Read­ers’ Q&A

The Freeman - - OPINION -

This week we feature a cou­ple of ques­tions from our read­ers.

Q1: My fa­ther was a Filipino World War II vet­eran who fought along­side US forces. He was able to go and live in the US and brought my mother with him. He pe­ti­tioned us and the I-130 was ap­proved but be­fore our visa be­came avail­able he died. We were told by some friends that be­cause he died our pe­ti­tion died as well. What is our re­course now?

A1: There is a pa­role pro­gram by the US gov­ern­ment that be­came ef­fec­tive on June 8, 2016 that al­lows Filipino WWII vet­er­ans, their spouses and their chil­dren to come to the US un­der cer­tain con­di­tions:

• The ap­pli­cant must have es­tab­lished that he is a WWII vet­eran, or the sur­viv­ing spouse of the vet­eran;

• The ap­pli­cant must be a US cit­i­zen or a green­card holder liv­ing in the US;

• There must have been an I-130 filed for the fam­ily mem­ber and such was ap­proved on or be­fore the pa­role ap­pli­ca­tion was filed;

• An im­mi­grant visa is not yet avail­able for the rel­a­tive; In your case where your pe­ti­tioner has died, you can file the pa­role re­quest your­self. You must prove the fol­low­ing;

• Your fa­ther had qual­i­fy­ing WWII mil­i­tary ser­vice, and was liv­ing in US when he died;

• If the Filipino vet­eran's spouse is also de­ceased, that you are the son, daugh­ter, brother or sis­ter of the de­ceased Filipino vet­eran, and that re­la­tion­ship ex­isted on or be­fore May 9, 2016.

USCIS will also con­sider your re­quest for pa­role if one of the fol­low­ing con­di­tions is true:

• The Form I-130 (of which you are a prin­ci­pal ben­e­fi­ciary) while your fa­ther is alive, and then af­ter his death USCIS granted re­in­state­ment of the Form I-130;

• Or when your fa­ther died while the Form I-130 is pend­ing, and you were liv­ing in the United States at the time of your fa­ther's death and are still liv­ing in the United States un­der INA 204(l).

If you qual­ify un­der any of the cir­cum­stance men­tioned above, there may be some re­course for you. So even if your fa­ther al­ready sub­mit­ted doc­u­ments dur­ing his ini­tial fil­ing, it is wise to start gath­er­ing proof of your fa­ther's vet­eran cer­ti­fi­ca­tion, your birth cer­tifi­cate, mar­riage cer­tifi­cate, copies of ap­proved pe­ti­tions, and other rel­e­vant doc­u­ments.

Q2: Are the ru­mors true the Trump ad­min­is­tra­tion is re­view­ing nat­u­ral­iza­tions al­ready pre­vi­ously granted?

A2: Yes, there is a task force newly cre­ated by USCIS to re­view cit­i­zen­ship ap­pli­ca­tions granted since 1990. This is done in or­der to check ap­pli­ca­tions which may have been fraud­u­lent based on con­ceal­ment of a ma­te­rial fact or will­ful mis­rep­re­sen­ta­tion. This is called de­nat­u­ral­iza­tion. This lat­est move by the Trump ad­min­is­tra­tion places ev­ery­one who be­came nat­u­ral­ized US cit­i­zens in such need­less and use­less anx­i­ety. Even if you don't have any rea­son to worry, still it leaves ev­ery­one in such a pre­car­i­ous sit­u­a­tion.

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