Readers’ Q&A
US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin (The Freeman) - September 16, 2018 - 12:00am

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.

 

WAR VETERAN
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