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Home Immigration Atty. Kelly O'Reilly Pinoy and immigration prejudice

Pinoy and immigration prejudice

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Pinoy and immigration prejudice
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GROWING up I loved to read the newspaper as it was something my father taught me from the age of eight. As I read the paper each day, usually the sports first, he would inquire about what I read and what my thoughts were concerning the various subjects covered. I would do my best to articulate my view and hope that it was satisfactory. Consistently, at the end of my presentation, my father would ask, "What is the opposing or contrary view?"

In the beginning such an inquiry would catch me off guard and I would have to go back and reread the paper in order to learn what the opposition view was or how others perceived the issue. Soon, however, I knew that question was coming and I would prepare my own opinion as well as arming myself with the contrary view. This training has served me well as I have grown up. I have learned that it is important to understand where others are coming from, what biases or preference if any, they might have and whether or not they will accept certain things. This perspective has helped me to prepare for the many challenges of my life and I believe this same perspective is a crucial when dealing with the with the Immigration Service.

The Immigration Service in Southern California has a long history with Pinoy immigration and as a result they have built up a certain bias, prejudice and expectation that in many cases negatively impacts Filipinos when they apply for immigration benefits. I know this because I spent time as an Officer with the Immigration Service and for the last ten-years I have represented Pinoys in all facets of immigration. This experience has taught me that just like my father instructed, it is important for our Filipino friends to understand what they are facing at the Immigration Service, what the opposition’s view is so that they can properly prepare.

Marriage cases

In almost all marriage based cases involving Filipinos the Immigration Service starts from the perspective that fraud is not only possible but probable. I know this sounds harsh but it is true. Over the years I have heard comments, jokes and discussions among the officers expressing their pre-judgment that Pinoy marriages are just for a green card. These opinions are formed even before the personal interview begins. Granted, in a few cases this has been true but overwhelmingly it is a false presumption and yet as a result all Pinoy cases receive extraordinary attention and scrutiny.

"The Filipino Merry-Go-Round" is a common insider phrase used by the Immigration Service when reviewing a marriage based application for permanent residency and the beneficiary has been previously married and has children in the Philippines. The belief is once the beneficiary receives her green card he or she will divorce the US citizen and remarry the spouse left in the Philippines and then petition for them to come to the US. Officers in such a scenario will be extra aggressive in interviewing such a beneficiary to insure the "Merry-Go-Round does not happen. If you fall in this category you must properly prepare to answer the barrage of questions likely to come your way.



 

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