BY News Release on November 15, 2013, the US Citizenship and Immigration Services (USCIS) of the US Department of Homeland Security reminded “Filipino nationals that they may be eligible for certain immigration relief measures if requested.”
But the reminder refers only to Filipino nationals impacted by Typhoon Haiyan (named “Yolanda” by Philippine authorities) because “USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status in the United States.”
Immigration relief measures for Filipinos impacted by ‘Yolanda’
USCIS enumerated the immigration relief measures that Filipino nationals impacted by Typhoon Haiyan may be eligible to benefit from as follows:
1. Change or extension of nonimmigrant status for an individual in the United States, even if the request is filed after the authorized period of admission has expired, provided that there is a showing that the following out of status is “ directly connected to the disaster”;
2. Extension of certain grants of parole made by USCIS;
3. Extension of certain grants of advance parole, and expedited processing of advance parole request;
4. Expedited adjudication and approval where possible, of request for off-campus employment authorization for F-1 students experiencing severe economic hardship due to the typhoon disaster;
5. Expedited processing of immigrant petition for immediate relatives of US citizens and lawful permanent residents (LPRs);
6. Expedited adjudication of employment authorization application, where appropriate; and
7. Assistance To LPR’s stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards); USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Reliefs for other special situations
Due to natural catastrophes and other extreme situations, impacted Filipino nationals, as
well as other nationals may apply for relief for such other special situations, as follows;
1. Request for fee waiver by filing Form I-912, Request for Fee Waiver, or a written request if unable to pay the fee;
2. Showing of how the catastrophe affected the applicant’s connection to USCIS and his/her inability to appear for an interview or to respond to a Request For Evidence by submitting required documents; and
3. Request for service of benefit to be considered more quickly by expedited processing when filing or after filing.
Proposal for temporary protected status (tps) for Philippines
New York Senator Charles E. Schumer has proposed that the Obama Administration, through the Attorney General, grant Temporary Protected Status (TPS) to nationals of the Philippines because of the disaster from Super Typhoon Haiyan.
Indeed, INA § 244 establishes a temporary safe haven in the United States for nationals of foreign state granted TPS status, such as Salvadorians, Guatemalians, Honduras, Nicaraguans, Haitians, Somalian, Sudanese, and Syrians.
A person may be granted TPS for 6 to 18 months, which may be extended. He/she shall be granted employment authorization for the TPS period or one year, and thereafter for extension of TPS. He/she cannot be removed during the TPS period.
He/she may travel abroad with permission (Form I-131), but may be subject to the 3/10 year bars for overstaying.
Grant of TPS does not waive nor nullify the person’s inadmissibility nor removability. He/she may adjust or change status unless he/she was out of status before the TPS grant.
He/she may apply for asylum as well as cancellation of removal once the TPS status expires, but may not be granted Social Security benefits because of not being a permanent resident.
We welcome the grant of TPS status to Filipino nationals.
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The Author, Roman P. Mosqueda, has practiced immigration law for more than 20 years, and is a long-standing member of AILA. Send e-mail to [email protected] or call (213) 252-9481 for a free initial and confidential consultation, or visit his website at www.mosquedalaw.com or www.EzineArticles.com to read his other articles.
