AS you may be aware, the USCIS has started implementation last June 2016 the Filipino World War II Veterans Parole Program (“FWVP”). The program allows certain family members of Filipino World War II veterans (“FWV”) who are beneficiaries of an approved I-130 Petition to apply for parole with the USCIS so they can come to the US while waiting for their immigrant visa to become available (or to become current). Information and eligibility regarding the program were discussed in my earlier articles. Below are some of the frequently asked questions about the program:
• Can I obtain a green card through the FWVP?
• No. The parole program merely allows the beneficiaries to remain in the US during the period granted. To obtain a green card, you have to apply and meet the eligibility requirements of a lawful permanent resident (LPR). The beneficiary can apply for adjustment of status once his priority date becomes current.
• How long can I stay in the US under the FWVP?
• The initial period of time allowed under the parole program is three (3) years. However, the beneficiary can apply for re-parole at least ninety (90) days before the initial period expires. Since it may take years before the visas of the beneficiaries become current, they are responsible in making sure they apply for re-parole when and as needed.
• Can I work in the US while under the FWVP?
• Yes. Once the parole application is approved, the beneficiary can apply for an employment authorization document (EAD).
• Will I be interviewed by an immigration officer?
• Yes. If the beneficiary is outside of the US, he will be interviewed by Department of State consular officer in a US Embassy or consulate abroad. If he is in the US, he will be interviewed by a USCIS officer. A medical examination and a background check are likewise required for all applicants.
• I am a derivative beneficiary. When should I apply under the FWVP?
• The petitioner who will file for the parole applications must file for all family members associated with the same underlying approved I-130 Petition at the same time.
If you are contemplating of filing any application based on this FWV parole program or any immigration petition for that matter, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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