Manuela is the widow of Felipe, a Filipino World War II veteran, who migrated in California in 1995. Fellipe petitioned her together with their two adult children. Only Manuela was able to migrate in 1995 while their adult children then remained in the Philippines waiting for their priority dates to become current.
In December 2008, Manuela’s children, Josie and Lily, were able to come to the US on a visitor’s visa. They were granted six months of authorized stay until May 2009. In February 2009, Felipe was excited when he learned about the lump sum benefit under the Filipino Veterans Equity Compensation act that was passed into law by President Obama. He applied for his $15,000 lump sum benefit as a member of a recognized guerilla. Unfortunately, after two weeks from filing his application, Felipe suffered a heart attack and died.
Manuela requested her two children to stay in the US with her since she cannot live by herself. She also could not afford to depart for Manila because she is undergoing regular medical treatment for her illness. Josie left for the Philippines before the expiration of her stay but Lily decided to stay with her mother. Lily’s status as a visitor expired and she is now an undocumented immigrant.
In October 2010, Manuela received a letter from the Veterans Affairs denying Felipe’s claim for lump sum benefit. The letter states that Felipe’s name does not appear on the Missouri list as one of those recognized veterans. Manuela was surprised by this decision considering that Felipe became a naturalized US citizen because he was recognized by the US immigration service as a World War II veteran. Manuela, as the surviving spouse, filed a Notice of Disagreement to contest the findings. This denial caused Manuela additional grief and she indicated that her husband would be furious if he were alive. But looking at Manuela, she remained calm without remorse. She is hopeful that the VA would reconsider their decision.
Recently, Lily, also received documentation from the National Visa Center informing her that the petition filed by her US citizen father is now ready for visa processing. Her priority date on the petition is now current. Manuela knew that the petition is considered revoked since the petitioner passed away. She nonetheless sought legal advice and was told that Lily’s petition may still be processed because Lily was in the US at the time the petitioner died. The DHS Appropriations Act passed in October 2009 provided an exception to the general rule that the “petition dies with the petitioner.” The visa may still be issued despite the death of the petitioner if the beneficiaries of petitions were in the US at the time the petitioner died and that they continue to reside in the US.
Widow Remains Grateful
Manuela is thankful for the particular law that allowed her daughter to stay legally in the US despite the death of her husband. In addition, she expressed her deep gratitude to the US because she was allowed the opportunity to migrate as a result of the recognition of her husband as a war veteran. With the subsequent decision of VA refusing to deny her husband’s claim, Manuela said that she is grateful that there is a “lump sum” benefit and maintains faith in the US that his husband’s participation in World War II will soon be accurately verified.
Manuela’s views may not represent the sentiments of many other widows and surviving veterans who were denied of their just claims for lump sum benefits from the VA. Several of those denied also are adamant about winning their appeal with the VA. But speaking to her, she would always find a way to be thankful despite her setbacks. Her attitude of gratitude is truly admirable.
Hurt by Criticism
Last week, Washington lobbying groups informed us that the office of US Senator Daniel Inouye was disappointed by a lawsuit filed against the VA for the denials of lump sum benefit. According to Jon Melegrito of the National Alliance for Filipino Veterans Equity, “Hawaii Senator Inouye was hurt by criticism on the Filipino veterans equity compensation fund after all he did to help the Filipino Veterans”. Senator Inouye is the appropriations committee chair and one of the main allies that fully supported the Filipino Veterans Equity Compensation.
As a long time advocate for Filipino Veterans’ Equity, we cannot deny that Senator Inouye had always been there with us and stood by the principle of justice and equity for all Filipino World War II veterans. Thousands of veterans who are still residing in Northern California are very much thankful to the Senator for his support to the cause.
However, just like the widow, Manuela, while the veterans and the advocates are grateful to the Senator, the rights of those who were unjustly denied of their lump sum because their names are not on the Missouri list were brought to the federal court for determination of how the law is going to be interpreted. The case of De Fernandez et al v. VA (Case Number CV10-2468) filed in June 2010 is clear in what it seeks from the court.
De Fernandez case was not at all a criticism of the legislators. It is an assertion of their rights under the law. What the veterans are seeking is their rightful claim as granted to them by Inouye’s Veterans Equity Compensation.
Senator Daniel Inouye, World War II veteran himself, is a well-respected legislator who had always been on the side of the Filipino veterans for many decades. The political realities in Capitol Hill made it difficult to achieve full equity that the veterans truly deserve. But this is just going to be a matter of time. We are expecting more changes to come.
(Tancinco may be reached at law@tancinco.com or 887 7177. She is also the Chairperson of the San Francisco Veterans Equity Center and long time advocate for Filipino World War II veterans)
