998.

As to the fraudulent visa, Eliza will need to apply for a separate waiver, known as the I-601 waiver. This waiver requires Eliza to demonstrate that her qualifying relative, a US citizen or LPR spouse or parent, will suffer from extreme hardship if she is not granted the immigrant visa. Generally, an applicant cannot demonstrate extreme hardship where the qualifying relative has died, such as in Eliza’s case. However, Section 204(l) provides an exception to this rule so long as applicant is Section 204(l) eligible. In these cases, the qualifying relative’s death is treated as the functional equivalent of a finding of extreme hardship.

(Atty. Lourdes S. Tancinco may be reached at law@tancinco.com, tancinco.weareph.com/old , facebook/tancincolaw, or at 1-888-930 9096 or 1 415 397 0808)

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USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees

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WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the Federal Register today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23.

USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests and provide the infrastructure needed to support those activities.

Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.

The final rule contains a table summarizing current and new fees. The new fees will also be listed on the Our Fees page on our website. Form G-1055 will not reflect the new fees until the effective date. Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them.

“This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule,” said USCIS Director León Rodríguez. “We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews. However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively. We will also offer a reduced filing fee for certain naturalization applicants with limited means.”

Read more about the new fee schedule on the Our Fees page. Highlights follow:

  • A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization.
    • USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee.
  • The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170.
  • A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center.
    In preparing the final rule, USCIS considered all 436 comments received during the 60-day public comment period for the proposed rule published May 4.
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No 3-10 Year Bar for Survivor of Domestic Violence

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October is Domestic Violence Awareness Month. It is important for our community members to understand that survivors of domestic violence most especially the vulnerable immigrants who were abused by their petitioners have the privilege to self petition under the Violence Against Women Act. Let us revisit the case of Samantha who left for the Philippines after being abused by her U.S. citizen spouse.

Samantha was introduced to Steve in 2009 while she was working for a retail company in Manila. Steve is a U.S. citizen and has been Samantha’s client for a long time. After a few months, Samantha and Steve had a formal relationship. Steve then filed a fiancé visa petition for Samantha.

After being married for more than a year, no petition for green card was ever filed by Steve on Samantha’s behalf. A few months after living together, Steve started to act strange. Samantha was often yelled at and prevented from contacting her friends who also live in California. She was forced to stay home and not work because she did not possess any proper immigration document. Every time Samantha raises the issue about her petition, Steve would be upset with her and would show her his displeasure.

Samantha started feeling scared everyday. A few times, Steve would go home drunk and hurt Samantha by forcing her to have sex with him. When Samantha could no longer bear her situation, she escaped and went to a non-profit organization protecting women who are victims of domestic violence. A self-petition was filed by Samantha under the Violence Against Women Act (VAWA). Since she felt alone and depressed, she did not wait for the result of her petition. She departed for Manila and returned to her former place of employment. Samantha was happier after she separated from Steve. Samantha’s self-petition was approved by the USCIS after she had already left for the Philippines.

If Samantha wishes to pursue her application for immigrant visa based on the self-petition that she filed, will she be able to obtain the visa at the U.S. Embassy?

VAWA Self Petition

Those who are survivors of domestic violence may file as “Self Petitioners” under the Violence Against Women Act. These self-petitioners include three categories:

  1. spouse of US citizen or green card holders;
  2. child of the spouse subjected to extreme cruelty and
  3. parents abused by US citizen children at least 21 years old.

The survivor must have been subjected to extreme cruelty, which could either be physical, psychological, sexual or emotional abuse.

In the case of Samantha, since she had left for the Philippines, she would still be able to have her visa processed at the U.S. Embassy in Manila. What Samantha can do to successfully obtain her visa despite the unlawful presence is to explain to the consular officer the substantial connection between the abuse and her prior Unlawful Presence. In this case, Steve had full control over Samantha. He intentionally did not file Samantha’s immigrant petition and the latter was not allowed to leave their conjugal home. This abusive behavior resulted in the unlawful presence of Samantha. If this substantial connection between the abuse and the unlawful presence is established, Samantha may apply and be granted her immigrant visa without facing the 3-10 year bar.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com, or through facebook.com/tancincolaw.)