Tag: covid-19

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New CDC Policy: Covid-19 Vaccine Required for Green Card Applicants

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Starting October 1, 2021, applicants for immigrant visas or green cards whose applications are pending before the U.S. Citizenship and Immigration Services and or the U.S. Embassies are required to show proof that they are fully vaccinated against COVID-19.

This new policy was released by the U.S. Centers for Disease Control and Prevention. It will be applicable to applicants who complete their Medical Examination or their Form I-693, Report of Medical Examination and Vaccination Record on or after October 1, 2021.  If the medical examination or I-693 was completed before October 1, 2021, and remains valid, proof of COVID-19 vaccination will not be required.

Applicants for green cards who refuse the vaccine and do not qualify for any of the CDCs limited exemptions will be deemed inadmissible and be denied their visas.

Vaccinations that are recognized as valid are the Pfizer-BioNTech, Moderna or Johnson & Johnson vaccine.  If none of these vaccinations are available in the country of origin of the applicant, CDC will accept different-COVID-19 vaccines as recommended by its Advisory Committee on Immunization Practices.

There are waivers and exemptions from the vaccine requirement that may be applied.  CDC will waive COVID-19 vaccine requirement for individuals who are too young to safely receive vaccines and for people with contraindications, i.e., health conditions that indicate that s/he is likely to have a severe adverse reaction to the vaccine. It can also be waived for individuals from countries with no or limited COVID-19 vaccine supplies.

Exemptions of this requirement may be applied for visa applicants who refuse the vaccine based on religious or moral grounds. However, no exemption will be provided to those who claim that they contracted COVID-19 and are still immune to the virus.

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Featured

Updated Advisory: Traveling to the Philippines and the U.S.

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Traveling to the Philippines

According to the guidance issued by the Philippines Bureau of Immigration (BI), individuals in the following categories should be allowed to enter the Philippines, subject to the maximum capacity of inbound passengers at the port and date of entry, until further notice:

  1. Foreign nationals with valid and existing visas at the time of entry;
  2. Foreign nationals allowed entry under the Balikbayan Program (RA6788), provided they are nationals from non-visa-required countries under Executive Order 408:
    • Former Filipino citizens, together with their foreign spouses and children, regardless of age, who are travelling with the former Filipino citizens; and
    • Filipino citizens’ spouses and children, regardless of age, who are travelling with the Filipino citizen.
  3. Foreign nationals who are holders of valid and existing Special Resident Retiree’s Visas (SRRV), may be allowed entry without the need for an Entry Exemption Document (EED).
  4. Foreign nationals who are holders of valid and existing 9(a) or Temporary Visitor’s Visas, provided they present, upon arrival, an EED issued by the Department of Foreign Affairs (DFA).

Except for Section 9(e) visa holders who are covered by different testing and quarantine protocols, the entry of all other foreign nationals shall be subject to the following conditions:

  • With pre-booked accommodation for at least ten nights in a quarantine hotel/facility; and
  • Subject to COVID-19 testing at the quarantine hotel/facility on the seventh day from date of arrival.

Arriving passengers who are fully vaccinated in the Philippines shall be required to undergo a seven-day facility-based quarantine upon arrival, with the day of arrival being the first day.

A fully vaccinated individual must carry his or her vaccination card, which must be verified prior to departure, as far as practicable. This document must be presented to the dedicated Bureau of Quarantine (BOQ) representative for verification at the Department of Transportation One-Stop-Shop (OSS) upon arrival in the Philippines.

Traveling to the United States

All airline passengers traveling to the United States, including U.S. citizens and Lawful Permanent Residents (LPRs), are required to provide proof of a negative COVID-19 viral test or recovery from COVID-19.

Effective January 26, 2021 all airline passengers to the United States ages two years and older must provide either a negative COVID-19 viral test taken within three calendar days of travel or provide a positive test result and documentation from a licensed health care provider or public health official of having recovered from COVID-19 in the 90 days preceding travel.  Passengers must also attest, under penalty of law, to having received a negative qualifying test result or to recovery from COVID-19 and medical clearance to travel.   

Airlines must deny boarding to passengers who do not meet these requirements.   U.S. citizens in countries where adequate COVID-19 testing is not available or may not be able to satisfy the requirements, should depart immediately or prepare to be unable to return to the United States until such time as they can meet the requirements.    

(This update is current as of June 4, 2021.)

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Updates

Trump’s Covid-related Immigration Ban has Expired: Will All Visa Processing Begin Again?

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Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021.

According to the U.S. Department of State, visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance.  

The U.S. Embassy in Manila maintains limited routinary services given the current local condition in the Philippines and given the limited staffing resources. There is no specific date when the U.S. Embassy in Manila will resume full routinary visa services but the consular officer will continue to  provide emergency and mission-critical visa services.

As of March 15, 2021, the U.S. Embassy in Manila is processing the following limited number of cases: 

Immigrant Visa:  

  • Cases for applicants previously interviewed and refused under INA Section 221(g) for additional document submission or processing.
  • Interviews for any case with a derivative applicant who is turning 21 years old and risks losing eligibility as a child.
  • Interviews for Immediate Relative family members of U.S. citizens, including intercountry adoptions: IR-1, CR-1, IR-2, CR-2, IR-3, IH-3, IR-4, IH-4, and IR-5.
  • Expedite-approved mission critical cases, such as fiancé(e)s of U.S. citizens and their children (K-1, K-2) if there is a terminal eligibility deadline (age out or one year issuance deadline for K-1 of an issued K-1 approaching) or active U.S. military petitioners as well as employment-based (EB-3) immigrants with healthcare positions on a case-to-case basis.
  • Visa interviews for all other immigrant visa categories remain suspended until local conditions and capacity allows.

Nonimmigrant Visa:  

The Embassy continues to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission-critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students and exchange visitors (F-1, M-1, and J-1) and temporary employment visas). 

Visa appointments and processing for B1/B2 (Business/Tourist) remain suspended. 

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Updates

Updated Advisory: Traveling to the Philippines and the U.S.

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Traveling to the Philippines

According to IATF Resolution No. 97 released on January 28, 2021, U.S. citizens or non-Filipinos who are not dual citizens and naturalized U.S. citizens are not allowed to enter without valid Philippine visas among other requirements. 

The resolution states that non-Filipinos may enter the Philippines, subject to the following conditions:

  1. With valid and existing visa at the time of entry;
  2. With pre-booked quarantine accommodation for at least seven nights in an accredited quarantine hotel/facility;
  3. Subject to COVID-19 testing on sixth day from date of arrival; and
  4. Subject to maximum capacity of inbound passengers at the port and date of entry.

Note that those with no Philippine passports but with valid visas who fall under the following categories will be allowed entry into the Philippines subject to the same requirements above:

  1. Foreign spouses of Filipino nationals; or
  2. Foreign parents of minor Filipino children and of Filipino children with special needs, regardless of age.

Those who comply with the above and who are allowed to enter the Philippines  will have to comply with the mandatory 7 days quarantine upon arrival at approved Department of Health (DOH) facilities. This rule applies despite negative COVID tests upon arrival. On the sixth (6th) day of arrival, the traveler will have to take a mandatory COVID-testing. 

Make sure before traveling and before making a hotel reservation that the hotel is an accredited quarantine hotel/facility by the Philippine Department of Health. For a list of accredited quarantine hotels and facilities, travelers should exercise due diligence by researching only on reputable information sources. Or they may contact their airlines for any list or their partner quarantine hotels for recommendation.

Traveling to the United States

All airline passengers traveling to the United States, including U.S. citizens and Lawful Permanent Residents (LPRs), are required to provide proof of a negative COVID-19 viral test or recovery from COVID-19.

Effective January 26,2021 all airline passengers to the United States ages two years and older must provide either a negative COVID-19 viral test taken within three calendar days of travel or provide a positive test result and documentation from a licensed health care provider or public health official of having recovered from COVID-19 in the 90 days preceding travel.  Passengers must also attest, under penalty of law, to having received a negative qualifying test result or to recovery from COVID-19 and medical clearance to travel.   

Airlines must deny boarding to passengers who do not meet these requirements.   U.S. citizens in countries where adequate COVID-19 testing is not available or may not be able to satisfy the requirements, should depart immediately or prepare to be unable to return to the United States until such time as they can meet the requirements.    

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Updates

REAL ID Enforcement extended for another year, or until October 1, 2021

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The Department of Homeland Security (DHS) announced that due to circumstances resulting from the COVID-19 pandemic and the national emergency declaration, their agency is extending the REAL ID enforcement deadline by a year. The new deadline for REAL ID compliance is now October 1, 2021. Below is the DHS rationale for this extension:

“The federal, state and local response to the spread of the Coronavirus here in the United States necessitates a delay in this deadline. Our state and local partners are working tirelessly with the Administration to flatten the curve and, therefore, we want to remove any impediments to response and recovery efforts. States across the country are temporarily closing or restricting access to DMVs. This action will preclude millions of people from applying for and receiving their REAL ID. Extending the deadline will also allow the Department to work with Congress to implement needed changes to expedite the issuance of REAL IDs once the current health crisis concludes.”

This extension means that for purposes of domestic flights in the United States, Transportation Security Administration’s (TSA) and airlines’ agents may still accept the Drivers licenses or identifications that are not REAL-ID compliant until October 1, 2021. And since there is a one year extension, those who are eligible to apply for a REAL ID compliant license must do so without further delay. Those individuals who do not have legal status usually are not granted driver’s licenses or identifications that are not REAL-ID compliant. It will also be prudent to seek ways on how to legalize immigration status if there are available legal options.

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Updates

What USCIS Employees’ Furlough Mean to Visa Applicants

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Beginning August 31, 2020, USCIS will operate with only one-third of its usual staff. According to USA Today, notices were already sent to 13,400 USCIS employees that they will be furloughed as of August 30, 2020.

Most USCIS operation costs are taken from fees that are paid by applicants or petitioner’s. But for this specific year, USCIS claims that because of COVID-19, there were less revenues received resulting in a budget shortfall. The agency was requesting Congress for a $1.2 billion bailout through the coronavirus emergency package which unfortunately was never passed into law. Claiming a shortage in budget, USCIS made a decision to furlough two thirds of its employees until a budget is allocated by Congress.

As a result of this impending furlough, several immigration related petitions and applications will be affected which includes among others:

  1. U.S. citizenship applications;
  2. Permanent residents needing to renew or replace their green cards;
  3. Applicants for employment authorization documents;
  4. DACA applicants seeking renewals of their deferred action and EADS;
  5. U.S. citizens and permanent resident petitioning their families;
  6. Applicants for adjustment of status, and;
  7. Petitions by US employers.

While these applications and petitions may still be filed, the fact that USCIS is operating with a skeletal staff means more delays in the adjudication process. Interviews of visa applicants before immigration offices will also be delayed if not suspended during the furlough.

Senator Patrick Leahy, Vice Chair of the Senate Committee on Appropriations tweeted on August 18, 2020 that USCIS has sufficient funds to avoid furloughs. In his letter to DHS, Senator Leahy said that USCIS has consistently projected that it has a carryover balance even after this fiscal year. He asked USCIS to reconsider its decision to furlough the 13,400 employees.

If Senator Leahy’s statement is accurate, what is then the reason for this furlough? Could it just be the administration’s policy decision to suspend immigration rather than a budget issue?

(Atty. Lourdes S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law Offices and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw, or at 1-888-930-0808)

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Updates

Expanded Public Charge Rules Suspended During the Pandemic

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On July 29, 2020, U.S. District Court Judge George B. Daniels of Southern District of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Trump’s Administration’s public charge rule during the declared national health emergency in response to the COVID-19 pandemic.

The new public charge rule that took effect in February 2020 makes it harder for foreign nationals to obtain green cards or even to extend or secure non-immigrant status. It was intended to discourage immigrants from utilizing government benefits and penalizes them for receipt of financial and medical assistance.

Judge Daniels also issued a nationwide injunction barring the Department of State (DOS) from enforcing its version of the public charge rule and its attendant health insurance proclamation for visa applicants abroad.

The subsequent decisions by the Second Circuit decision in Make the Road New York v. Cucinelli on August 4, 2020, and the Fourth Circuit decision in Casa de Maryland, Inc. v. Trump on August 6, 2020, do not impact this nationwide injunction.

Judge Daniels stated in his decision that there is ample evidence to show that because of the new public charge rule immigrants who do not have the financial capacity to seek medical care are discouraged from seeking testing and treatment for COVID-19, which impedes public efforts to stop the disease from spreading. So any person who does not access health care risks everyone of us from being infected with the coronavirus. It recognizes that every member of communities in this country including immigrants are able to access necessary resources they need to keep themselves healthy and safe.

Impact of the Decision
USCIS stated that for applications and petitions that USCIS adjudicates on or after July 29, 2020, it will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129.

Moreover, applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

USCIS also indicated that it will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

Availing of the Expanded Public Benefits Without Immigration Consequences
The Administration’s new public charge rule often referred to as the wealth test was enacted and made effective in February 2020 expanded the list of programs that will be considered as public benefits. So with this ruling the expansion of the list of benefits will not apply like access to publicly provided medical programs, food and housing assistance. Just like anyone of us, we all need to be able to access life-saving healthcare, food assistance and other essential services to protect our families without fear of being separated from our families or being denied visas in the future.

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Updates

Webinar: Immigrants in the Time of Racial Unrest, Pandemic, and Trump

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WEBINAR: What challenges are facing U.S. immigrants in this time of racial unrest and global pandemic?

Pulitzer Prize winner and Immigrant Advocate Jose Antonio Vargas joins Attorney Lourdes S. Tancinco in discussing the challenges immigrants face in the current climate of racial intolerance and deadly pandemic in webinar held last August 10, hosted by PositivelyFilipino.com.

If you’re a DACA dreamer or concerned with other Trump policies (green cards issued abroad, working visas, and foreign students stranded by the virus), this webinar is for you.

WATCH IT BELOW:

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Updates

Filipinos Who Are Naturalized U.S. Citizens and Non Dual Citizens are Temporarily Not Allowed to Enter the Philippines

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San Francisco CA – Generally, Filipinos who still hold Philippine passports may enter the Philippines. Natural born Filipinos who are naturalized U.S. citizens, who are not dual citizens and who holds only U.S. passports are temporarily not allowed entry into the Philippines with the exception of certain individuals. Those exempt from this rule are : Non Filipinos married to Philippine citizens including their dependent children and foreign diplomats. This Philippine government policy is just a temporary ban implemented in view of COVID-19 pandemic.

Passengers Not Subject to the Restrictions and Who Are Arriving in the Philippines Subject to Mandatory Quarantine

All travelers to Manila will undergo the usual thermal scan upon arrival. If a passenger is showing symptoms of the COVID-19, s/he will undergo a real-time polymerase chain reaction (RT-PCR) test. Travelers whose test results are positive will be transferred to a designated hospital for further medical management.

Those who do not have symptoms will undergo a mandatory quarantine where a baseline rapid test will be conducted. While waiting for the results, passengers must stay in either a government designated quarantine facility or in a Bureau of Quarantine approved quarantine hotel for 14 days.

After quarantine is completed, individuals may go about their travel plans subject to quarantine protocols of the local government of their destination.

Filipinos who are not OFWs and Non-Filipinos will shoulder their own payment for the accommodation.

Traveling to the United States

Philippine citizens are not banned from entering the United States as long as they have valid U.S. temporary or permanent resident visas. Those who traveled internationally in the past 14 days and return to the United States, they are required to self quarantine, stay home and monitor their health.

Unless the traveler is a U.S. citizen or a permanent lawful resident (green card holder), s/he will be banned from entering the U.S. if s/he traveled from the following countries: China, Hong Kong and Macau, Iran, the UK and Ireland Schengen area which encompasses the following 26 European Countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

U.S. citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States through on of these airports:

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Fort Lauderdale-Hollywood International Airport (FLL), Florida
  • George Bush Intercontinental Airport (IAH), Texas
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia
After arriving in the United States from one of these countries, CDC recommends that travelers stay home and monitor their health for 14 days.

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law P.C. Our office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102, and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check our website at tancinco.weareph.com/old.)