President Obama’s ‘modernizing and streamlining our legal immigration system for the 21st century’

AS part of President Obama’s continuing executive actions on immigration, the White House issued last July 2015 a report called “Modernizing and Streamlining Our Legal Immigration System for the 21st century” (the “Report”). This report was issued pursuant to the 11/21/2014 Presidential Memorandum which directed heads of the executive departments to develop recommendations to improve the current immigration system.

The Report’s recommendations are divided into three (3) categories: (1) “Modernizing Our System for Efficiency and Accessibility”; (2) Streamlining Our Legal Immigration System”; and (3) “Strengthening Our Humanitarian System”. Some of the notable recommendations are as follows:

• Parole for Certain Family Members of Filipino Veterans Noting the contributions of the 260,000 Filipinos soldiers in the US Armed Forces and the guerilla fighters during the Imperial Japanese occupation of the Philippines during World War II, the Report stated that the Department of Homeland Security (DHS) will create a parole program which will “allow certain family members of Filipino-American veterans to request parole to come to the United States to provide support and care to their Filipino veteran family members who are U.S. citizens or LPRs.” It is estimated that there are approximately 6,000 Filipino American World War II veterans still alive in the US. In this connection, the USCIS on 10/2/2015 issued an advisory that it is in the process of creating the parole program but informed the public that no applications are being accepted as of this time.

• Work Authorization for Battered Spouses. The DHS will publish final guidance so self-petitioners of Violence against Women Act (VAWA) applications and certain nonimmigrant battered spouses can receive work authorization.

• Children Who Age Out. The DHS will issue guidance to clarify “the basis under which extraordinary circumstances may exist and provide non-exhaustive examples” in the event certain beneficiaries under the Child Status Protection Act (CSPA) fail to seek to acquire LPR status within one (1) year of visa availability due to circumstances beyond their control.

In succeeding articles, additional immigration recommendations contained in the Report will be discussed.

If you are contemplating of filing any other immigrant or non-immigration application, 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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