(Part 2)
IN an earlier article, I discussed about the Filipino World War II Veterans Parole Program (“FWVP”). The FWVP allows certain family members of Filipino World War II veterans (“FWV”) 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).
On 6/8/2016, the USCIS issued additional guidelines regarding the implementation of the Parole Program. Under the said guidelines, the following are eligible to apply for parole:
• A Filipino War II veteran (“FWV”) can apply for any beneficiary in his approved I-130 Petition, as long as their relationship with him existed on or before 5/9/2016.
• If the FWW is deceased, his surviving spouse can file for parole for any beneficiary of FWV’s I-130 Petition provided: (1) the qualifying relationship between the FWV and the surviving spouse with the beneficiary existed before 5/9/2016; (2) the I-130 Petition was approved before the FWV died and then reinstated, or the I-130 Petition was not approved before the FWV died but at least one of the beneficiaries was living in the US at the time of death of the FWV, and is still living in the US, and that the I-130 Petition has been approved.
• If both the FWV and his spouse are deceased, the son, daughter, brother or sister of the deceased FWV and their qualifying derivatives can apply for parole on their own provided the requirement under the immediately succeeding paragraph are complied with; and the FWV was residing in the US at the time of his death.
The guidelines also pointed out that while the FWVP is intended for family members outside of the US, certain relatives of the FWV can benefit from the program. However, the relative of the FWV will have to leave the US to be interviewed in a US Embassy abroad, which can mean serious immigration consequences on the relative, depending on the latter’s status in the US. As an alternative, the relative can apply for parole in place program which is available for spouses, children, and parent of current or former members of the US armed forces.
Petitioners are required to file the FWVP applications for all family members associated with the same underlying approved I-130 Petition at the same time. If the parole application is approved, the beneficiary will be allowed to remain in the US for the authorized period (usually three [3] years) and can apply for work authorization. However, the parole does not make the beneficiary automatically qualified for legal permanent resident (LPR) status. He must apply and be qualified for LPR status later on.
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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