Tag: immigration

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The American Dream: A Dream Worth Chasing

The American Dream - A Dream Worth Chasing
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Dear TLAW Readers,

This month, we want to explore a topic close to the hearts of many in our community: The American Dream and its meaning for immigrants.

For generations, the American Dream has been a beacon of hope, symbolizing the potential for a better life built through hard work and perseverance. Immigrants, especially those from my native Philippines (“kababayan”), have been drawn to this ideal, seeking freedom from hardship and the chance to build a brighter future.

The Evolving Dream of Our Ancestors
For our parents and grandparents, the American Dream was often rooted in escaping challenges like political turmoil, economic struggles, or social limitations. Their pursuit focused on three key areas:

  • Economic Stability: Arriving with limited resources, many immigrants took factory, farm, or labor jobs, gradually building a foundation for their families.
  • Education for the Next Generation: Though their own opportunities might have been limited, education was seen as the key to a better future for their children.
  • Community and Integration: Immigrants formed supportive communities, preserving their cultural heritage while integrating into American society.

The Modern Landscape and New Challenges
While the core elements of the American Dream remain, the context for today’s immigrants has shifted. We face both new opportunities and challenges:

  • Technology and Globalization: Many immigrants arrive with advanced skill sets, finding opportunities in tech, healthcare, and other specialized fields fueled by globalization.
  • Educational Access: While education remains critical, modern immigrants may seek advanced degrees and specialized training to compete in a globalized economy.
  • Policy and Integration: Immigration policies and societal attitudes significantly impact the immigrant experience. Legal status and social acceptance are crucial for pursuing the American Dream.

Can All Reach the Dream?
The attainability of the American Dream is a complex issue. While it remains a powerful motivator, several factors influence accessibility:

  • Economic Inequality: Rising economic inequality can make achieving financial stability and upward mobility more difficult.
  • Policy Environment: Immigration policies like visa regulations, work permits, and pathways to citizenship significantly affect integration and success.
  • Social Factors: Discrimination, access to social support systems, and the strength of community networks all play crucial roles in the immigrant experience and the ability to realize the Dream.

A Dream Worth Chasing
Despite the challenges, the American Dream remains a powerful motivator for immigrants. As an immigration attorney for over three decades, I’ve witnessed the unwavering determination of my “kababayan” to achieve a better life for themselves and their families. This is not just about
ambition; it’s about a burning desire to build a brighter future for generations to come.

The American Dream may have evolved, but the core principles of opportunity and advancement persist. We, at Tancinco Law, P.C., are committed to helping you navigate the legal landscape and move toward achieving your own unique American Dream.

Sincerely,
Atty. Lou Tancinco

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Making sense of the big immigration backlog problem

Making sense of the big immigration backlog problem
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The immigration backlog of the United States continues to rise at dizzying rates, resulting in migrants having to wait for years before getting any resolution for their cases. 

There are even stories of migrants dying before their visas, work permits, green cards, and naturalization petitions reached a resolution.

According to data tracked by the Syracuse University, unresolved cases are about to hit 2 million.  Common sense as confirmed by reporting indicates that the backlogs spiked because of the pandemic, but with the US relaxing COVID measures, the backlog continues to grow.

A factor to emphasize is that in the entirety of the US, there are only 600 immigration judges to rule on these cases. Many of these judges handle up to 4,000 cases each.

If the country had unlimited resources and law professionals, an easy solution would be to hire more judges – but that is not the case. This is why experts have been calling for prioritization: that the cases that need to be resolved more urgently.

Of the almost 2 million people waiting in the backlog, some 750,000 are asylum-seekers. These migrants are placed in a tight spot because the US only allows for 180-day work permits after the filing of an asylum petition, forcing many to work illegally.

While the government has enacted policies to help in reducing the backlog, such as making it easier for migrants with advanced STEM degrees, these have so far been insufficient.

The US needs to respond to this urgent problem as more migrants enter the country, the situation exacerbated by conflict in the Middle East and more recently in Ukraine.

To make sense of the backlog and find alternate paths to citizenship, reach out to a trusted immigration lawyer.

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G.O.P. Files Their Immigration Reform Bill “Dignity Act”

G.O.P. FILES THEIR IMMIGRATION REFORM BILL ”DIGNITY ACT”
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On February 18, 2021, more than a month from the inauguration of President-elect Biden, the U.S. Citizenship Act was introduced before the 117th Congress that proposes to establish a path to citizenship for certain undocumented individuals. More than 11 million unauthorized immigrants were hopeful and felt that finally an opportunity to legalize was on the horizon. But this bill remained at the Sub-Committee on Citizenship and Immigration without any positive development. There were attempts by Democrats to include provisions in the budget reconciliation package last year, but all were rejected by the Senate parliamentarian, and the overall plan remains in flux.

Fast forward to February 8, 2022, a freshman Republican Rep. Maria Elvira Salazar (R-Fla) introduced before the House the Dignity Act – an immigration bill that would allow millions of undocumented immigrants to receive legal protections and eventually a possible path to citizenship. Under this Act, undocumented immigrants who have lived in the U.S. for at least five years would be allowed to work legally while paying $1,000 annually into a new fund supporting job training for American workers.

After 10 years, the immigrants would be eligible for a 5-year “redemption program” requiring civics education and community service, and could be considered eligible for citizenship through existing procedures for naturalization. The DREAMERs and those in Temporary Protected Status will be able to adjust status to lawful permanent residency under this proposed bill.

While this may benefit unauthorized immigrants, there are controversial provisions that are included in the Dignity Act – it has tough enforcement provisions in terms of increasing border security. It includes making E-verify mandatory, ramping up the use of border protection technologies, hiring more personnel and restarting the construction of physical border barriers.

Interesting to note is that no Democrat had signed into this proposed legislation. It could be a starting point to open dialogue on these immigration issues again but with the controversial provisions, it may be facing opposition from the other party. Let’s see where this Dignity Act is headed, and hopefully, it is not just a political maneuvering but a good faith attempt to reach the much awaited immigration reform.

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2 Immigration Bills Benefitting Dreamers and Farm Workers Passed in the House

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The American Dream and Promise Act and the Farm Workforce Modernization Act were passed in House on March 19, 2021. These two measures need to pass the Senate before becoming law.

The American Dream and Promise Act would allow young undocumented immigrants to seek lawful permanent residency if they pass background checks and meet requirements related to education, employment or military service. Along with Dreamers, certain people with Temporary Protected Status or Deferred Enforced Departure would also be eligible. The bill passed on a 228-197 vote, with nine Republicans joining all Democrats in support. Over 2.1 million DREAMERS will benefit from this bill if passed into law.

The Farm Workforce Modernization Act was the other bill that was passed by the House. This measure would allow undocumented agricultural workers who pass background checks get temporary legal status that can be renewed indefinitely with continued farm employment. Veteran farm workers would have a path to seek lawful permanent residency. It won approval on a 247-174 vote, with 30 Republicans joining all Democrats in support.

The fact that two immigration bills passed in the House indicates that legislators are more likely to support a piecemeal approach towards immigration reform. Immigration advocates need to work together and urge their representatives in Congress to support the Citizenship Act of 2021, the bill that will, among other provisions, provide a pathway to U.S. citizenship to millions of undocumented immigrants who pass background checks and have been long time productive citizens.

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Foreign Nurses Can Help Solve US Hospital Staff Shortages During COVID And Beyond

Foreign Nurses Can Help Solve US Hospital Staff Shortages During COVID And Beyond
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Since last September, the number of hospitalized patients across the US has increased nearly every day. Since November 1, 2020, the number of people hospitalized with COVID-19 has doubled and since October 1, it has tripled. More than 1,000 hospitals in the US are “critically” short on staff. 

Nurses and other medical staff are the driving force behind the American healthcare system. To focus on nurses, America’s 3 million nurses are the largest category of workers in our healthcare workforce. And while nursing is one of our country’s fastest-growing professions, the nursing profession is not growing fast enough – according to the Bureau of Labor Statistics, in the next two years, the US will see 1.2 million vacancies for registered nurses. By 2025, the nursing shortage will be twice as bad.

So, let’s look a bit more at the shortage, how it’s affecting our fight against the Covid-19 pandemic and how immigration can help.

The US healthcare worker shortage isn’t a new problem

Even before the Covid-19 pandemic slammed global healthcare systems, the US has been desperate for more nurses. 

There is a shortage of nurses across the US and according to the American Association of Colleges of Nursing, the shortage is expected to intensify. The American workforce is rapidly aging and more and more baby boomers are retiring. One million of the 3.8 million registered nurses in the United States will leave the workforce between now and 2030. 

But why is a profession that is well-respected and pays decently struggling to keep up with demand?

Blame it on the Baby Boomers! Today, there are more Americans over the age of 65 than at any other time in US history. In the next 20 years, one in five Americans will be a senior citizen, and by 2050, there will be 88.5 million Americans over the age of 65-years-old. Among these aging Americans are nurses! Right now, approximately one million registered nurses are older than 50, meaning that we can say goodbye to these healthcare workers as they enter retirement in the next 10 to 15 years. 

The nursing education system has been struggling to keep up with the demand for new nurses. According to an American Association of Colleges of Nursing report, American nursing schools turned away 79,659 qualified applicants in 2012 simply due to lack of resources and instructors. So, as you can see, the American healthcare system was already under strain from a lack of qualified nurses.

Then the coronavirus pandemic reached our shores.

The healthcare worker shortage is impacting the COVID-19 vaccine roll-out

About a year ago, Covid-19 seemed like an issue far from America’s borders. Today, the virus has spread across the globe and more than 100 million infections have now been reported worldwide. The US has more Covid-19 cases than any other country, and our infections make up more than 25% of the total worldwide.

Since this time last year, doctors have gotten better at saving the lives of critically ill Covid-19 patients, but healthcare workers are overwhelmed and hospitals are crowded. Simply put, more than 40% of Americans live in areas where intensive care units are running out of space. These overburdened hospitals are dealing with exhausted nurses and doctors, and a shortage of experienced healthcare workers.

Right now, healthcare workers are not only responsible for sick Covid-19 patients, but also distributing vaccinations. The US vaccination campaign has gotten off to a slow start, with less than 20 million people getting their first dose by mid-January 2021. President Biden recently announced that the US will deliver enough doses to vaccinate 300 million Americans by the end of the summer or early fall, but we need trained personnel to drive what will be the largest vaccination effort in US history.

In places like Arizona — where the coronavirus is spreading faster than in almost any other state — 4 out of 5 doses haven’t been used because finding someone qualified to give the shots is difficult. Can you believe that?

As hospitals strain under the stress of the pandemic, many are wondering: how did we get here? How is it possible that US hospitals don’t have enough experienced nurses and doctors to treat Covid-19 patients and vaccinate the American public?

The good news is that the solution is simple: hire more foreign-trained nurses and other healthcare staff.

Foreign nurses are the solution to America’s healthcare woes

In the past, hospitals might have closed beds to address a shortage of nurses. During a pandemic, that option is not possible. But there’s a win-win solution – to hire nurses and other healthcare professionals from abroad.

Immigrants make up 18% of total US healthcare workers, but more specifically they are 22% of nursing assistants and 29% of physicians. Current US immigration policies have left hospitals across the country understaffed and ill-prepared to face the coronavirus pandemic. Even before Covid-19 hit our shores, we had a projected shortage of roughly 15,000 to 22,500 primary care doctors and over one million nurses.

Foreign-born doctors and nurses arrive in the US on H-1B, J-1, and EB-3 visas, but right now, denial rates for H-1B petitions have increased significantly, from 6% of applicants denied in 2015 to nearly 25% in 2020. EB-3 visas have also been down as much as 33% since 2015. These numbers are staggering when you consider that one-in-four direct-care workers are foreign-born.

These highly skilled healthcare workers are often able to immigrate to the US easily and hit the ground running at their new jobs. Legislation like the Healthcare Workforce Resilience Act (HWRA) — a bill aimed at increasing the number of available immigration spots for nurses and doctors that was introduced in May 2020 — would make it even easier for foreign nurses to immigrate to the US.

This bill was inspired by and created to face the COVID-19 pandemic, and if passed, would allow up to 25,000 immigrant visas to qualifying nurses and 15,000 immigrant visas to physicians, as well as their spouses and kids. This would be a game-changer for the current US healthcare system. For now, though, it’s been stalled.

Plus, many foreign health workers have invaluable experience dealing with infectious disease epidemics such as SARS, Ebola, or HIV in other countries and are ready and able to take jobs at American hospitals. Recently, the State Department issued guidance calling for foreign medical professionals with approved visas or certificates of eligibility for exchange visitor programs to get expedited processing to come to the US. They are especially prioritizing health care pros who have experience “working to treat or mitigate the effects of Covid-19.”

While a new regulatory landscape around immigration law might change forms, processes, and applications, one thing stays the same: the demand for skilled, experienced international nurses and others as well as an easy and streamlined way of getting them into the US.

Foreign nurses will help to alleviate our strained healthcare system, but they might need a little help getting here.

Tancinco Law helps hospitals, healthcare facilities and healthcare staffing companies bring skilled nurses and healthcare professionals into the US

As hospitals struggle to handle the most recent COVID-19 surge, hospital and other healthcare facility administrators are not only worrying about beds or ventilators in short supply but also finding enough healthcare workers to care for the sick. Fortunately, there is a highly-skilled workforce of foreign-educated doctors, nurses, and other health practitioners ready to step in and help.

It’s vital that we welcome more internationally-trained nurses to the US. In the midst of the continuing COVID-19 global pandemic, our country needs more experienced nurses than ever, and we’re working day in and day out to help build a stronger, healthier community, one nurse at a time.

Tancinco Law helps hospitals, healthcare facilities, and healthcare staffing companies manage every step of the immigration process when hiring foreign-trained nurses and other healthcare professionals. Tancinco Law was founded by Filipino immigrants, and we’ve been helping Filipinos nurses and many others immigrate to the US for decades. We are closely connected to the immigrant community, we’re experts in the healthcare visa process, and can be a true partner – not just an outside immigration law firm.
If you’re a hospital or healthcare system and you’re interested in learning more about how Tancinco Law can help you strengthen your staff, check out our website. And if you’re a healthcare professional interested in working in the US, reach out to us today!

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Event: San Francisco OFW Town Hall

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How’s the OFW Community doing in San Francisco doing?

Join the OFW Town Hall via OFW Help Facebook Live on Thursday February 18, 7PM PST (Friday, Feb 19, 11AM Manila)! We’ll see you there!

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Updates

FAQs on Trump’s Proclamation Suspending Immigration

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President Trump issued a proclamation “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” This proclamation became effective on April 23, 2020 and will expire 60 days from its effective date.

1. Who is covered by the Proclamation?
The ban applies to any individual seeking to enter the United States as an immigrant who is outside of the United States on April 23, 2020 and does not have a valid immigrant visa on the effective date, and is not in possession of a valid travel documents (such as a transportation letter, boarding foidl or advance parole document) effective on or after the date of the temporary suspension.

Those severely affected are those outside the United States who are immigrant applicants.

2. Who are exempt from the suspension of immigration?
Among others, these are the categories of individuals who are not affected by the Proclamation:

  • Those adjusting status in the United States.
  • Green card holders or immigrant visa holders at the time of the proclamation. If an individual is already in possession of an immigrant visa or green card before the Proclamation, they can still travel back to the United States.
  • Those with temporary travel documents can still enter the U.S. Examples are individuals in possession of transportation letters issued by the U.S. Embassy, re-entry permits and advance parole issued by the U.S. Citizenship and Immigration Services (USCIS)
  • Health care workers, professionals and other essential medical workers alleviating the effects of COVID-19 are exempt
  • Temporary visa holders such as tourists, student visa holders and working visa holders. They can still enter the U.S. if their visas are still valid.
  • Minor children (below 21 years old) and spouses of U.S. citizens may still continue to be processed for their immigrant visas and travel to the U.S.

3.  A tourist visa holder plans to visit his U.S. citizen parent during this pandemic, will he still be allowed to enter the United States?
Yes. As long as the tourist visa is still valid, the traveler may still enter the United States as tourist visa holders are non-immigrant visa holders that are not covered by the Proclamation.

4. Are other non-immigrant visas such as student visa holders or those with working visas still allowed to enter?
Yes. As long as the student visa and working visa holders have valid visas, they will still be considered and permitted to enter the United States. For those with working visas, considering the COVID-19 pandemic, they have to make sure that they still have jobs from their U.S. employers to avoid the technicality of having the working visa be declared void. This refers to working visas that are employer specific such as the professional H1B visas.

5. A beneficiary of an approved visa petition was issued a printed immigrant visa on his passport after an interview with the consular officer at the U.S. Embassy. He was not able to enter travel to the U.S. yet and now wants to plan on going to the U.S. He is afraid that the Trump Proclamation will apply to him and would result in his inability to travel to the U.S. Will this individual be prevented from entering the United States because of the Proclamation?
No. The Proclamation does not affect those who are in possession of immigrant visas. Although he has not received his actual green card, he is considered to have gone through a completed process for him to be considered as an immigrant visa holder, hence, he can travel to the United States.

6. If the individual who was issued an immigrant visa by the U.S. Embassy is not ready to travel to the United States during this COVID-19 pandemic, will he risk losing his immigrant visa by revocation?
No. Valid immigrant visas issued before the proclamation and that were not used for travel will not be revoked under this Proclamation. This was confirmed by the Department of States.

7. An adjustment of status applicant left the United States for a temporary visit abroad, will this adjustment applicant be able to return with his advance parole document ?
Yes. An advance parole is considered as a travel document not covered by the Proclamation, hence this individual may travel back to the U.S. using his advance parole document.

8. A lawful permanent resident plans to file a visa petition for his minor children, will he be permitted to file a visa petition with the USCIS?
Yes, lawful permanent residents may still file for visa petitions on behalf of their minor children. What the Proclamation prohibits is the issuance of visas for these individuals. The proclamation exempts only minor children and spouses of U.S. citizens.

9. A visa petition was approved for a parent of a U.S. citizen. The parent was already interviewed before the Proclamation effectivity date of April 23, 2020 but no visa has been issued yet. Can this parent follow up on the issuance of his visa and travel to the United States?
No. Clearly under the Proclamation, parents of U.S. citizens who have not been issued visas or are not in possession of visas and may not be allowed to immigrate for 60 days from April 23, 2020. They are covered by the Proclamation and are not exempt from the ban.

10. Following up on question number 9, what if the parent of a U.S. citizen has a valid tourist visa, can he travel on a tourist visa?
While tourist visas are not covered by the Proclamation, an immigrant visa applicant especially one who was already interviewed by the consular officer may risk being denied entry to the U.S. not based on the Proclamation but as an intending immigrant.

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Trump to Sign Executive Order to Suspend Immigration for 60 Days

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On Monday night, Trump tweeted that he will be signing an Executive Order that will temporarily suspend immigration to the United States. As of Tuesday, April 21, 2020, Trump said in his press conference that those affected are those seeking immigrant visas or green cards including spouses of American citizens and those entering based on employment based immigrant visas. It will not block from entering students, tourists or those on temporary work visas.

The actual Executive Order has not been released or signed as of this writing and we cannot provide you the details of this new rule. Our office will be monitoring this situation and will update you as quickly as possible on this development.

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Visas for Spouses & Minor Children of Green Card Holders Available for December 2019

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Normally, one has to be a U.S. citizen to be eligible to file a simultaneous I-130 petition and I-485 application for adjustment of status. Petitions by U.S. citizens on behalf of spouses, parents and minor children are considered as immediate relatives and visas are immediately available. In the last couple of months, the Visa Bulletin under the F2A visa category which covers petitions by green card holders for their minor children and spouses is reflecting a “current” visa availability. Filipinos who are green card holder petitioner’s in certain circumstances may also file simultaneous I-130 petition and I-485 adjustment of status under the F2A visa category.

Claire was petitioned by her mother under the F1B visa category. Her mother is a U.S. citizen who waited for more than 10 years before Claire was able to immigrate to the U.S. under the F1B visa petition. Claire has a minor child, Jason, but was not married to Nico, the father of her child.

When Claire immigrated in 2018 to the United States, she was able to take her minor child Jason with her. But Nico was left behind in Manila. Recently, Nico arrived in the United States on a student visa (F1), he is taking up Masteral Degree related to his career. Claire and Nico recently got married and Claire filed a petition for Nico under the F2A visa category (spouse of a green card holder) on December 1, 2019.

Nico regularly follows and reads the Visa Bulletin issued by the Department of State (DOS) to determine when his visa may become available. He noticed that for the months of F2A, the Final Chart on the Visa Bulletin shows that the F2A has the letter “C” on it. But the Filing Chart shows a 2009 priority date. What does the “C” status on the F2A category mean for Nico? Can Claire now file for his petition and simultaneously adjust his status?

Understanding the Two Charts on the Visa Bulletin

The monthly Department of State Visa Bulletin has two different charts. The DOS will post two charts per visa preference category. The charts are: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply).

According to the recently released November 26, 2019 policy guidance, when USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, generally, the Dates for Filing Applications chart will be used to determine when to file an adjustment of status application with USCIS. Otherwise, if the priority is current as indicated on the Application Final Action Dates chart, then the final action date chart must be used to determine when to file an adjustment of status application with USCIS.

This means that despite a cut-off date on Filing Chart (second chart), if the Final Action chart (first chart) shows a “C” or a current priority date for a visa category, the application for adjustment of status may be filed immediately for that specific month.

Going back to the case of Nico, who is the beneficiary of an F2A petition, since the Final Action chart indicates a C (or a current priority date), he may now file for an adjustment of status. This is because the C indicates that a visa is available for the month of December 2019. However, unlike immediate relative petitions of U.S. citizens, unless there is 245(i) eligibility, beneficiaries of F2A petitions must be in lawful status to be able to file for adjustment of status.

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through this website tancinco.weareph.com/old)