If you are being petitioned by an American spouse, and are in the US but desperately want to go home to visit your family, or if you are a US citizen petitioning a spouse who is in the Philippines, USCIS is now “proactively” or actively going through their Filipino cases in order to expedite immediate relative petitions. In other words, USCIS is saying that you do not have to “request” expedited processing; they are “proactively” doing it themselves.
IN a previous article, I discussed certain immigration relief measures that may be available to Filipinos affected by Typhoon Yolanda, if requested.
– Among the relief measures listed by the USCIS are for Filipinos who are IN THE US, but were truly affected by the Typhoon:
– Change or extension of nonimmigrant status, even if the change\extension is filed past the deadline.
– Extension of certain grants of parole, such as humanitarian parole, parole in place, or advance parole.
– Expedited processing of work authorizations, where appropriate.
– Expedited processing of immigrant petitions for immediate relatives of US citizens and lawful permanent residents (LPRs).
Recently, the USCIS updated its webpage, stating that, “USCIS has proactively identified and is expediting pending I – 130, Petition for Alien Relative, forms that had been filed by US citizens for their Filipino immediate relatives”. Thus, if you are being petitioned by an American spouse, and are in the US but desperately want to go home to visit your family, or if you are a US citizen petitioning a spouse who is in the Philippines, USCIS is now “proactively” or actively going through their Filipino cases in order to expedite immediate relative petitions. In other words, USCIS is saying that you do not have to “request” expedited processing; they are “proactively” doing it themselves.
This relief measure may also be helpful for petitions by green card holders of their spouse or minor children, where the priority date is now only a few months away. A petition by a green card holder spouse is almost like being petitioned by a citizen, in terms of the waiting time.
If you truly were affected by Typhoon Yolanda, and are in need of the available immigration relief measures, you should seek the advice of an attorney, who can determine your eligibility and whether if it is “safe” for you to apply, and assist in the possible expedited processing of those relief measures. .
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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