In late 2004, the exchange rate between the Indian rupee and U.S. dollar changed. This new exchange rate is 64 rupees to each U.S. dollar, as opposed to the previous rate of 62 rupees to each U.S. dollar.
Immigration authorities note that anyone who submitted a visa payment prior to the changeover date (December 22, 2014) will not need to provide any additional payments to reflect the exchange rate.
Thousands of Filipinos living outside the Philippines are feeling the excitement and exhilaration of Pope Francis visiting the homeland. Several balikbayans flew back to the Philippines in time for the Pope’s visit to the Philippines to witness his arrival and join in prayers with him.
Not all of those who are desirous of seeing the Pope are able to travel to places where he is visiting. More so, what comes to mind are the several thousands of Filipinos who are willing but unable to travel because of the fact that they do not have the proper legal documents.
Families of Typhoon Haiyan
When Typhoon Haiyan hit the Philippines in November 2013, there were thousands of immigrants Filipinos whose families were affected and lost their homes. The immigrant Filipinos got together through various organizations or individually in extending assistance to victims of Typhoon Haiyan.
Last year, there was news that several of the donated items never reached the intended victims neither were some cash donations accounted for by recipients. Whether or not there is truth in this matter, the immigrant Filipinos were concerned about the welfare of the victims who may either be their friends or relatives. News of continuing sufferings, unaccounted funds and corruption of public officials agitated many immigrant families who sacrificed being separated from their loved ones to assist the homeland economically and somehow, alleviate poverty. On top of this, the requested Temporary Protected Status for Filipinos was considered by the U.S. Department of State but was never granted to Philippine nationals.
With the effect of the calamity and “man-made disasters” of corruption, as immigrant Filipinos, we could not help but agonize about the misfortunes of friends and families in the homeland. Then came the People’s Pope visiting the Philippines, bringing the message of mercy and compassion. His priorities are the victims of the Typhoon Haiyan and the poor. He also recognizes the hardworking Filipinos abroad who are sacrificing separation from loved ones to give better future to their families. Pope Francis’ visit brings to us the pastoral message of love and mercy that God has never forgotten those that continue to suffer. As an immigrant, this brings to us a spiritual message of hope that despite the pain, we have a God that will give us the grace to withstand all the challenges. Chito Desuasido, a long time Filipino immigrant, now a U.S. citizen in the San Francisco bay area, feels that with Pope Francis’ visit, there will be “lasting impact, an anchor to look back to regain strength to fight evils of exploitation and corruption in the Philippines.”
The Pope’s visit to the Philippines extended the message not just to Filipinos in the Philippines but to all Filipinos abroad who are facing challenges that we can all come together with renewed hope and that we are not alone in our struggles. As we begin the New Year, let us remember that through our unity as kababayans and our faith we can work together to overcome our adversities.
((Atty. Lourdes Santos Tancinco is an immigration attorney with the Tancinco Law Offices based in San Francisco, CA. She may be reached at 02-721-1963, law@tancinco.com, facebook.com/tancincolaw or at tancinco.weareph.com/old)
Beginning January 15, 2015, the consulates of Mexico located in the United States will issue copies of birth certificates registered in Mexico. Mexican nationals wishing to obtain certified copies of their birth certificates should visit the nearest consulate, present official proof of identity, fill out an application and, if they have it, provide their Clave única de Registro de Población (CURP).
Certified copies of Mexican birth certificates cost $13. There are no additional fees and no person can charge additional fees for their service. To find out more call 1-855-463-6395.
The Department of Homeland Security (DHS) is currently considering a new pilot program to streamline the adjudication of certain types of employment-based immigration benefit requests submitted by eligible U.S. employers. This new program, the Known Employer pilot program should be launched by late 2015. The program is designed to make adjudications more efficient and less costly and reduce paperwork and delays for both DHS and the U.S. employer applicants.
The program will be jointly administered by USCIS, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. Its goal would be to expedite and facilitate legitimate cross-border business travel along the norther border ports of entry. In particular, the program would “explore the feasibility of incorporating a trusted employer concept in the processing of business travelers between Canada and the United States.”
USCIS is reminding immigration benefits applicants of scams related to President Obama’s recent executive actions on immigration. USCIS reminds applicants that it is not yet accepting applications or requests for these new executive actions. The actions include expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
You may be considered for expanded DACA is you entered the United States before the age of 16; meet all other DACA guidelines; and have lived in the U.S. continuously since January 1, 2010. You may be considered for DAPA if you have lived in the United States continuously since January 1, 2010; had, on November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident; and are not an enforcement priority for removal from the United Status.
While USCIS is not currently accepting requests for expanded DACA or DAPA, you may begin gathering documents in preparation for applying that establish your identity, relationship to a U.S. citizen or lawful permanent resident, and continuous residence in the U.S. over the last five or more years.
The Department of Homeland Security has extended certain benefits for Syrian nationals affected by the unrest in their native country. This includes an extension of the suspension of certain requirements for employment authorization for F-1 nonimmigrant students and an extension of the designation of Syria for TPS for 18 months.
Specific requirements for employment authorization for Syrian F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of civil unrest in Syria since March 2011 has been extended through September 30, 2016. The designation of Syria for Temporary Protected Status has been extended for 18 months from April 1, 2015 through September 30, 2016, with the re-registration period running from January 5, 2015 through March 6, 2015.
For many years, Johnny lived separately from his family in Manila. When President Obama announced his new immigration initiatives through executive action, he became hopeful that somehow he would be able to reunite with his family.
Johnny is looking forward to applying for the Deferred Action for Parental Accountability; or, the deferred action for parents of American citizens or lawful permanent residents. If the U.S. Citizenship and Immigration Services will start accepting his application, he will be able to apply for an employment authorization document. With this document, he will be able to come out of the shadows and be a more productive employee. But, whether or not he will receive an authorization to temporarily travel outside the United States to visit his family in the Philippines is still unclear until the UCSCIS releases its regulations. Despite this uncertainty, Johnny remains hopeful until he heard about recent roadblocks to Obama’s executive action on immigration brought about by lawsuits. What are the effects of these lawsuits that were filed against President Obama questioning the legality of the executive actions? What is the effect of limiting the federal funding of the U.S. Department of Homeland Security?
Political Maneuvers to Halt Implementation
An Arizona Sheriff in Maricopa County, Sheriff Joe Arpaio, was quick to file a lawsuit against President Obama alleging that actions by President Obama are unconstitutional for overstepping his power by changing the law himself and bypassing Congress. Last week, the U.S. District Court dismissed this lawsuit.
Another lawsuit filed by the State of Texas and 24 other states also questioning the constitutionality of the Obama executive action is pending with the Texas U.S. District Court. This case is scheduled to be heard on January 9, 2015. Plaintiff states are requesting for a preliminary injunction on the implementation of the executive action on the basis of unconstitutionality. President Obama is confident that he will prevail in this case considering that his actions are well within the legal authority of the executive branch of the United States. This position is supported by a significant number of legal scholars who have written their support for the legality of the executive action. Obviously these lawsuits are politically motivated. Several civil rights, immigration and labor organizations have submitted their amicus brief to the court in support of the executive action in an effort to have the case dismissed.
The Department of Homeland Security also was allocated its budget by Congress only until February 2015. This was a political maneuver by the Republicans intended to defund the DHS after they take over the House making it difficult to implement the Obama initiatives.
With all these roadblocks, there is still optimism among those who stand to benefit from these initiatives. Not all the undocumented will benefit from the new policies but the estimated 4.5 million undocumented who are waiting for DHS to implement the initiatives are keeping their faith that the Obama administration will surpass all these challenges. The faith lies in the belief that these changes in immigration policies are not only legal but also morally right.
((Atty. Lourdes Tancinco may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw or at 02-7211963)
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.
In 2011, 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 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.
In the meantime, Steve was prosecuted for domestic violence and served a few months in prison. 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? How will her unlawful stay of more than 2 years affect her visa application?
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. She would need to be interviewed by the consular officer about the circumstances of her case because she would be subject to the 3-10 year bar from returning to the US due to her accrual of more than 1 year unlawful presence in the US.
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 obtain her immigrant visa without facing the 3-10 year bars and travel back to the United States to start her life anew.
(Atty.Lourdes Tancinco may be reached at law@tancinco.com or at 887 71 77 or visit her website at tancinco.weareph.com/old)
On December 26, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 18,841 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 4,729 petitions pending. No beneficialries have been approved for the second half of fiscal year 2015, but 1,231 petitions have been received.
Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year.
1900 S Norfolk St Suite #350, San Mateo, CA 94403
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Based in the San Francisco Bay Area, with physical offices in San Mateo, CA and in Manila – Tancinco Law, P.C. is ready to assist you in U.S. immigration and business-related concerns. Call us Toll Free (888) 930-0808 or at 1-415-397-0808.