USCIS Recognizes the Contributions of Filipino WWII Veterans

Are you a Filipino World War II veteran? If so, you may benefit from a program started by the USCIS in June of this year which recognizes the contributions made by such veterans.  Under the Filipino World War II Parole Program (or FWVP program), veterans may request parole for certain family members, and if approved, those family members may enter the United States and remain here while they wait for visas to become available. 

To be eligible to request parole for qualifying relatives, the veteran must meet the following requirements:

• The veteran must be a U.S. citizen or lawful permanent resident living in the United States;
• The veteran must establish that he/she is a Filipino World War II veteran;
• The veteran must have filed an I-130, Petition for Alien Relative (“I-130 petition”), on behalf of a family member (which family member may include the veteran’s sons and daughters and their derivative spouse and unmarried children under the age of 21; or the veteran’s brothers and sisters, and their derivative spouses and unmarried children under the age of 21);
• The I-130 petition must be approved on or before the request for parole is made;
• The veteran must establish that the beneficiary has a qualifying, legally recognized relationship with the veteran that existed on or before May 9, 2016; and
• An immigrant visa is not yet available for the qualifying relative.

If the veteran is deceased, his/her surviving spouse may request parole for any beneficiaries of the deceased veteran’s I-130 petition so long as the USCIS either reinstates the I-130 petition following the veteran’s death, or grants relief under a section of the Immigration and Nationality Act (“204(l) relief”).  The surviving spouse may also seek parole for beneficiaries of his or her own I-130 petition so long as the beneficiaries are also the veteran’s sons and daughters (including spouses and unmarried children under the age of 21), and the qualifying relationship existed on or before May 9, 2016.  The surviving spouse’s sons or daughters who are not also the veteran’s sons or daughters are not eligible for the FWVP program, nor are the surviving spouse’s brothers or sisters or their spouses or children.

If the veteran and the veteran’s spouse are both deceased, a “self-petitioner” may request parole under the FWVP program on his/her own behalf, and on behalf of his/her spouse and unmarried children under the age of 21, if the self-petitioner establishes:

• The deceased Filipino veteran had qualifying World War II military service and was residing in the United States at the time of his/her death;
• The veteran’s spouse is also deceased;
• The self-petitioner is the son, daughter, or sibling of the deceased veteran, and that the qualifying relationship existed on or before May 9, 2016; and
• Either:
  • The USCIS approves the I-130 filed on behalf of the self-petitioner while the petitioner is alive, and after he/she dies, grants reinstatement or 204(l) relief; or
  • If the I-130 petition filed on behalf of the self-petitioner is pending at the time of the petitioner’s death, and the beneficiary or derivative beneficiaries were living in the U.S. at that time and continue to reside here, the USCIS subsequently approves the I-130 petition.

Note that because many people seeking parole as family members of Filipino war veterans are at an advanced age, they may request expedited processing for their pending humanitarian reinstatement requests.  In addition, requests for parole may be filed concurrently with requests for humanitarian reinstatement.  However, the parole request will only be considered once humanitarian reinstatement has been granted.

Once the USCIS approves a parole application, it will then be forwarded to the National Visa Center (“NVC”).  The NVC will transfer the case to a U.S. Embassy or Consulate abroad where the beneficiary family member(s) will be interviewed.  If travel is ultimately approved, the U.S. Embassy will issue the necessary travel documents to allow the family member(s) to travel to the United States.

For more information about the FWVP program, please contact Immigration Attorneys, LLP at 312.661.9100.