“It is important to note that the above requirements are preliminary requirements for eligibility under FWVP.”    

UNDER the Filipino World War II Veterans Parole (FWVP) policy, USCIS allows certain beneficiaries of approved family-based immigrant visa petitions to request a grant of parole so that they may come to the U.S. as they wait for their priority date to become current.  The policy recognizes the contributions of Filipino veterans who served in World War II, and allows relatives of such elderly Filipino veterans and their spouses to come to the U.S. to provide care and support for them.

USCIS considers requests for FWVP parole submitted for certain relatives who are the beneficiaries of approved family-based immigrant visa petitions filed by Filipino veterans or their surviving spouses.  If the request for parole is approved, the beneficiary and his/her immediate family would be allowed to come to the U.S. and live in the U.S. while waiting for their priority date to become current, at which point they would be allowed to adjust to permanent resident status.

Those who may request parole under FWVP are persons 1) who are the beneficiaries of an approved I-130 Petition (including spouse and children); 2) whose petitioning relative is residing in the U.S. (or if deceased, was residing in the U.S. at the time of death); 3) who are waiting for their priority date to become current under the Department of State’s visa bulletin; and 4) whose petitioning relatives have established they are either Filipino World War II Veterans or are the surviving spouse.

Under FWVP, the Filipino World War II veteran must have served in World War II as a member of the Philippine Army, a recognized guerilla unit, the Philippines Scouts, or within any other component of the U.S. Armed Forces of the Far East (USAFFE).  USCIS will review government records to verify the Filipino World War II veteran’s military service.  The petitioner who requested parole for his relative beneficiary under FWVP will be provided an opportunity to establish the World War II service if it cannot be found in government records.

When the petitioning relative in the U.S. is the Filipino World War II veteran, individuals who obtain parole under FWVP include beneficiaries under any family-sponsored preference category.  When the petitioning relative in the U.S. is the surviving spouse of a Filipino World War II veteran, only individuals who are the child, son, or daughter of the surviving spouse who is also the child, son, or daughter of the Filipino World War II veteran can seek parole under FWVP.

In cases where the petitioning relative is deceased, a beneficiary may seek parole under FWVP but first must seek humanitarian reinstatement of the approved I-130 filed on the beneficiary’s behalf.  Once the I-130 is reinstated, the beneficiary may seek parole under FWVP.

It is important to note that the above requirements are preliminary requirements for eligibility under FWVP.  The grant of parole by USCIS under FWVP is made on a discretionary, case-by-case basis.  In addition, following the first 4 years of FWVP’s implementation, USCIS will evaluate whether FWVP should be phased out at the end of 5 years.  It is accordingly recommended that you promptly seek the advice and assistance of an experienced attorney, who can confirm eligibility and present facts in support of the favorable exercise of discretion by USCIS in granting the parole request.

* * *

Darrick V. Tan, Esq. is admitted to practice law in California and Nevada.  Mr. Tan is a graduate of UCLA and Southwestern University School of Law.  He is a member of the Consumers Attorney Association of Los Angeles and is a former member of the Board of Governors of the Philipp ine American Bar Association.

* * *

LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010.  Tel:  (323) 639-0277.  Email: info@dtanlaw.com.

       

No Comments Yet

Leave a Reply

Your email address will not be published.