OVERVIEW AND QUALIFICATIONS

The Filipino World War II Veterans Parole Program

CHUGH, LLP

(562) 299-1220

LOS ANGELES COUNTY

A program of the U.S. Citizenship and Immigration Services (USCIS)Of the Department of Homeland Security (DHS)

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DID YOU KNOW?

For decades, the U.S. Government has been working toward a viable

solution that would help the U.S. live up to its agreement made with aging

Filipino veterans who fought alongside American soldiers in World War II,

when the Philippines was an American territory.

In recognition of the extraordinary contributions and sacrifices of these

veterans, the U.S. is now allowing certain family members of Filipino and

Filipino-American WWII veterans to receive parole into the U.S.

The program will enable these eligible family members to provide support

and care to their aging family members who are U.S. citizens or lawful

permanent residents.

Effective June 8, 2016, the U.S. Government will start

accepting applications to consider individual requests

for parole submitted for certain relatives of Filipino

World War II Veterans who are the beneficiaries of

approved family-based immigrant visa petitions.

What is the Filipino World War II Veterans Parole Program (FWVP)?

How does this mean for my sponsored relative?According to USCIS, an estimated 2,000 to 6,000 Filipino-American WWII

veterans are living in the U.S. with numbers dwindling everyday. Many may have

sponsored their relatives to come to the U.S.

However, (with the exception of immediate relatives of U.S. citizens), the number

of family-sponsored immigrant visas available by country of origin in any given

year is limited by statute in the U.S. These limits result in long waiting periods

before family members may join the petitioning U.S. citizens or permanent

residents in the U.S. and become permanent residents themselves. For some

Filipino-American families, this wait can exceed 20 years.

With this concern, USCIS has permitted certain family members to be eligible to

receive a discretionary grant of parole to come to the U.S. before their visa

becomes available, alleviating some of this separation and to reconnect these

family ties, especially in light of these aging veteran relatives. Once paroled,

these family members may apply for work authorization and once their visa

becomes available, may apply for a green card.

What is Parole?

Parole, as provided for under the Immigration and Nationality Act

(INA) gives the U.S. Department of Homeland Security (DHS)

discretion (on a case-by-case basis) to….

• Permit individuals to come to the U.S. for a temporary period of time based

upon urgent humanitarian reasons or for significant public benefit

(generally 3 years under this program)

• Once you are paroled into the United States under the FWVP

Program, you will be eligible to apply for work authorization from

USCIS.

• Requests for re-parole should be made 90 days before expiration.

• Note: Parole does not give the individual any permanent right to

remain in the U.S. But under this program you will be expected to

apply for your green card once your visa becomes available.

When Can a Request Be Made?

Applications will be accepted by USCIS starting June 8, 2016.

The U.S. Government strongly encourages eligible individuals

interested in requesting parole under the FWVP Program do so within

5 years.

It may take approximately 6 months to process the application to the

issuance of the travel document. Therefore, if you believe you qualify,

time is of the essence.

I am a veteran or surviving spouse.

Do I qualify for this program?

1. You must be a U.S. citizen or Legal Permanent Resident living in the U.S.

2. You have established that you are either a Filipino WWII veteran (as defined by the U.S. Government) or are the Surviving Spouse of such individual;

3. You, the Filipino WWII veteran or surviving spouse, filed a Form I-130, Petition for Alien Relative, for a family member and it was approved on or before the date you filed the request for parole; and

4. An immigrant visa is not yet available for your relative (son or daughter and their spouses, and their unmarried children under 21; and your brother and sister and their spouse, and their unmarried children under 21.) Note: If you are a surviving spouse who petitioned, then the relatives are limited to your veteran spouse’s sons and daughters, including their spouses and their unmarried children under 21).

I was currently sponsored by a veteran and his

spouse. However, they are both deceased, can I

still request parole to the U.S.?

In certain circumstances, a self-petitioner can request parole on their own behalf. In such cases, the self-petitioner must establish all of the following:

1. You are the son, daughter, brother or sister of the deceased Filipino veteran, and that relationship existed on or before May 9, 2016;

2. The deceased Filipino veteran had qualifying WWII military service, as defined by the U.S. Government, and was living in America at the time of death; and

3. The Filipino veteran's spouse is also deceased.

You must be the principal beneficiary and USCIS must have reinstated the approval of the petition after the death(s);

Additionally one of these scenarios must apply…

SCENARIO 1: The petitioning Filipino WWII veteran or spouse was alive during the I-130 approval, but died after.

If at least one (1) beneficiary was living in the U.S. at the time of the death(s) and still lives in the U.S., and USCIS approved the Form I-130 after it was reinstated.

SCENARIO 2: The petitioning Filipino WWII veteran or spouse died before the I-130 approval…

I was currently sponsored by a veteran and his

spouse. However, they are both deceased, can I

still request parole to the U.S.?

According to USCIS, participation in the FWVP Program is not available to people who qualify as immediate relatives, since they may immediately seek immigrant visas for travel to the United States once their Forms I-130 are approved.

Immediate relatives include: Spouses of U.S. citizens; Unmarried children under 21 years of age of U.S. citizens; and Parents of U.S. citizens over 21 years of age.

Note: If you are the beneficiary of an approved Form I-130, you live outside the U.S., and your petitioner in the U.S. is still living, you cannot request parole for yourself or your family members under the FWVP Program. The U.S.-based petitioner must file on your behalf.

Who is Not Eligible!

While the program is intended for family members outside of the U.S., certain relatives in U.S. may be able to benefit from the program. Please note, if the parole application is conditionally approved, your relative will need to depart the U.S. and appear abroad at a USCIS office or at the U.S. Embassy or Consulate to be interviewed by a USCIS or Department of State officer.

If found eligible to travel, your relative will be issued a travel document to allow your relative to travel to the United States and request parole from a U.S. Customs and Border Protection (CBP) officer at a port of entry. CBP will review the documents and, assuming all is in order, parole your relative into the United States. If not found eligible to travel, we will send a written notification to the FWVP Program petitioner.

Depending on an individual’s status in the U.S., a departure from the U.S. can come with serious immigration consequences. Before pursuing this option, individuals are encouraged to consult with an accredited immigration attorney on the potential risks and benefits of this option.

A note to Filipino family members

already in the U.S.

The Application Process

File a Form I-131 (Application for Travel Document) for each eligible family member

Include a photocopy of your Form I-797, Notice of Action, Form I-130 approval notice, a printout from Case Status Online which shows the approval of an Form I-130, or other evidence of your Form I-130 approval; and

Include the applicable fee or fee waiver request Complete a Form I-134 (Affidavit of Support) for

each family member Include evidence you are Filipino WWII veteran

(under section 405 of IMMACT’90, as amended by Section 112 of Department of Justice Appropriations Act, 1998) or a spouse of such individual. If you are a self-petitioner, include evidence that you are the son, daughter, brother or sister of the deceased Filipino veteran, and that relationship existed on or before May 9, 2016; that the deceased Filipino veteran had qualifying WWII military service, as noted above, and was living in the U.S. at the time of death, and

FILE THE REQUEST FOR PAROLE WITH USCIS IN THE U.S.

The NVC will transfer your case to the USCIS office or U.S. Embassy or Consulate abroad where your beneficiary relative will be interviewed. Your relative will need be abroad to attend this interview and bring all relevant documentation. Additionally, they will have to have passed criminal, national security checks, pass a medical exam and warrant a favorable exercise of discretion. Ultimate approval of the request will be done by the consulate.

UPON CONDITIONAL APPROVAL, IT WILL BE SENT TO THE NATIONAL VISA CENTER (NVC)

At the U.S. Port of Entry, Customs (CBP) will review and parole request. If everything is in order, they will issue

an I-94 reflecting entry in to the U.S. for 3 years.

Thank you for viewing our presentation! Salamat!

About Chugh, LLP: Our mission is to provide the best integrated legal and tax solutions worldwide. We pride ourselves in our accessibility, efficiency and superior client service. Our team of dedicated legal professionals have an intricate understanding of the complexities of our client’s needs. Our firm regularly assists our clients on immigration issues including employment-based and immigrant-based petitions. Our headquarters is in Southern California, but we have 5 offices in the U.S. and have a network of legal professionals in India and Mexico.

Feel free to contact us with any inquiries regarding this presentation. We hope we can direct you on the right path.

Chugh, LLP(562) 299-1220

15925 Carmenita Road Cerritos ,CA 90703 USA

chugh.com

For more information from USCIS, please visit their site https://www.uscis.gov/fwvp.