THE US Citizenship and Immigration Service (USCIS) provided an early holiday gift this year for immigrants by making two separate important announcements: 1) Immediate relatives of US service members in the US illegally will be allowed to stay, and in some cases, apply for permanent residence; and 2) Filipinos in the US may be eligible for certain immigration relief measures due to Typhoon Haiyan.
Finally, relief for military families
Sensing the dimming prospects for Immigration Reform in 2013, the Obama Administration has acted to provide immediate support to military families. USCIS’ nine-page Policy Memorandum, issued November 15, clarifies existing policy, permitting immigration officers to “parole in place” immigrant spouses, children and parents of US service members, reservists and veterans. They will be eligible for work permits, and, in some cases, adjustment of status. Granted under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), parole in place will be authorized in one-year increments, with extensions available as appropriate.
The release of the Policy Memorandum follows several years of internal debates within USCIS over how to deal with soldiers with relatives who could be subjected to deportation, particularly during their deployment. The intention is that service members can go about their duties without the uncertainty of the immigration status of their family members.
Requests for parole in place will be reviewed on a case-by-case basis by USCIS, and may not be granted where criminal convictions or other “serious adverse factors” are present. Furthermore, while parole in place will make someone temporarily “legally present” in the US for one year at a time by erasing unlawful-status ineligibilities under INA Section 212(a)(6)(A)(i), it will only help them adjust status if they maintained a lawful status prior to the grant of parole, are adjusting status as an immediate relative or fall within a designated exemption.
Immigration relief measures for Filipino nationals affected by Typhoon Haiyan
On a completely different note, USCIS announced last week that Filipinos–including those inside the US–may benefit from a number of immigration relief measures in the aftermath of the horrible tragedy caused by Typhoon Haiyan. Recognizing that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status in the US, USCIS stated that the following measures may be available:
– Change or extension of status for someone in the US, even if filed after falling out of status;
– Extension and expedited processing of parole and advance parole requests;
– Expedited processing of immigrant petitions for immediate relatives of US citizens and lawful permanent residents (LPRs);
– Expedited processing of Work Authorization, including for certain F-1 students, where appropriate; and
– Assistance to LPRs stranded overseas without immigration documents, such as their Green Card.
The announcement of the above measures by the Immigration Service may assist those suffering from and/or affected by the typhoon. The measures may permit work, expedited travel, or reunification of family to assist in relief efforts. It is hoped that some of the possible immigration processing-related hardship may be alleviated.
The two recent USCIS announcements discussed in this article come as a welcome relief for qualifying Military Families and individuals affected by Typhoon Haiyan. For information on whether a person qualifies under the new measures, seek the advice of an experienced Immigration Attorney that will devote personal attention to your family’s case.
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Atty. Khurgel is a former USCIS and Department of State Embassy Officer with over ten years of government service and private immigration practice experience. His offices are located in Irvine, California.
