Author: Tristan Mirasol

Categories
Updates

Understanding your Rights during an ICE Encounter

Understanding your Rights during an ICE Encounter
Share this:
With the threat of mass deportation looming again, you must understand your rights during an ICE encounter.

In 1954, Operation Wetback led to the mass deportation of Mexican laborers from the United States. Approximately one million immigrants were deported during this operation. Fast forward to 2025, the threat of mass deportation looms again, echoing the campaign pledge of President Trump. Now, as President-elect, this pledge is beginning to materialize, posing a real threat to all undocumented immigrants. An estimated 11 million unauthorized immigrants are at risk of arrest. However, the likelihood of being targeted in an Immigration and Customs Enforcement (ICE) raid depends on the government’s priorities.

Mass deportation raises serious concerns about human rights, community stability, and the legal protections afforded to individuals, regardless of their immigration status. Understanding the factors that determine enforcement priorities and the rights of those targeted is crucial for those living in the United States without proper legal documentation.

Who Is Most Likely to Be Affected?

The government’s priorities for arrest and immediate deportation include several categories of individuals:

Criminal Convictions: Individuals with final criminal convictions for aggravated felonies or those deemed threats to national security and public safety are prioritized for deportation. This category often includes individuals with complex legal and humanitarian considerations.

Outstanding Orders of Removal: Those with final orders of removal and no pending appeals are a primary focus. However, this does not apply to cases that are still open, administratively closed, or terminated, providing a small window of reprieve for some.

Recent Entrants: Those who entered the United States within the last two years and are within 100 miles of the U.S. border are at heightened risk. These individuals often lack deep ties to the community and may face expedited removal.

Unauthorized Presence: Many immigrants present without proper documentation fall into this broad category. These individuals may have overstayed visas, been victims of misinformation, or faced unique personal circumstances. Specific examples include but are not limited to:

  • Individuals unable to file timely extensions or status changes due to unforeseen circumstances.
  • Victims of abusive relationships unable to self-petition for relief.
  • Those misled by unscrupulous agents about their immigration status.
  • Immigrants brought to the U.S. as children who are ineligible for Deferred Action for Childhood Arrivals (DACA) will be affected if there are policy changes
  • Individuals with Temporary Protected Status (TPS) if there will be policy changes .
  • Individuals overstaying visas to care for ill relatives or dependents or for other personal reasons.

Basic Rights of Unauthorized Immigrants

The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee due process and equal protection to ALL people in the United States including to undocumented immigrants. Despite their immigration status, individuals in the United States are entitled to certain constitutional protections. 

What to Do If ICE Knocks on Your Door

Right to Remain Silent: You can assert your Fifth Amendment right to remain silent. Refuse to answer questions about your birthplace, immigration status, or how you entered the U.S. Politely state that you will not speak until you have consulted with a lawyer.

Right to Demand a Warrant: ICE agents cannot enter your home without a warrant. If they claim to have one, ask them to slide it under the door or show it through a window. Verify that it is signed by a judge and contains your correct name, address, and date of birth. Without a valid warrant, you are not obligated to allow entry.

Right to Refuse Document Requests: Do not provide any documents or consent to searches without consulting a lawyer. Assert your right to legal counsel before sharing any information or documentation.

What to Do If Taken Into Custody

Remain Calm and Polite: Though detention is a stressful experience, maintaining composure can help protect your rights. Avoid confrontations and remain respectful.

Right to Refuse Signing Documents: Do not sign anything without consulting a lawyer. You may inadvertently waive your rights to legal representation or a hearing, leading to immediate removal.

Right to Legal Counsel and a Phone Call: Have your attorney’s contact information readily available. While ICE does not provide legal representation, you are entitled to contact a lawyer. Use your phone call wisely to coordinate legal assistance or inform a trusted individual of your situation.

Due Process Right to a Hearing: Under the Fifth Amendment, all individuals—regardless of immigration status—are entitled to due process. Detainees typically have the right to a hearing, except for those apprehended near the border or lacking two years of physical presence in the U.S. Requesting a bond hearing may allow temporary release pending the resolution of your case.

Right to Appeal: A removal order is not final. You can appeal to the Board of Immigration Appeals (BIA) and, if necessary, to Federal courts for certain legal issues. While stays of removal during federal appeals are not automatic, they can be requested.

Right to Consular Access: Detainees have the right to contact their home country’s consulate. For example, Filipino citizens can reach out to the nearest Philippine Consulate for assistance with family communication and legal support.

Proactive Steps to Protect Yourself

Preparation can mitigate the risks associated with potential ICE raids or detention. Consider taking these steps:

  • Organize Important Documents: Gather identification, proof of residence, and other critical documents. Store them securely in an accessible location.
  • Consult Legal Counsel: Discuss your case with a trusted immigration attorney to explore possible options for relief while there is time to do so.
  • Connect with Advocacy Groups: Identify and familiarize yourself with local organizations that provide resources and support for immigrant communities.
  • Draft and Share a Preparedness Plan: Create a plan for your family, including financial and emotional support, in case of detention. Share this plan with a trusted individual or your lawyer. Ensure trusted individuals are aware of your plans and can act on your behalf if necessary.
  • Avoid High-Risk Areas: Stay away from places or events where ICE raids are likely.
  • Verify Information Sources: Rely on reputable sources for immigration-related updates. Avoid suspicious links or misinformation on social media.
  • Be Mindful on Social Media: Avoid posts that could attract attention or be misconstrued.

Conclusion

Mass deportation poses a grave threat to the immigrant community, but knowledge and preparation can provide a vital defense. By asserting their rights and seeking legal support, undocumented individuals can navigate this challenging environment. As a nation built by immigrants, it is imperative to advocate for humane and just immigration policies that reflect 21st-century realities. Only through education, community support, and legislative comprehensive immigration reform can we protect the rights and dignity of all individuals in the United States.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established in 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

Should the Unauthorized Immigrant Leave Voluntarily?

Should the Unauthorized Immigrant Leave Voluntarily?
Share this:

San Francisco, CA – With President-elect Trump’s promise of a mass deportation of illegal immigrants, many unauthorized immigrants (including those who have overstayed their visas) are concerned about their future in the United States. While Mexico has 4.1 million unauthorized immigrants, there are approximately 350,000 Filipino immigrants in the U.S. with undocumented status.

Though Trump has pledged to initiate mass deportations on the first day of his term, the details of this policy remain unclear. At present, there are no explicit guidelines on how deportations might be implemented. Based on campaign statements, the following actions are anticipated:

  • Use of emergency and executive authorities to bypass existing laws
  • Reactivation of the 1798 Alien Enemies Act, which served as the legal basis for the detention of people of Japanese, German, and Italian descent during WWII
  • Enlisting local and state police, U.S. military, and the National Guard to enforce immigration laws

According to the American Immigration Council, deporting one million people per year could cost taxpayers an estimated $88 billion annually. Additional resources would be required to increase law enforcement staffing, expand detention facilities, and staff immigration courtrooms, along with the substantial costs of deporting noncitizens via commercial airlines and chartered flights.

During his initial term in 2016, President Trump also discussed mass deportation, yet no more than one million immigrants were deported. Most of those removed were convicted felons or individuals with final orders of removal.

3-10 Year Bar Rule Applies

Choosing to leave the United States voluntarily before a potential mass deportation requires careful consideration of the consequences. The term “voluntary departure” can have different meanings for laypeople and within legal contexts.

In layman’s terms, voluntary departure means leaving the United States independently, such as by taking a flight back to the Philippines. This option is available only if the noncitizen is not currently in removal proceedings. However, there are consequences: even with an approved petition, departing voluntarily can result in a 3-10 year bar on reentry. Specifically, unauthorized immigrants who have been in the U.S. for over six months face a three-year bar, while those who have stayed over one year face a ten-year bar. For families with a mix of U.S. citizens or green card holders and unauthorized immigrants, this could mean separation from family members in the U.S. for three to ten years.

For those in removal proceedings, voluntary departure might allow them to reenter the U.S. later if proceedings were initiated while they were still in status. If they were already out of status, however, a 10-20 year or even a permanent bar may apply depending on the reason for deporation.

In conclusion, voluntary departure has significant immigration consequences, and consulting a licensed legal professional before making such a major decision is essential.

Rights of Unauthorized Immigrants

The U.S. Constitution guarantees due process rights to all residents, meaning that noncitizens may have the opportunity to be heard by an immigration judge before deportation. If detained, unauthorized immigrants may be entitled to a hearing. With a backlog of over three million cases, these hearings may be delayed by months or even years.

Exceptions to the right to a hearing include those who have been in the U.S. for less than two years and are arrested within 100 miles of the border and these group of immigrants may be subject to expedited removal. Most of the 350,000 unauthorized Filipino immigrants have resided in the U.S. for more than two years, and many have lived here for over 20 years.

ICE Raids and Targeted Arrests

With an anticipated increase in interior enforcement, ICE raids are expected to become more frequent during Trump’s administration. Former acting ICE Director Tom Homan noted that raids would not be indiscriminate neighborhood sweeps but rather targeted arrests based on investigative processes.

In a recent  NBC interview, President-elect Trump stated that there is no “price tag” for these deportation efforts, emphasizing that the removal of individuals involved in severe crimes is non-negotiable. According to Pew Research, of the 11 million unauthorized immigrants in the U.S., the majority have no criminal record. However, collateral arrests may still occur for those without criminal convictions who are encountered during ICE raids.

Know Your Options and Rights Before Departing

For Filipino nationals who have resided in the U.S. for extended periods, possess strong family ties, and lack criminal convictions, exploring legal options before deciding to leave is advisable. You may still have a right to a hearing where relief, such as a green card, might be possible through immigration courts.

On the other hand, if the prospect of a mass deportation creates anxiety and sleepless nights, you may choose to depart voluntarily—so long as you understand the legal consequences of your decision.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

The 2024 Filipino American History Month at the White House

The 2024 Filipino American History Month at the White House
Share this:

On October 21, 2024, the White House hosted a special event to celebrate Filipino American History Month (FAHM) organized by the WH Office of Public Engagement and the White House Initiative for Asian American and Native Hawaiian Pacific Islander (WHIAANHPI).

With over 4.4 million Filipinos now calling the United States home, this annual celebration has become a significant occasion for Filipino Americans.

Just like other celebrations in various cities and states, the White House event was a powerful testament to the immense contributions of Filipino Americans to American society. President Biden’s heartfelt written message highlighted our community’s dedication to public service, healthcare, the arts, and countless other fields. His words were a source of inspiration, recognizing the resilience, innovation, and unwavering spirit of the Filipino people.

Hosted and moderated by Kota Mizutani of the WH Office of Public Engagement, the event was filled with insightful discussions and inspiring speeches. Distinguished panelists explored critical issues such as civic engagement, mental health, education, and immigration. Renowned figures like Gina Ortiz Jones, the 27th Undersecretary of the Air Force, and Representative Robert “Bobby” Scott delivered powerful speeches that ignited our passion for service.

Officers of national organizations, Dr. Kevin Nadal and Brendan Flores of the Filipino American National Historical Society (FAHNS) and the National Federation of Filipino American Associations (NaFFAA) respectively, gave speeches emphasizing their dedication to preserving our heritage and empowering our community.

The various panels presented varying community issues: (1) Civic Engagement and Advocacy moderated by Jason Tengco, the liaison at the  White House Personnel Management; (2) A Fireside Chat with retired White House Chef Cristeta Comerford; (3) Creative/Artists Panel with Jocelyn Enriquez, Carlyle Nuera, Chef Jordan Andino and Patrick Starr.

The afternoon of discussion was concluded by serving attendees with Jollibee Chickenjoy sandwiches.

Beyond the White House Event

While the White House event recognized and presented notable leaders and achievers, it’s important to acknowledge the countless ordinary Filipinos who have made extraordinary contributions to our community and the nation as a whole. Their tireless efforts, sacrifices, and unwavering spirit have paved the way for future generations.

In celebrating this annual Filipino American History Month, let us not forget to honor these unsung heroes and continue to strive for excellence in all that we do. Together, we can build a brighter future for ourselves and for generations to come.

The impact of Filipino American History Month extends far beyond the walls of the White House. Communities across the nation organize various events, from cultural festivals and parades to educational workshops and historical exhibits. These celebrations not only highlight our rich heritage but also foster a sense of belonging and pride within the Filipino American community.

It is through these collective efforts that we can ensure the legacy of our ancestors is preserved and celebrated for generations to come.

Categories
Updates

U.S. Embassy to Launch New Visa Application Center, Additional Consular Information Services

U.S. Embassy to Launch New Visa Application Center, Additional Consular Information Services
Share this:
Manila, September 6, 2024—The U.S. Embassy in the Philippines will open a new Visa Application Center (VAC), launch an updated visa appointment system, and expand call center services to U.S. citizens in the Philippines starting on September 28.

The new VAC will be located at Parqal Building 8, Level 3, Diosdado Macapagal Boulevard, Barangay Tambo, Parañaque City. Immigrant and nonimmigrant visa applicants seeking interview appointments starting September 28 will be required to schedule a separate appointment at the VAC for photo capture and fingerprint scanning prior to their interview at the U.S. Embassy on Roxas Boulevard. Scheduling will be done through the new and redesigned online appointment system.

Applicants who have scheduled a visa interview before September 28 will not be affected by this change and should proceed directly to their appointment at the Embassy.

The new online appointment system will feature a secure and user-friendly interface for visa applicants and will be available on September 28 on ustraveldocs.com/ph . Applicants who have existing accounts in the current visa appointment system will be required to sign in to the new system using their already-registered email address to retrieve their user profile, which includes payment receipts and appointment information.

The VAC will offer appointment slots from 7:00 a.m. to 4:00 p.m., Monday to Friday, and from 7:00 a.m. to 11:00 a.m. on Saturdays. No appointment is needed for applicants who would like to pick up their passports or drop off interview waiver visa applications and other required documents from 7:00 a.m. to 4:00 p.m., Monday to Friday.

Additionally, the U.S. Embassy will launch a call center for customers with general, non-emergency American Citizen Services (ACS) inquiries. U.S. citizens can call consular hotlines at (+632) 7792-8988 or (+632) 8548-8223, or (703) 520-2235 for callers in the United States, with passport, citizenship, and notarial service questions. The U.S. Embassy will also launch a new and dedicated website (ustraveldocs.com/ph/en/american-citizens-services ) and email (support-acs-philippines@usvisascheduling.com) for these ACS services on September 28. Inquiries not related to passport, citizenship, or notarials should still be sent to the embassy’s ACS unit directly via ACSInfoManila@state.gov.

Updates regarding these changes will be posted on the U.S. Embassy website (ph.usembassy.gov) and on the Embassy’s Facebook  (facebook.com/USEmbassyPH/ ) and X account (@USEmbassyPH ).

Categories
Updates

Disappointments amid Hopes

Disappointments amid Hopes
Share this:

Dear TLAW Subscribers,

With much anticipation, we welcomed the June 18, 2024 announcement of President Biden’s Parole in Place (PIP) program that was scheduled to be implemented on August 19, 2024. USCIS began accepting applications on the same day the regulations were released. Although the application forms were available by Friday, August 16, 2024, official filings started on Monday, August 19.

As I dug into the details of the federal register notice, frustration began to set in. After combing through the 94-page document, it became clear that this PIP program was specifically designed to benefit those who entered the U.S. without inspection. Unfortunately, it did not extend to nonimmigrants who overstayed their visas, nor to crewmembers and transit visa holders who are present in the U.S. and married to U.S. citizens.

For many non-immigrant Filipinos in unlawful status (unable to adjust) and married to U.S. citizens, this was disappointing news. As the Philippines is a non-border country, those who entered without visas are the only ones eligible, and this piecemeal measure leaves out many Filipinos who have been waiting for an opportunity to obtain lawful status and adjust to permanent residency. While it’s frustrating, I remain hopeful that future administrations will support broader, more comprehensive immigration reform.

In our August 2024 Newsletter, I’ve addressed a follower’s question regarding delays caused by sputum tests at St. Luke’s Medical Center Extension Clinic in Manila. Additionally, we’re sharing good news about improved naturalization processing and options for seeking prosecutorial discretion. These opportunities remain available for a few more months under the current administration, and while I am optimistic about the outcome of the 2024 Presidential election, it’s wise to explore any options that can help avoid potentially restrictive immigration policies in the future.

Enjoy the rest of your summer, and welcome to the fall season!

Sincerely,
Atty. Lou

Categories
Updates

Texas, 15 States challenge Keeping Families Together Program

Texas, 15 states challenge Keeping Families Together Program
Share this:

Just four days after the implementation of the Parole in Place program for spouses of U.S. citizens, a lawsuit was filed seeking to suspend it. As of August 23, 2024, the plaintiffs have filed a Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action, challenging the Biden administration’s Keeping Families Together program, also known as Parole in Place. The lawsuit was brought by Texas and Idaho, along with 14 other state attorneys general from Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.

In their 67-page court filing, the plaintiffs assert that the program is illegal, arguing that it exceeds the executive branch’s authority to set immigration policy. They claim that the program constitutes a misuse of parole authority, stating, “The Biden-Harris Administration — dissatisfied with the system Congress created, and for blatant political purposes — has yet again attempted to create its own immigration system.”

Kelli Stump, President of the American Immigration Lawyers Association (AILA), responded to the lawsuit, saying:

“This is another example of states attempting to stop the federal government from using its well-established legal authority to promote family unity. In its place, these states and Stephen Miller, the architect of Donald Trump’s anti-immigrant policies, hope to re-institute a xenophobic, anti-family, anti-American agenda. We are talking about the family members of U.S. citizens who have been stuck in long-term legal limbo and, through Keeping Families Together, can now apply for legal status rather than endure an arduous and unworkable bureaucratic process. These are individuals who have been living in the United States for at least a decade and are contributing to American communities. It is reprehensible and nonsensical that these states want to undermine the core American value of strengthening families when cutting the red tape will also ensure a more secure and fairer immigration system. From a purely legal standpoint, the states are advancing weak, baseless arguments to justify their standing to sue that in no way merit the program being enjoined. While the program remains in effect, AILA members will continue to help their clients apply for this life-changing protection.”

At present, USCIS continues to accept applications, although this could change if the plaintiffs’ motion is granted.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

Why consider the option of seeking Prosecutorial Discretion?

Why consider the option of seeking Prosecutorial Discretion?
Share this:

Prosecutorial Discretion is one of the few immigration policies that this Biden Administration had emphasized during his term. Prosecutorial Discretion (PD) by U.S. Immigration and Customs Enforcement (ICE) is a critical option for individuals in unlawful status. PD allows ICE officers and attorneys to prioritize certain cases for enforcement while deprioritizing or deferring action on others, often benefiting individuals who do not pose a threat to public safety or national security. 

For those in unlawful status, seeking PD can result in relief from deportation or removal, allowing them to remain in the U.S. without fear of immediate removal. With changes in administrations often leading to shifts in immigration policy, those in unlawful status should consider taking advantage of PD while President Biden’s administration, which has demonstrated a more lenient stance on immigration enforcement, is still in power. Acting promptly is crucial, as future administrations may take a more aggressive approach toward enforcement, closing the window of opportunity for relief. Below are basic information about Prosecutorial Discretion.

What is Prosecutorial Discretion?

Prosecutorial discretion (PD) is the government’s power to decide how to apply the law to someone. In immigration situations, this can happen at various points in a person’s case and in different ways.In immigration situations, this can happen at various points and in different ways. For instance, the Department of Homeland Security (DHS) might opt not to take an immigration case to court. Attorneys from Immigration and Customs Enforcement (ICE) might stop or delay a court case, agree with the immigrant’s lawyer on certain facts, suggest that the immigrant’s request for relief should be accepted, or choose not to appeal a court decision. They can even reopen a closed immigration case if they want to. ICE also has the power to decide who to arrest, keep in custody, or release while a final decision is made on a case. 

How does the government make decisions about prosecutorial discretion? 

Every case is looked at separately. The government has written rules to help the Department of Homeland Security (DHS) decide when to use PD. According to these rules, there are two types of cases: nonpriority and priority. Non-priority cases aren’t high on the government’s list for enforcing the law and might qualify for PD. Priority cases include people who are seen as risks to national security, public safety, or border security (like those who entered the United States without permission after November 1, 2020). These cases probably won’t qualify for PD. 

What factors are considered when evaluating PD?

The government considers many factors in making its determination, including: 

  • Age, especially if an individual is young or older 
  • Length of time in the United States 
  • Whether you are a victim of a crime or a witness, cooperation with law enforcement 
  • Eligibility for immigration relief 
  • Military service 
  • Whether you are a lawful permanent resident
  • Whether you are pregnant, postpartum, or nursing
  • Have U.S. citizen children or spouse 
  • Serious medical conditions
  • Other compelling humanitarian factors  

What should I do if I believe I might be eligible for prosecutorial discretion? 

If you believe you are eligible for PD, you should speak to an attorney at Tancinco Law, P.C. to evaluate all potential options. An attorney will likely ask you to collect documents and information to support the PD request. 

President Biden’s administration has emphasized focusing immigration enforcement on individuals with serious criminal records, and the use of PD has been encouraged to reduce the backlog of cases in immigration courts. By seeking PD, individuals in unlawful status can potentially have their cases deprioritized or even closed, allowing them to remain in the U.S. legally for the time being. As this administration’s time winds down, it’s important for those affected to consider all options, including PD, to secure their future in the U.S. before any potential policy shifts under a new administration.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Categories
Updates

Restoring Faith: Noticeable Increase in Naturalized Citizens in the Biden Administration

Share this:

In 2021, President Biden issued an executive order aimed at restoring faith in the legal immigration process. A key part of this effort was to significantly reduce naturalization processing times, with the goal of strengthening the integration of new Americans.

Several changes under this administration appear to be benefiting new U.S. citizens. Notably, the backlog of naturalization cases has decreased. By 2023, the backlog stood at 416,034 citizenship applications—a 44% drop from the high of 942,669 in 2020 and the lowest backlog since 2015.

Although the filing fee for naturalization increased from $640 to $710, USCIS has made it easier for low-income applicants to qualify for reduced fees. The naturalization application itself has also been streamlined, shrinking from 20 pages to 14 pages.

A study by Boundless found that by May 2024, the average processing time for citizenship applications had dropped to just five months—a 15% reduction from the previous year and a more than 50% decrease from 2022. This expedited processing is evident in the USCIS San Francisco District Office, where applicants often receive interview notices within 3-4 months of filing. Oath ceremonies are commonly held the same day or the next day after the interview. This marks a stark contrast to the previous administration, when naturalization processing often took up to 12 months, and some cases were even reopened after naturalization had been granted.

Nationally, around nine million green card holders are eligible for naturalization but have yet to apply. In 2023, more than 25% of lawful permanent residents from Mexico were eligible to apply, and the Philippines is among the top five countries with the most eligible non-U.S. citizens.

One of the most significant rights of U.S. citizenship is the right to vote. With the 2024 Presidential election just months away, 81.4% of newly naturalized citizens are expected to cast their ballots, according to a survey by the U.S. Immigration Policy Center.

With these positive developments in naturalization processing, there’s no better time to apply for U.S. citizenship than now. If you have any questions, contact Tancinco Law P.C. at 415 397 0808 or visit our website at www.tancinco.com.

Categories
Updates

Immigrant Visa Interview: Sputum Exam means delay in Visa Application

Immigrant Visa Interview: Sputum Exam means delay in Visa Application
Share this:

Dear Atty. Lou,

My mom is 78 years old and was scheduled for her immigrant visa interview at the U.S. Embassy in Manila. We received a response on her medical examination at St. Luke’s that she will need a sputum test. It will take a few more weeks of additional screening before results are given on the sputum test. Her interview is in 10 days. The screening  and results will not be completed by date of her interview.

Should my Mom appear at her scheduled  interview or will the immigrant visa interview be canceled? We live in the province and we are wondering if my Mom has to travel to Manila for her interview. We have not received any letter or email canceling her interview. What should we do? What will happen to her visa application if my Mom is tested positive for tuberculosis?

Agnes

~

Dear Agnes,

The U.S. Embassy in Manila generally requires all immigrant visa applicants to complete their medical examination, including any additional testing, before attending their visa interview. Since the results of your mom’s sputum test will not be available by the date of her scheduled interview, it is likely that her interview will be postponed until the medical examination is fully completed. This includes receiving a clearance from St. Luke’s Medical Center, the authorized medical provider for U.S. visa applicants in the Philippines.

When visa applicants have irregular chest x-ray or signs of tuberculosis, the doctor at St. Luke’s Medical Center Extension Clinic (SLEC) will send applicants for sputum testing to confirm. Sputum test is to rule out TB or start treatment. The chest x-rays and subsequent request for sputum test is to protect the health of the applicants, the U.S. citizens.

There may be additional fees for sputum smears and other tests. The sputum culture reports can take 8 to 9 weeks to be available. If the result is negative and the SLEC issues a medical clearance, the visa interview will be scheduled and a visa will eventually be issued. If the sputum test is positive for TB, the visa applicant may need treatment under the DOT (directly observed therapy) program. Of those sent for sputum testing, about 93% of them are false alarms.

If visa applicants have to do 6 months treatment, commonly referred to as DOT (directly observed therapy) they will have to pay for a second medical at completion.  

Medical examination at the St. Luke’s Medical Center Extension Clinic (SLEC) increased this month to P28,650 for adults (15 years old and older) and P13,910 for children (14 years old and below). If a sputum culture and screening is to be taken, that will be an additional cost to the visa applicant.

The U.S. Embassy will move your mom’s appointment date upon notification from SLEC that additional tests/screening are required. 

Be aware of the expiration date of the medical exam which is valid only for 1 year.  Considering delays caused by the additional sputum tests (and treatment) your Mom will have to repeat the whole process if the medical exam expires.

Thank you for your question.

Atty. Lou

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)