Tag: U.S. Citizenship and Immigration Services (USCIS)

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Trump ending WWII Filvets parole–what it means to veterans’ families

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On August 2, 2019, the U.S. Citizenship and Immigration Services announced its plan to terminate the Filipino World War II Veterans Parole Program (FWVP). This program was conceived almost 3 years ago during the Obama Administration and is set to terminate in 2021.

Will the announcement last week pre-terminate the program? What will happen to the families of Filipino veterans who have pending or approved FWVP?

Understanding the FWVP

Upon hearing the news of the USCIS plan to terminate the FWVP, several veterans’ advocates in our community were alarmed by its adverse impact on our elderly Filipino veterans and their families. Indeed, the FWVP was conceived by former President Obama as part of its 2015 Modernizing and Streamlining of the Immigration System. At the time, there was a mandate to allow certain families of Filipino veterans to enter the United States and the legal way to address this was to allow the families on urgent humanitarian reason or significant public benefit.

The FWVP program since its inception has allowed veterans and their widows to live with their families on parole status. After serving under the U.S. flag during World War II without their sacrifices recognized and their benefits granted, the elderly veterans sought to have family unity during their twilight years. Through the FWVP, sons and daughters of veterans were able to provide the much needed care for their aging parents.

No Immediate Termination of the FWVP Until Further Notice

The latest announcement of the USCIS as it is published indicates that this is a “plan” much like the announcement made a couple of months ago that ICE planned to conduct “mass raids of millions of undocumented.” What this means is that there is no immediate termination of the FWVP, so all those who are on parole status under the FWVP must not fear having to immediately leave the U.S. at the expense of abandoning their elderly veterans or veterans’ widow.

Put in the context of the DACA rescission in 2017, a change in policy may not take place immediately without violating constitutional due process. Lawsuits are still pending on DACA rescission and DACA recipients continue to receive their employment authorization document.

So unlike the rescission of the DACA program, the USCIS clearly indicated that it will allow the current FWVP parole beneficiaries to maintain their current period of parole through expiration. Also, those who have pending FWVP requests with the USCIS will be processed to completion.

Renewal of FWVP

There is no mention in the announcement that renewals or new applications may be filed. Until and unless there is a clear guidance on how renewals or new applications are processed, USCIS at its discretion should consider adjudicating these applications. At the very least, if these are not processed under FWVP, they may be filed and classified as “non-categorical” or the general grant of humanitarian parole, which may not have the same ease of USCIS approval compared with those filed under a categorical parole such as the FWVP.

The FWVP was intended for our Filipino World War II veterans, but based on our experiences at the Bayanihan Equity Center (f.k.a. Veterans Equity Center), hundreds of veterans had passed away before they were able to benefit from this program. With very few of them alive, why deprive them of the benefit of being reunited with their families? As a community, we have to continue to uphold our heroes’ dignity and not cut them down of their much needed family support.

(Atty. Lourdes S. Tancinco is veterans advocate, an immigration attorney based in San Francisco CA. She may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw, or at 1-888-930-0808)

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Effect of Shutdown On Immigration-Related Programs & Applications

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For three weeks now, a partial government shutdown is still in effect. What is the impact of this shutdown on immigration related programs?

A. Court Hearings of Non-citizens in Removal Proceedings

With 800,000 cases pending before immigration courts nationwide, the partial shutdown only worsens the backlog. At the moment, the immigration courts under the Department of Justice’s Executive Office on Immigration Review (EOIR) are not hearing cases of non-detained individuals and their hearing if scheduled during the shutdown will be reset for a later date. Individuals who are in detention will proceed with their scheduled hearings.

B. USCIS Petitions, Applications and Interviews

Most family and employment-based petitions, applications for naturalization, adjustments of status and other applications are accepted by the U.S. Citizenship and Immigration Services (USCIS). Unlike other federal agencies, USCIS is a fee-funded agency and is open for business despite the federal budget issues. It will remain open and individuals seeking immigration benefits must attend interviews and appointments as scheduled. The only programs that are suspended during the shutdown are the following:

  1. EB5 Immigrant Investor Regional Center Program;
  2. E-Verify;
  3. Conrad 30 Waiver Program for J1 medical doctors; and the
  4. Non-minister religious workers petitions.

C. Consular Processing with the National Visa Center and U.S. Embassy

Those with approved petitions and individuals whose visas are available for processing are not affected by the shutdown. The Department of State issued an announcement on December 22, 2018 stating that all visa services in the United States and at U.S. Embassies/Consulates overseas will continue during the partial shutdown.

D. Application for Temporary and Permanent Visas at the U.S. Embassy

Visa operations are fee-funded so the U.S. Embassies will continue functioning despite the shutdown. Those applying for visas and who have scheduled interviews must attend their scheduled appointments for visa issuance.

E. U.S.Passport Applications

For travelers whose passports are expiring or first time applicants, the Department of State announced that their passport offices are open to receive applications. The National Passport Information Center still accepts telephone calls and inquiries from the public.

F. ICE Enforcement and Removal

The ICE remain operational during a government shutdown. According to ICE Spokeswoman Gillian Christensen, ICE is deemed a law enforcement necessary for the safety of life and protection of property. This mean that ICE may still enforce a removal orders or may conduct raids as it deems necessary. There are 15,254 ICE employees who are working without pay because of the shutdown.

G. CBP and those Entering the U.S.

CBP agency is considered “essential” and so ports of entry will be open. CBP officers will remain on duty but will not be paid during the shutdown.

The information above is obtained from the different respective federal agencies’ public notices regarding the effect of the current shutdown. With the bi-partisan politics and opposing views on immigration, the shutdown may continue for a while. Recent studies show that majority of Americans have always been opposed to a border wall. But if the government is reopened, hopefully it will happen without a border wall funding since there is no imminent threat to national security to substantiate the significant cost being requested by President Trump.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco-based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com or facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Applicants With ‘USCIS Denials’ May Be Put In Removal Proceedings

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A person who is unlawfully present after his application, petition or request for an immigration benefit is denied may find himself in removal proceedings and eventually may possibly be deported. The U.S. Citizenship and Immigration Services (USCIS) released last week their two new policies with regard to the handling of denied applications and petitions for those seeking immigration benefits. These policy memos (PM-602-0050-1 and PM-602-0161) are referred as updated guidance to referring cases to ICE and issuance of Notices to Appear.

How are these new policy memos going to be implemented? What impact will these have on those seeking immigration benefits?

Paul entered the United States using a visitor visa. He sought an extension of his stay by filing an Application to Extend Status (I-539) because he was invited to speak in a conference on a date which was beyond his authorized stay. Paul continued to reside on a visitor visa in the U.S. even after his authorized period of stay hoping that his application will be approved and he will not lose status. Unfortunately, USCIS denied his application. Under the new policies, Paul will be put in removal proceedings because he is now in unlawful status.

Those seeking extensions of H1B visas and whose requests were denied may also suffer the same fate as Paul. Under the new policy, USCIS may issue NTAs and put those with denied petitions in removal proceedings.

There are thousands of applications and petitions filed with the USCIS by those who are present in the United States. They may be seeking to avail of some immigration benefits like an extension of non-immigrant stay, change of status, extension of working visas or adjustment of status from non-immigrant status to that of a lawful permanent resident. Most of the time these applicants, if they meet the eligibility requirements are approved and issued the requested valid status. However, with the recent policies, in the event the application or petition is denied, USCIS may issue a Notice to Appear and put the applicant in removal proceedings.

Other than cases of those unlawfully present whose application or petition are denied, the following categories of cases are also impacted by the new policies:

  • Cases where fraud or misrepresentation is substantiated and/or where an applicant abused any program related to the receipt of public benefit
  • Criminal cases where an applicant is convicted or charged with a criminal offense which is a ground of removability
  • Cases in which N400 or an Application for Naturalization is denied based on good moral ground or a criminal offense

These USCIS new policies will result in more cases being filed in removal courts. With more than 700,000 cases pending in immigration courts nationwide, additional filings of cases based on these USCIS policies will only make the backlog severe. The ICE is not the only agency involved in enforcement of immigration law. The USCIS, which used to be the agency that handles immigration benefits, has now been turned into an enforcement agency as well. With this additional role, the delay in adjudication of petitions is expected to happen impacting thousands of adjustment of status and naturalization applications.

With the ever-changing policies evolving at a very fast pace, it would be prudent for a prospective petitioner or applicant to have a serious discussion about his case with a trusted legal counsel. One must be able to assess the varying legal options that may be available to attain the same result without risking removal. Or perhaps one must have his case examined on whether it is even timely or worth pursuing an application or a petition with the USCIS. During these critical times and when it comes to immigration, there is no substitute for due diligence.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com or facebook.com/tancincolaw.)