Instructions and Requirements for the Filipino World War II Veterans Parole (FWVP) Program
Last updated 6/1/2016 407pCT. Please return to this page for later updates.
Simple Description of the FWVP Program:
The government estimates that there are between 2,000 and 6,000 Filipino WWII veterans living in the United States. These veterans are either U.S. citizens or Permanent Residents (“green cards”). Some of these veterans may have filed a family petition (I-130) with USCIS that placed one or more of their relatives on a waiting list to later immigrate to the United States. In some relative categories, that wait can be more twenty years.
The FWVP Program gives some of these long-waiting relatives, and maybe their dependents, an opportunity to be "paroled" into the United States where they can live while waiting for U.S. Permanent Resident status.
The FWVP Program gives some of these long-waiting relatives, and maybe their dependents, an opportunity to be "paroled" into the United States where they can live while waiting for U.S. Permanent Resident status.
In some cases, the FWVP Program may be used even if the petitioning veteran is deceased, and also in cases where the actual petitioner was the spouse of the WWII veteran.
Example: Mr. Lozada is
a recognized WWII veteran of the Philippine Army. He and his wife moved to the United States and later became U.S.
Citizens. In 2000, Mr. Lozada filed a petition
(I-130) for his married son Peter. Because of the long immigrant visa waiting lists, Peter expects to keep waiting in the Philippines for another 5 to 10 years. However, under the FWVP Program, Peter and the wife of Peter may now live in the United States while waiting the many years to become U.S. Permanent Residents.
Parole Program Highlights:
-Petitioner must be a Filipino WWII Veteran, or the
surviving spouse of the veteran.
-Petitioner can be a U.S. Citizen or a U.S. Permanent Resident.
-The Petitioner must be residing in the United States.
-Petitioner can be a U.S. Citizen or a U.S. Permanent Resident.
-The Petitioner must be residing in the United States.
-The Petition must be approved.
-The Petitioner must apply for the Beneficiary's “parole” into the United States.
-In some cases, the spouse and children will be given parole with the Petition Beneficiary.
-Applications will be accepted beginning June 8, 2016.
-Applicants must prove the WWII Veteran status of the petitioner.
-Applicants will file the I-131 (parole request) and I-134 (Affidavit of Support).
-The current fee is $360, probably increasing to $575 in Fall, 2016.
-All applicants for parole will be interviewed by USCIS or the Department of State.
-Parole is given on a case by case basis for urgent humanitarian
reasons or as a significant public benefit.
-The Program may be ended on June 7, 2021.
Parole Program Details:
The FWVP Program allows for the early entry of family member
beneficiaries of Relative Petitions (I-130s) filed by Filipino WWII veterans or
their surviving spouses.
Forms
“Parole”
Approved relatives under the FWVP Program will come and stay
in the United States under “parole”.
Parole is an unusual concept that allows a person to be physically present in the United States without being legally “admitted”. Parole is not a nonimmigrant status,
such as a B (visitor), H (worker) or F (student), yet a person with parole may
also apply for work authorization.
FWVP will be valid for three years, and will be renewable while in the United States.
FWVP will be valid for three years, and will be renewable while in the United States.
When Petitioner is the WWII Vet -- Qualifying Relative Petition Categories:
The relative petition filed by the veteran must be in one of these immigrant categories:
-1st Preference (FB-1)- Unmarried sons and
daughters of U.S. Citizens.
-2nd Preference (FB-2A)- Spouse or unmarried
children under 21 of Permanent Residents.
-2nd Preference (FB-2B)- Unmarried sons and
daughters of Permanent Residents.
-3rd Preference (FB-3)- Married sons and
daughters of U.S. Citizens.
-4th Preference (FB-4)- Brothers and sisters of
U.S. Citizens.
Most of the beneficiaries who may benefit from the FWVP
Program are in the FB-3 and FB-4 categories, where the wait for an immigrant
visa exceeds 20 years. The petition
beneficiary’s spouse will also be eligible for parole in these two categories.
When Petitioner is the “Surviving Spouse” of a WWII Veteran -- Qualifying Relative Petition Categories:
The term “surviving spouse” is not defined in U.S.
immigration laws, but in other federal law the term addresses the widow or
widower of a marriage partner who died during the marriage.
When the Relative Petition is filed by the surviving spouse
of a deceased WWII Veteran, the principal petition beneficiary must be the son
or daughter of both the veteran and the spouse. Sons and daughters that were adopted or are step-children are included, as long as they meet U.S. immigration law's definition of "child". This
limits the qualifying petition filed by a surviving spouse to the following
immigrant categories:
-1st Preference (FB-1)- Unmarried sons and
daughters of U.S. Citizens.
-2nd Preference (FB-2A)- Spouse or unmarried
children under 21 of Permanent Residents.
-2nd Preference (FB-2B)- Unmarried sons and
daughters of Permanent Residents.
-3rd Preference (FB-3)- Married sons and
daughters of U.S. Citizens.
When the Petitioner is the current spouse of a living Filipino WWII Veteran:
The FWVP Program only gives benefits to the beneficiaries of petitions filed by the veteran and the veteran’s surviving spouse. This is a flaw in this program that I discuss at length here.
The Petition Must be Approved Before Requesting Parole
The petitioner cannot request parole for the beneficiary under the
FWVP Program until USCIS makes a final decision approving the relative petition.
Most of these petitions were approved many years ago, with
the beneficiary just on the waiting list for an immigrant visa. However, more recently filed petition may
still be pending with USCIS. The current estimated processing time for USCIS to decide an FB-3 (married son/daughter of a U.S. Citizen) is four years.
The Relationship between the Petitioner and Beneficiary must have existed before May 10, 2016
There is no deadline for filing a petition that may qualify
for treatment under the FWVP Program, but the relationship between the veteran
and the beneficiary must have existed
on or before May 9, 2016. This
restriction has little meaning, and only bars getting parole for the new spouse
of a Permanent Resident Filipino WWII veteran.
The Petitioner Need Not be Alive
Under normal U.S. immigration law, a relative petition is
automatically cancelled when the Petitioner dies. However, the law now allows for the Beneficiary to ask USCIS to
reinstate the petition and allow the beneficiary to still immigrate to the
United States.
The law allowing Petition reinstatement can be used for
petitions under the FWVP Program, so it is still possible for the beneficiary
to be paroled into the United States after the death of the petitioner.
Petitioner Must Reside in the United States
The veteran or the veteran’s surviving spouse must be
residing in the United States when the beneficiary/relative requests
parole. This conforms with the purpose
of the program, allowing the relative to be with and assist the veteran or
surviving spouse.
Program Effective Dates
USCIS will begin accepting applications for parole under the
FWVP Program on June 8, 2016. While
there is no end date for this program, the program will be reviewed in 2020 for
possible termination after five years.
Application Process
Remember, it is the Petitioner (or self-applicant/Beneficiary, if the Petitioner is deceased) that will
submit the application for parole under the FWVP Program.
Every applicant for parole will file both Forms I-131
(Application for Travel Document)
and I-134 (Affidavit of Support) . Although an Affidavit of Support must be filed, there is no requirement that the form must be completed by the Petitioner. It may be possible for some
other relative to complete the affidavit.
In cases where the petition has been reinstated after the death of the veteran, it is expected that the affidavit would be completed by an appropriate "substitute" sponsor. However, it will be at the discretion of USCIS to ensure that sufficient
financial arrangements have been made for the relative being paroled into the
United States.
Fees
The only fee for parole under the FWVP Program is the fee
for Form I-131, Application for Travel Document. The current fee is $360.
USCIS has already announced their intention to raise the I-131 fee to
$575 later in 2016. The correct fee can
always be found on the I-131 page at uscis.gov.
Where to File
USCIS will soon be updating the instructions and filing
locations for Form I-131 to reflect the requirements of the FWVP Program. Applications will be filed by mail to USCIS in the United States.
Interview
Interview
All applicants for parole will be required to appear for a
personal interview at a USCIS office or consular post. This includes FWVP applicants who are currently in the United States.
Other Required Evidence
Along with the request for parole, the applicant should also
include evidence of the Filipino Veteran’s service in WWII was recognized by
the U.S. Department of Defense. There
are three preferred methods of proving service:
1. Show the veteran
is listed on the final roster prepared by the recovered Personnel Division of
the U. S. Army for service with the Philippine Army during the World War II
occupation and liberation of the Philippines;
2. Show the veteran is listed on the final roster prepared by the Guerilla Affairs Division of the U. S. Army for service within a recognized guerilla unit during the World War II occupation and liberation of the Philippines; or
3. Show the veteran served honorably in the Philippine Scouts or in another component of the U.S. Armed Forces in the Far East (other than the groups shown above) at any time between September 1, 1939 and December 31, 1946.
“USCIS will review
government records to verify that the Filipino veteran's World War II military
service was recognized by the Department of Defense. When this documentation is
not available, USCIS will issue a Request for Evidence to allow the petitioner
to submit evidence establishing the Filipino veteran's military service.”
Derivative Children
USCIS has decided that for the purpose of the FWVP Program, the only children of the direct petition beneficiary that will be allowed parole into the United States are those who are under 21 years of age on the date the parole request is received by USCIS.Travel After Parole Entry
Being paroled into the United States under the FWVP Program do not have permission to travel and return. Before departing the United States, it will be necessary to apply to USCIS for "advance parole" to allow reentry.
Parole is Discretionary – Each Case Reviewed Individually
Parole into the United States is granted for “urgent
humanitarian reasons or significant public benefit”. USCIS considers, in general only, that allowing the relatives of
these veterans to enter the US is a recognition of the contributions made by
these veterans. Further, if these
relatives are able to provide support or care for the veterans would also be considered
a “significant public benefit”.
Meeting the requirements of the FWVP Program alone does not
guarantee parole will be granted. Each
request for parole under the FWVP Program will be reviewed to determine if the
applicant deserves a favorable decision.
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