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The 2024 Filipino American History Month at the White House

The 2024 Filipino American History Month at the White House
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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.

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Disappointments amid Hopes

Disappointments amid Hopes
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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

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Texas, 15 States challenge Keeping Families Together Program

Texas, 15 states challenge Keeping Families Together Program
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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)

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

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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.

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Keeping “Some” Families Together

Update on the PIP Program
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Eligibility Gap: New Parole in Place (PIP) Program Leaves Some Non-Citizen Spouses Behind

On June 18, 2024, President Biden announced a new program targeting spouses of U.S. citizens who are unlawfully present in the country. This development sparked excitement among many non-immigrants without legal status, who viewed it as a potential pathway to citizenship. However, after waiting two months for the regulations to be released, it became clear that the majority of beneficiaries are likely to be nationals of Western Hemisphere countries.

The most critical eligibility requirement for this Parole in Place (PIP) program is that the applicant must not have entered the U.S. with a visa. If the applicant entered with an expired non-immigrant visa, such as a visitor’s visa, and overstayed their authorized period, their PIP application will be denied. To qualify, among other requirements, the applicant must be considered an “applicant for admission,” meaning they were neither inspected nor admitted at a port of entry or border checkpoint. This applies to individuals who entered the U.S. without inspection by a CBP officer, commonly referred to as EWIs (Entered Without Inspection).

According to the Federal Register notice, an estimated 64 percent of eligible non-citizens are Mexican nationals, while 20 percent hail from Guatemala, Honduras, and El Salvador. An additional 13 percent are from other Western Hemisphere countries. This PIP process reflects the U.S. commitment to addressing migration challenges throughout the Western Hemisphere, a goal shared with its partner countries. Several nations have requested regularization for their nationals who have resided in the United States for extended periods without lawful status. For instance, the Mexican government has urged the U.S. to regularize Mexican nationals who have been long-term residents in the country.

As the Philippines is not a Western Hemisphere country, only a small percentage of spouses of Filipino descent will be eligible for this PIP program. Since the Philippines is not a border country, travelers from non-border countries require both a passport and a visa to enter the U.S. Those who entered with a visitor’s visa (even if it has since expired) and are married to U.S. citizens do not need PIP, as they can file for adjustment of status.

Nevertheless, a significant number of Filipinos remain in unlawful status despite being married to U.S. citizens without options for legalizing their stay. There are cases of those who entered with visas but they fall victim to unscrupulous travel agents who take back the passport containing their visas. These individuals, who are unlawfully present in the U.S., may not apply for adjustment of status because they lack proof of entry. USCIS categorizes these travelers as having entered unlawfully.

Another group consists of Filipino spouses of U.S. citizens who “jumped ship” as crewmembers with C1/D visas and subsequently overstayed. Since they entered with a visa, USCIS deems them ineligible for PIP.

Although the Philippines is not a border country, some Filipino travelers have entered the U.S. by first traveling to a neighboring country, such as Mexico or Canada, and then crossing the border. Those who meet these criteria may apply for PIP and, if eligible, adjust their status to permanent resident.

Eligibility Criteria

There are two categories of individuals who may apply for PIP: spouses of U.S. citizens and stepchildren of U.S. citizens.

As mentioned, the applicant must be present in the United States without admission or parole.

For spouses, the requirements include:

  1. Continuous physical presence in the United States since June 17, 2014, through the date of filing the PIP request.
  2. A legal and valid marriage to a U.S. citizen on or before June 17, 2024.
  3. No disqualifying criminal history, and not deemed a threat to public safety, national security, or border security.
  4. Submission of biometrics and undergoing the required background checks and national security/public safety vetting.

For stepchildren of U.S. citizens, the requirements include:

  1. Being under the age of 21 and unmarried on June 17, 2024.
  2. Presence in the U.S. on or before June 17, 2024 (with no 10-year physical presence requirement).
  3. A non-citizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday.
  4. No disqualifying criminal history, and not deemed a threat to public safety, national security, or border security.
  5. Submission of biometrics and undergoing required background checks and national security/public safety vetting.

Filing Process

Eligible individuals may file their PIP requests either individually or through their legal representative. All filings must be submitted online via either an attorney’s USCIS account or an individual USCIS account. The filing fee for the PIP request is $580.

Potential Legal Challenges

Similar to the Deferred Action for Childhood Arrivals (DACA) program, there may be political efforts to halt this program. As of this writing, no litigation has been filed to suspend the PIP program. If litigation does occur and a PIP request has already been accepted by USCIS, the adjudication will depend on whether the court orders a temporary suspension.

Screening for Eligibility

Some prospective applicants, including widows and individuals in removal proceedings, may also be eligible. Each case is unique, and USCIS has indicated that it will adjudicate requests on a case-by-case basis.

It is important to note that PIP is not an immigration relief program, nor is it a form of “amnesty.” This is why not all unlawfully present spouses of U.S. citizens will qualify. However, for those who do qualify, PIP could provide a pathway to filing for adjustment of status as the spouse or
stepchild of a U.S. citizen. Since not all spouses or stepchildren will be eligible for PIP, it is advisable to have one’s case analyzed by a trusted legal counsel to determine eligibility or to explore other available legal options.

(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)

Related: Parole in Place Program Update (08/26/2024)

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Unlocking Opportunities: Biden’s AI Executive Order and Employment-Based Immigration

Biden's AI Executive Order and Employment Based Immigration
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Greetings!

We’re excited to share insights into President Biden’s recent executive order on artificial intelligence and its potential to transform employment-based immigration in the United States. This executive order is not just about technology but also focuses on modernizing the Schedule A list, a pivotal move aimed at addressing labor shortages in high-demand sectors and enticing global talent to contribute to vital areas of the country.

Understanding the Impact of Biden’s AI Executive Order on Employment-Based Immigration

President Biden’s AI executive order (Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence) signifies a groundbreaking step in reshaping employment-based immigration laws. A key aspect is the directive for the Department of Labor (DOL) to issue a request for information (RFI) by December 13, inviting public and expert input on “identifying AI and other STEM-related occupations.” This process marks the first significant update to the Schedule A list since 1991, promoting transparency and engagement. At the moment, included in the list are registered nurses and physical therapists.

With this Executive Order the DOL will gather public input to identify specific AI and emerging technologies-related occupation, and other sectors, lacking sufficient U.S. workers. President Biden’s order positions the nation to adapt to economic and skill demands, ensuring relevance in the evolving job landscape.

To ensure accuracy in reflecting current labor shortages and adaptability to future market changes, the DOL is encouraged to employ comprehensive labor market analytics. This data-driven approach involves analyzing unemployment rates, employment growth, wage patterns, and job vacancy rates, fostering a responsive and dynamic Schedule A list.

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

Modernizing the Schedule A list extends beyond addressing job vacancies; it’s a strategic move to drive progress and innovation in critical sectors like STEM and healthcare. Attracting international talent to these areas solidifies the US as a hub for innovation, complementing domestic contributions and fostering economic growth.

Conclusion:

President Biden’s AI executive order marks a crucial step in reshaping the employment-based immigration landscape, offering predictability and flexibility aligned with current economic conditions. However, a comprehensive approach to modernizing employment-based immigrant visa categories is essential to prevent prolonged wait times for foreign workers. This holistic strategy ensures the United States remains a competitive destination for global talent, propelling economic growth and innovation.

Best regards,
Tancinco Law

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Biden Administration keeps the fight on for DACA

Biden Admin Keeps Fight on for DACA
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In a recent development, the Biden administration has asked a federal judge in Texas to limit the scope of any ruling that could terminate the Deferred Action for Childhood Arrivals (DACA) immigration policy. 

The administration argues that any ruling should only apply to Texas, since only that state has shown that it is harmed financially by DACA. 

The administration also asks the judge to pause any order to terminate DACA while the government appeals any ruling against the program.

The outcome of this case is uncertain, but it could have a major impact on the lives of nearly 600,000 Dreamers. 

We’re all waiting for this because a ruling against DACA would be a major setback for Dreamers and their families. 

It would force Dreamers to live in fear of deportation and would make it much more difficult for them to pursue their dreams.

If you are a Dreamer or know a Dreamer, please stay informed about this case and let your elected officials know that you support DACA. The future of Dreamers hangs in the balance.

Here are some additional details about the case:

  • The case is being brought by a coalition of Republican-led states led by Texas.
  • The coalition argues that DACA is unlawful because it was created by executive action and not by Congress.
  • The Biden administration argues that DACA is lawful and that it is in the best interests of the United States to continue the program.
  • The judge has not yet issued a ruling in the case as of May 2023

What you can do:

  • Stay informed about the case.
  • Contact your elected officials and let them know that you support DACA.
  • Donate to organizations that are working to protect Dreamers.
  • Volunteer your time to help Dreamers.

Dreamers are our neighbors, our friends, and our family members. They are an important part of our communities. 

If you or anyone you know need further help, contact a trusted immigration lawyer today.

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A crisis at the border? The end of Title 42 and what it means for you

A crisis at the border? The end of Title 42 and what it means for you
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A major immigration policy, Title 42, is set to lapse on May 11. 

It is the policy which allowed the rejection of up to hundreds of thousands of asylum seekers at the border. It was used by the Trump administration during the height of the pandemic, citing the need to stop the spread of the virus.

But it is now April 2023, and the policy is set to expire. What can we expect to happen?

Just as every time immigration policy loosens up, we can expect a downpour of asylum seekers at the border. 

This time, immigration officers cannot just simply turn them away, and so we expect the buildup of a crowd at the border – all now seeing a path towards legal migration.

Why does this matter? With the expected flood of people at the border, it means thousands if not tens of thousands of more immigration applications.

This volume can stress and even overwhelm the system at the border  and the country.

More than the logistics, whatever happens at the border usually influences public and political opinion about immigration and can affect future immigration policies. This means anyone who cares about immigration should tune in to what happens next.

The Biden administration is bracing for this by drafting new policies such as additional screening for asylum-seekers and extending more resources at the border.

Is this enough?

These are short-term solutions that, for the president, can be enough for now. How will this affect your immigration application? Consult your trusted immigration lawyer today.

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A Senate bill for Dreamers. Promising or not?

A Senate bill for Dreamers. Promising or not?
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Senators from both sides of the aisle have come together to back a Senate bill that would provide a path to citizenship for Dreamers.

The Senate bill promises a pathway to citizenship for 2 million Dreamers. At the same time the bill sets aside $25 billion to $40 billion for border security.

Wait, a bill that both helps Dreamers but pushes restrictions at the border? How did this happen?

This is primarily because of the primary proponent of the bill, Arizona’s Senator Kyrsten Sinema.

She said they needed legislation to further restrict illegal border crossings as her state suffered the most with lax regulations.

Will this pass? Sinema is optimistic in the Senate, despite the control of Democrats. The House is in a trickier situation, with more further right-wing legislators asserting control on the House floor.

As for the White House, President Joe Biden said Congress needs to pass a “comprehensive” immigration plan.

So far, President Biden has leaned into using Trump-era policies to limit illegal immigration.

Until this so-called comprehensive law is passed, Dreamers will continue to be in wait for their future.

To seek advice for Dreamers, consult a trusted immigration lawyer.