STARTING June 8, certain family members of Filipino World War II veterans (“FWV”) and who are beneficiaries of approved I-130 petitions can 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). This is pursuant to the July 2015 White House announcement, Modernizing and Streamlining Our Legal Immigration System for the 21st Century, meant to assist around 2,000-6,000 FWV who are currently living in the US. Allowing their family members to come to the US on parole means these family members can provide support and care to the ageing FWV.
Under the program, the applicant/s can apply for parole provided:
• They are beneficiaries of an approved Petition for Alien Relative (I-130), including any accompanying or following-to-join spouse and children. The I-130 petition must be approved on or before filing for the parole request,
• The applicant/s’ qualifying relationship with the petitioning relative existed on or before May 9, 2016;
• The petitioning relative is residing in the United States (or, if deceased, was residing in the United States at the time of death);
• The applicant’s immigrant visas are not authorized for issuance per the Application Final Action Dates chart for family-sponsored preference cases on the Department of State’s Visa Bulletin; and
• The petitioning relatives have established they are either FWV or are the surviving spouses of such individuals.
In short, the petitioner can be the FWV himself of his surviving spouse. If the petitioning relative is the FWV and is living in the US, the beneficiaries can include family members under any family-sponsored preference category (e.g., unmarried or married sons and daughters of US citizens, brothers and sisters of US citizens, spouses and children of permanent residents). Immediate relatives of US citizens are not included in this parole program because immigrant visas are already immediately available to them. On the other hand, if the petitioning relative is the surviving spouse of the FWV, the parole applicant can only be the child, son or daughter of the surviving spouse and that of the FWV.
If the petitioning relative is deceased, the eligible beneficiary can apply for parole on their own behalf provided the I-130 petition has been reinstated by the USCIS for humanitarian reasons. If the I-130 petition is reinstated, the applicant must prove his qualifying relationship with the veteran or the latter’s spouse; and the FWV’s World War II qualifying military service.
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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