From June 8, 2016, some Filipino family members can apply for parole into the U.S. to wait for their immigrant visas to become available. The program is the Filipino World War II Veterans Parole (FWVP) policy. U.S. Citizen and Immigration Services (USCIS) announced details in May 2016. The government believes 2,000 to 6,000 Filipino American World War II veterans are still alive and residing in the U.S. today, and many would like their relatives to be with them in their last years.
Here are some Questions and Answers on this program:
- Does this mean a visa is available? No, this program does not grant a visa. It grants parole into the U.S., which allows the Filipino national to enter the U.S. legally but does not grant a green card or permanent visa.
- Who is eligible? You must meet these requirements: (a) Have an approved I-130, Petition for Alien Relative. Relatives such as spouses and minor children of the Filipino national can be included; (b) The petitioning relative must reside in the U.S. That’s the elderly veteran or surviving spouse. (c) Your immigrant visa is not yet available – check the Visa Bulletin . (d) The petitioner must be a Filipino World War II veteran or surviving spouse. The government will check to make sure.
- Why is the government doing this? It can take over 20 years for a visa to become available for some adult relatives of petitioning veterans. The goal of the program is to allow veterans to have their eligible family members in the U.S. with them in their final years, and even to help with their care if appropriate.
- What if my veteran relative has died? You may still be eligible if your relative was residing in the U.S. at the time of death. If the petitioner died, you will also need to request humanitarian reinstatement. Read this post for details.
- What if my veteran relative returned to the Philippines to live? It appears you will not be eligible because the goal of the program is to allow the Filipino beneficiary (adult child or sibling and family) to go to the U.S. to be with the elderly veteran in his final years.
- How do you apply? After June 8, the U.S. veteran petitioner or surviving spouse, or the Filipino national in some circumstances, can file an I-131 Application for Travel Document with USCIS. The Filipino national will be interviewed by USCIS or the State Department at the consulate and also upon entry to the U.S.
- What’s the filing fee? The normal I-131 filing fee is $360 plus a $85 biometrics fee in some cases. You can apply for a fee waiver.
- Is this a work permit? Updated on June 1: If you are approved for parole, you can apply for a work permit known as an Employment Authorization Document or EAD once you get to the U.S. There is a separate fee of $380 to apply for an EAD.
- How do I get a green card under this program? This program does not grant a green card or legal permanent residence (LPR) status. When a visa becomes available in your category, you can apply to adjust status to get become an LPR while remaining in the U.S.
- How long will this program last? USCIS recommends you apply within 5 years and will review whether to extend the program at that time.
Remember that each case will be reviewed individually; approval is not automatic. And since this is the government, applications will not be approved overnight. I hope they process them quickly since the veterans are all elderly. For more information go to this page on the government’s site. And always remember: Don’t fall for scams! If someone says they can get you into the U.S. immediately, it’s probably not true. Don’t waste your money.
To schedule an initial consultation for an opinion on your case, email Attorney Keir at ida@idakeirlaw.com . There is a fee.
