Categories
Updates

Immigration Relief Available for Certain Filipino Nationals Impacted by Typhoon Haiyan

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USCIS has published a reminder to Filipino nationals that they may be
eligible for certain immigration relief measures in the wake of the
disastrous effects of Typhoon Haiyan. Because a natural disaster may
affect a person’s ability to establish or maintain lawful permanent
residence in the United States, certain Filipino nationals impacted by
the typhoon may be able to request the following immigration relief
measures.

  • Change or extension of nonimmigrant status for an individual
    currently in the U.S., even when the request is filed after the
    authorized period of admission has expired
  • Extension of certain grants of parole made by USCIS
  • Extension of certain grants of advance parole, and expedited processing of advance parole requests
  • Expedited
    adjudication and approval, if possible, of F-1 student requests for
    off-campus employment authorization due to severe economic hardship
  • Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents
  • Expedited adjudication of employment authorization applications, where appropriate
  • Assistance to lawful permanent residents stranded overseas without immigration or travel documents
Categories
Global Pinoy

Who Qualifies for a Humanitarian Parole?

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With the recent devastation caused by Typhoon Yolanda, significant numbers of Filipino families have suffered losses and have been forcibly separated. There is no greater tragedy than to see the demise of a family member. For those who survived, it is heart wrenching to see them ill, hungry or suffer injuries.

For a Filipino American family who is separated because of immigration regulations, the pain experienced is the same, although not to the extent of losing a family member from a natural disaster. Recently, a US citizen who was separated from her husband just two weeks before typhoon Yolanda hit was worried about the safety of her husband. The husband lives in a town that was hit hard by typhoon Yolanda. What can she do to reunite with her husband? What is a humanitarian parole visa?

Fred entered the U.S. with a J1, also known as an exchange visitor’s visa. A private educational institution sponsored his program. As a J1 visa holder, he is subject to the two-year condition requiring his return to the Philippines for a period of two years before any other kind of visa can be obtained.

While in school in the US on a J1 visa, Fred met Carol who is a U.S. citizen.  After a few months Fred and Carol had a romantic relationship. Carol got pregnant and they both decided to get married. Thereafter, Carol filed a petition for Fred so that they can live together. A waiver of the two-year requirement was also requested. Unfortunately, to the dismay of the couple, only the petition was approved and but Fred was not able to get his immigrant visa because his waiver application was denied. Thus, Fred was required to stay in the Philippines for a 2-year period prior to being issued an immigrant visa to the US.

Prior to receiving all the adverse decision denying Fred’s 2-year waiver, Carol gave birth to their son. The lawyer for Fred advised him to go back to the Philippines and comply with the two-year requirement. Carol refused to be separated and so she, together with their son, returned with Fred to the Philippines.  Carol and the son were not able to adjust to the climate and the living conditions in the province. She was compelled to leave Fred behind. Two weeks after she left, super storm Yolanda hit hard near the place where Fred was residing. While Fred is safe, their family residence was severely damaged. Carol wants Fred to return to California but does not know if a visa will be issued to Fred. Their son is suffering from a medical condition requiring regular treatment. She heard about a humanitarian parole visa and she wants to know if this is something that Fred will qualify for.

Humanitarian Parole

Humanitarian parole refers to an official permission for an otherwise inadmissible non-U.S. citizen to legally enter the United States temporarily. This includes those required to have a visa to visit or immigrate to the United States who are unable to obtain one, either due to ineligibility, inadmissibility or urgent circumstances that make it impractical to apply for one.

The Secretary of the Department of Homeland Security has the sole discretionary authority to parole a non U.S. citizen into the United States temporarily on a case-by-case basis for urgent humanitarian reasons, such as to obtain medical treatment not available in his or her home country, visit a dying relative, or reunify young children with relatives. Granted for a maximum of 1 year, humanitarian parole does not constitute permanent admission of the alien into the country. Once the purpose of the parole is fulfilled, the alien is to leave the United States.

 The non U.S. citizen may be paroled into the U.S. for “urgent humanitarian reasons” or where a grant would result in a “significant public benefit.” Humanitarian parole is an extraordinary measure, to be used sparingly and not to circumvent normal visa-issuing procedures.

Filing the Application

The humanitarian parole application process starts when the Humanitarian Assistance Branch of the Department of Homeland Security receives an application and supporting evidence proving the emergency from the requester, who may be the applicant, the applicant’s attorney, or someone applying on the applicant’s behalf. Upon receiving an application, the officer at the Humanitarian Assistance Branch checks to ensure that the applicant is seeking humanitarian parole, the required information is entered on the application form (Form I-131), and the package includes the $360 application fee. If the application is complete and meets the qualifying factors for a grant are present, the parole application can be approved. Anyone may file on behalf of another person, provided the potential beneficiary is outside the United States. Application forms and instructions can be found on the USCIS Web site.

Fred may try to apply for the humanitarian parole and document the emergent reasons for traveling back to the United States. Depending on how the terrible tragedy and the disaster conditions have affected Fred and his family, a request for a humanitarian parole visa may be an available option.   The calamity in his town may be an emergent reason for his return while it may not be a substitute for the visa. He may also submit proof that his infant child is ill and that he needs to be with her wife during these difficult times.

The reality of the pain and suffering caused by the terrible tragedy that is Yolanda is brought home almost daily not only by local news coverage but also by international news organizations bringing news coverage of the situation in Tacloban. It is not hard to see the grave humanitarian situation that is happening in Tacloban and the nearby hard-hit areas.  Considering the current humanitarian crisis there are also advocacies by Filipino immigrant community in the United States for the grant of temporary protective status for Filipinos who are facing immediate deportation/ removal.  Likewise, exceptional hardships for waiver applications may include the sufferings and losses brought about by the typhoon.  Realistically, compassionate adjudications of waivers and humanitarian parole is expected from the immigration service but may not be guaranteed.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com, +63 2 721 1963 or visit her website at tancinco.weareph.com/old)

Categories
Updates

USCIS Seeks Input to Guide New Mobile E-Verify Solutions

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USCIS is currently investigating ways to bring E-Verify to mobile
device users and is seeking input from the public. The federal agency is
looking for good ideas and suggestions to help guide the development of
new mobile E-Verify solutions. Specifically, USCIS seeks input
regarding the following questions:

  • Why would you use E-Verify on a mobile device?
  • How would you like to access E-Verify on your mobile device?
  • What features would you like E-Verify to have in a mobile app?

Share your ideas at http://e-verifylistens.ideascale.com.

Categories
Updates

Temporary Protected Status Extended for Somalia

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The Department of Homeland Security (DHS) announces that it is extending
Temporary Protected Status (TPS) designation for Somalia for an
additional 18 months. TPS designation for the African national will be
extended from March 18, 2014 through September 17, 2015. This extension
will allow currently eligible TPS beneficiaries from Somalia to retain
TPS through September 17, 2015.

The Secretary of Homeland Security determined that this extension of
status was warranted due to the substantial, temporary disruption of
living conditions in Somalia due to an ongoing armed conflict that
prevents Somalis who have TPS from safely returning home.

Categories
Updates

USCIS Publishes Updated H-2B Visa Numbers November 1, 2013

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On November 1, 2013, USCIS provided an update of the amount of
cap-subject H-2B visas received and approved by the federal agency for
the first and second halves of Fiscal Year 2014. According to USCIS, a
total of 7,258 beneficiaries have been approved for the first half of
Fiscal Year 2014, with an additional 1,205 petitions pending. No
beneficiaries have yet been approved for the second half of Fiscal Year
2014.

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.

Categories
Updates

USCIS Guidance for Foreign Nationals Impacted by Civil Unrest or Natural Disasters in Their Home Country

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This week, USCIS posted a series of tips for foreign nationals in the
United States who are impacted by either civil unrest or natural
disasters in their home country. In instances in which returning home as
originally planned may be impeded due to civil unrest or major natural
disasters, foreign nationals may be able to maintain their legal
immigration status in the United States. Temporary relief measures may
be available.

The following options are available for certain eligible foreign nationals affected by unrest/natural disasters:

  • You may be able to change or extend your nonimmigrant status if you are currently in the U.S.
  • Adjudication for requests for off-campus employment authorization
    for F-1 students experiencing severe economic hardship may be expedited.
  • Processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent
  • residents whose priority dates are current may be expedited.

  • In certain instances, employment authorization may be expedited as well.
Categories
Updates

USCIS Publishes Updated H-2B Visa Numbers – October 25, 2013

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On October 25, 2013, USCIS provided an update of the amount of
cap-subject H-2B visas received and approved by the federal agency for
the first and second halves of Fiscal Year 2014. According to USCIS, a
total of 6,848 beneficiaries have been approved for the first half of
Fiscal Year 2014, with an additional 1,417 petitions pending. No
beneficiaries have yet been approved for the second half of Fiscal Year
2014.

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.

Categories
Immigration Round Table

Why Approved Visa Petitions Are Returned to USCIS?

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After waiting for several years for a petition’s priority date to become current and ready for visa processing, several factors may still result in the termination of an approved petition. This may happen both in the family based and employment based petitions. Below is a letter from a parent of a beneficiary of an approved employment petition seeking clarification on why her daughter’s petition was returned to the U.S. Citizenship and Immigration Services.

Dear Atty. Lou

My daughter’s I-140 (employment petition) was approved in 2007.  The employer paid the visa fees since the priority date is already current. But recently when my daughter checked the petition status,  the National Visa Center (NVC) told her that her papers were returned to US Citizenship and Immigration Services (USCIS) and the reason is for background check and for extended review.

To my daughter’s surprise, she found out that 16 of those who were petitioned are facing the same problem with the same Petitioner company.   I would like to know why this is happening to my daughter’s petition?  How long will it take for the USCIS to review and complete an extended background check?  Is it possible to re-apply or apply to another company using the same petition?  What are my daughter’s options? I look forward to a response.

RM

Dear RM,

As I mentioned, nothing is permanent with an approved petition whether it be based on a petition filed by a family or employer. In family petitions, the death of the petitioner results in the death of the petition as well. Same case with employment petitions, the closure of the business of the petitioner likewise will result in the termination of the employment petition. Other grounds for possible revocation are lack of qualifying relationship. In a spouse petition, the divorce or annulment of the marriage will result in revocation of the petition. The same with employment based petitions where the job offer no longer exists or is withdrawn by the employer, the employment petition is automatically revokes.

I am not particularly aware of the circumstances of your daughter’s petitioner. If several petitions were filed by the petitioner, there is probably an issue of either the existence of the job offer for all the 16 beneficiaries or future employees; or it could probably be just a review check of whether the petitioner’s business is still viable for purposes of paying the required wages. Many other reasons could be raised for the possibility of a revocation. Of course, prior fraud or misrepresentation could also be a ground for revocation especially in cases where there is no actual financial ability to pay the wages on the part of the employer-petitioner.

The fact that the petition was returned by the National Visa Center to the USCIS means that there is a possibility that information is in the possession of the USCIS that raises doubt on the continued validity of your daughter’s petition. What happens after the petition was returned to the USCIS is that the petitioner will receive a letter from the USCIS affording him the opportunity to respond to the issues that may affect validity of the petition. When the petitioner receives this letter, he should respond to it appropriately. Hopefully, the issues that will be raised in the letter may be easily addressed so that your daughter may receive her visa soon.

If you know the contact information of your daughter’s petitioner or their attorney, you may want to inquire directly if they receive a notice from the USCIS. If they receive the letter from USCIS you may want to ask for a copy to determine the cause of the extended review. If everything is addressed without a problem, your daughter will receive her visa. Otherwise, she may wish to seek a different petition through a different employer. She may want to recapture her priority date from the approved petition in order that she does not have to wait long for her new approved petition.

I hope this information is helpful to you.

Atty. Lou

(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 1 888 930 0808, email at law@tancinco.com or visit her website at tancinco.weareph.com/old. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com)

Categories
Global Pinoy

Obamacare and the Immigrant Family

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In a few months, the health insurance program of President Obama, the Affordable Care Act, more popularly known as Obamacare, will take full effect. With a few exceptions, the American public is expected to have health insurance coverage. Those who are not able to afford paying the premiums will get assistance from the federal government. For a Filipino immigrant who recently arrived from the Philippines, will he be expected to take advantage of the benefits of the Obamacare? What about those who have fallen out of status or whose authorized stay expired, will they be able to benefit from Obamacare?

Jesse and Ann are both green card holders. They have two minor children who are in elementary school. Jesse works as a contractor for a construction firm and Ann is left in the house to take care of his children.

Being self employed, Jesse does not have insurance coverage for himself and Ann. They live in California and Jesse earns $45,000/year. Instead of obtaining insurance coverage and paying high premiums every month, Jesse spent most of his money for their everyday living expenses.

Jesse heard that there is a mandatory requirement to get health insurance coverage beginning January 1, 2014. He still has no plans to obtain insurance but is afraid of paying penalties. If Jesse cannot afford health insurance coverage, how can he comply with the requirement of the Affordable Care Act to get insurance coverage? How can he get assistance from the US government?

The Current Health Care System

The health care system in the United States is flawed in many ways. It is private insurance most commonly provided through employers. The public  health care system is limited only to seniors (like Medicare) or the low income (Medicaid).

Without insurance, the cost of healthcare is beyond reach by most Amercians and one devasting illness can spell the difference between a family being financially secure one day and bankrupt the next.

in an employer-based system, providing healthcare for the employees is a challenge, particularly for small business enterprises. Due to the constantly increasing costs of healthcare plans, business owners are sometimes forced to employ practices to limit or altogether avoid health care coverage for their employees.

When access to health care is not seen as a right but viewed as a privilege available only to those who can afford it, when society’s health care system is motivated by profit instead of the adoption of sound policies to promote health and invest in preventive care, problems are compounded to a point where nothing makes sense. Patients do not seek medical intervention until it is too late, emergency procedures become rampant, there are medical providers who may perform or limit medical procedure not on the basis of a patient’s needs but to increase a provider’s profit margin.

For the low and middle income immigrant families, obtaining health care insurance is not affordable.  In some instances, even if they could afford the premiums, an insurance company could simply put a lifetime cap on coverage or even decline coverage arbitrarily because of “pre-existing” conditions.

Countdown to Obamacare

The Affordable Care Act (or Obamacare) is an attempt to curb these practices, put a rein on the rising costs of care, and address some of the problems of our failed health care system. Obamacare was enacted into law in 2010, some of its seminal provisions are already in place, others will be phased in incrementally. On January 1, 2014, the insurance mandate is to take effect. Obamacare requires citizens to obtain insurance coverage or risk paying penalty of $95 that will increase to $695 in 2016. “Health care marketplaces” were opened this October and are now operating through websites so the public may shop online for the best prices and services. Few states have their own healthcare exchange marketplace and if the specific state has no market place they can go to the federal website called healthcare.gov. As soon as an individual is able to identify a plan that suits his needs, there will be a computation on how much in premium he is to pay, less the subsidized amount from the federal government. Tax credits will offset the amount of subsidy and the individual will end up paying less premium.

In the case of Jesse and Ann, they may log on to the “healthcare marketplace” website and choose a plan that suits their needs. Whatever amount is the monthly premium, the government will share a portion of it through tax credits. Hence, if for example Jesse’s premium is $400, considering his income and size of his family, he will be provided with tax credits, which will reduce the $400 to a significantly low premium.

Obamacare will not affect those who have insurance coverage through their employment or those who are happy with their private insurance.  Senior citizens with Medicare should not dropped off their Medicare coverage because Obamacare has no effect on Medicare. Also, veterans with Tri-Care insurance will not be affected by Obamacare.

Obamacare, while it is a marked improvement from the failed health care system it sought to address, is far from ideal. Specifically, the political wranglings in Congress, like the wranglings currently in play on the issue of immigration reform, caused a huge portion of the population to be forgotten on the fundamental question of access to healthcare. Undocumented immigrants, or the “TNTs”, are not covered by Obamacare.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 721 1963 or visit her website at tancinco.weareph.com/old)