[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28097-28100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10750]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2573-15; DHS Docket No. USCIS-2016-0003]
Filipino World War II Veterans Parole Policy
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: This notice announces the implementation of U.S. Citizenship
and Immigration Services' (USCIS) Filipino World War II Veterans Parole
(FWVP) policy. Under this policy, USCIS will
[[Page 28098]]
offer certain beneficiaries of approved family-based immigrant visa
petitions an opportunity to request a discretionary grant of parole on
a case-by-case basis so that they may come to the United States as they
wait for their immigrant visa numbers to become available. Among other
things, the policy recognizes the extraordinary contributions and
sacrifices of Filipino veterans who fought for the United States during
World War II. The policy also enhances the ability of such elderly
veterans and their spouses to obtain care and support from their family
members abroad.
DATES: On or after June 8, 2016, individuals will be able to request
parole under the FWVP policy.
FOR FURTHER INFORMATION CONTACT: Maura Nicholson, Deputy Chief,
International Operations Division, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue NW.,
Suite 3300, Washington, DC 20529, Telephone 202-272-1892. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Background of the FWVP Policy
More than 260,000 Filipino soldiers enlisted to fight for the
United States during World War II. Estimates indicate that as many as
26,000 of these brave individuals became U.S. citizens. As U.S.
citizens or lawful permanent residents (LPRs), these veterans may
petition for certain of their family members to come to the United
States. Estimates indicate that there are approximately between 2,000
to 6,000 Filipino American World War II veterans still alive in the
United States today, many of whom greatly desire to have their family
members in the United States during their final days.\1\
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\1\ See Modernizing and Streamlining our Legal Immigration
System for the 21st Century 38 (July 2015), available at https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report1.pdf.
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With the exception of ``immediate relatives'' (i.e., parents,
spouses, unmarried children under 21 years of age) of U.S. citizens,
see Immigration and Nationality Act (INA) sec. 201(b)(2)(A)(i), 8
U.S.C. 1151(b)(2)(A)(i), the number of family-sponsored immigrant visas
that are available in any given year is limited by statute. See INA
secs. 201(a) and (c), 202(a) and 203, 8 U.S.C. 1151(a) and (c), 1152(a)
and 1153. These statutory limits have resulted in long waiting periods
before family members may join the petitioning U.S. citizens or LPRs in
the United States and become LPRs themselves. For certain Filipino
American family members, this wait can exceed 20 years.\2\
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\2\ The January 2016 Visa Bulletin issued by the Department of
State indicates that for individuals chargeable to the Philippines,
visas may be issued to individuals with priority dates ranging from
before August 01, 2014 for family-sponsored second preference
category (for spouses and unmarried children of LPRs) to before July
22, 1992 for the family-sponsored fourth preference category (for
siblings of U.S. citizens). See January 2016 Visa Bulletin, U.S.
Department of State, Bureau of Consular Affairs, available at http://www.travel.state.gov/content/dam/visas/Bulletins/visabulletin_january2016.pdf.
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Recognizing the contributions and sacrifices of Filipino veterans
who fought for the United States during World War II and their
families, USCIS has decided to implement the FWVP policy. In many
cases, paroling these family members may also allow them to provide
support and care for elderly veterans or their surviving spouses. Under
this policy, USCIS will consider individual requests for parole
submitted for certain relatives who are the beneficiaries of approved
family-based immigrant visa petitions filed by Filipino veterans or
their surviving spouses.\3\ Where USCIS determines that exercising such
discretion is appropriate, USCIS may approve parole requests for such
relatives so that they may wait in the United States until they are
able to adjust status under existing immigration laws.\4\
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\3\ See INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A)
(permitting parole of certain aliens into the United States, as a
matter of discretion and on a case-by-case basis, for urgent
humanitarian reasons or significant public benefit); see also 8 CFR
212.5(a) and (c)-(e) (discretionary authority for establishing
conditions of parole and for terminating parole).
\4\ INA sec. 245(a), 8 U.S.C. 1255(a), permits adjustment of
status for an alien paroled into the United States. Under 8 CFR
245.1(d)(1)(v), a parolee is considered to be in a lawful status for
purposes of INA sec. 245(c)(2) if an individual is seeking
adjustment of status as an immediate relative or family-based
immigrant.
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In light of the circumstances described above, among other
considerations, USCIS believes that the parole of qualified applicants
who establish on a case-by-case basis that they are eligible for
consideration under this policy and merit a favorable exercise of
discretion would generally yield a ``significant public benefit.''
Additionally, considering the advanced age of World War II Filipino
veterans and their spouses, and their increased need for care and
companionship, grants of parole under the FWVP policy would often
address urgent humanitarian concerns. In all cases, whether to parole a
particular individual under this policy is a discretionary
determination that will be made on a case-by-case basis. Accordingly,
parole applications for individuals who fall within the general
criteria but whose cases present overriding adverse factors (e.g.,
criminal history) would not be approved.
II. Participation in the FWVP Policy and Application Process
Those who may benefit from the FWVP policy are individuals: (1) who
are the beneficiaries of Forms I-130, Petition for Alien Relative,
including any accompanying or following-to-join spouse and children,\5\
who were approved on or before the filing date of the parole request
(Form I-131, Application for Travel Document); (2) whose qualifying
relationship with the petitioning relative existed on or before May 9,
2016; (3) whose petitioning relative is residing in the United States
(or, if deceased, was residing in the United States at the time of
death); (4) whose immigrant visas are not authorized for issuance per
the Application Final Action Dates chart for family-sponsored
preference cases on the Department of State's Visa Bulletin; and (5)
whose petitioning relatives have established they are either Filipino
World War II veterans or are the surviving spouses of such individuals.
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\5\ See INA sec. 203(d), 8 U.S.C. 1153(d).
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The Filipino veteran's qualifying World War II military service
must have previously been recognized by the Department of Defense and
must be described in section 405 of the Immigration Act of 1990
(IMMACT'90),\6\ as amended by section 112 of Department of Justice
Appropriations Act, 1998, which requires an individual to fall within
one of three categories: \7\
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\6\ See Pub. L. 101-649, 104 Stat. 4978.
\7\ See Pub. L. 105-119, 111 Stat. 2440.
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1. Individuals who are listed on the final roster prepared by the
recovered Personnel Division of the United States Army of those who
served honorably in an active duty status with the Philippine Army
during the World War II occupation and liberation of the Philippines;
2. Individuals who are listed on the final roster prepared by the
Guerilla Affairs Division of the United States Army of those who
received recognition as having served honorably in an active duty
status within a recognized guerilla unit during the World War II
occupation and liberation of the Philippines; or
3. Individuals who served honorably in an active duty status within
the Philippine Scouts or within any other component of the United
States Armed Forces in the Far East (other than a component described
in clauses 1 or 2) at any time during the period beginning
[[Page 28099]]
September 1, 1939, and ending 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.
When the petitioning relative in the United States is the Filipino
World War II veteran, individuals eligible for parole consideration
could include beneficiaries under any family-sponsored preference
category. Individuals who qualify as ``immediate relatives'' under
section 201(b)(2)(A)(i) of the INA, 8 U.S.C. 1151(b)(2)(A)(i), however,
will not be eligible for parole under this policy because immigrant
visas for these individuals are already immediately available.
Immediate relatives may seek immigrant visas for travel to the United
States immediately upon the approval of immigrant visa petitions filed
on their behalf. In situations where the petitioning relative in the
United States is the surviving spouse of a Filipino World War II
veteran, eligible individuals who may be considered for parole under
this policy include only the child, son, or daughter of the surviving
spouse who is also the child, son, or daughter of the Filipino World
War II veteran.\8\
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\8\ See INA sec. 101(b)(1) (defining ``child''). This definition
includes individuals who qualify as step-children, legitimized
children, children born out of wedlock and adopted children.
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In cases where the petitioning relative is deceased, eligible
individuals described in this paragraph may also seek parole on their
own behalf, under this policy, in cases where USCIS has reinstated the
approval of Form I-130, Petition for Alien Relative, for humanitarian
reasons. If such petition is reinstated, the self-petitioner must
establish (1) a qualifying family relationship with the deceased
Filipino veteran or spouse (i.e. the self-petitioner is a qualifying
child, son, daughter, brother or sister of the Filipino World War II
veteran); and (2) that the deceased Filipino veteran had qualifying
World War II military service, as described above. Again, each of these
parole requests will be reviewed on a case-by-case basis to determine
whether the petitioner has met the criteria for parole and merits a
favorable exercise of discretion.
Seeking parole under the FWVP policy is voluntary.
On or after June 8, 2016, an eligible U.S.-based U.S. citizen or
LPR Filipino World War II veteran, or surviving spouse, with an
approved Form I-130 may request parole under the FWVP policy on behalf
of his or her eligible beneficiary relatives (or, if a self-applicant,
on his or her own behalf). An eligible petitioner or self-applicant
must file a completed Form I-131, Application for Travel Document, and
a completed Form I-134, Affidavit of Support, and submit the required
fee(s) or fee waiver request \9\ on behalf of each beneficiary he or
she wishes to have considered for parole. The veteran, surviving
spouse, or self-petitioner must provide documentation of the veteran's
qualifying World War II military service as described under section 405
of IMMACT'90, as amended. Detailed instructions on how to request
parole under this policy will be included in the Instructions to Form
I-131, Application for Travel Document, and on the USCIS Web site at
(www.uscis.gov). USCIS will reject a Form I-131 that is not properly
filed. USCIS strongly encourages individuals seeking to request parole
under the FWVP policy to make such requests within 5 years from June 8,
2016 in order for their qualifying family members to be considered
under this policy. Following the first four years of the implementation
of this policy, USCIS will conduct additional outreach and evaluate
whether the volume of actual or potential requests would support
maintaining the policy, or whether it should be phased out at the end
of 5 years.
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\9\ The Director of USCIS has determined that individuals
seeking parole under the FWVP policy may request a waiver of the fee
for Form I-131, Application for Travel Document. Making the fee
waiver available for those applicants who are unable to pay is in
the public interest and consistent with other applicable law,
consistent with 8 CFR 103.7(d). A fee waiver may be requested by
completing Form I-912, Request for Fee Waiver, in accordance with
its instructions, and submitting that form with Form I-131.
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USCIS or Department of State consular officers will interview all
individuals considered for parole under the FWVP policy to determine
whether parole is appropriate on a case-by-case basis.\10\ Individuals
requesting parole under this policy may also be required to have their
biometrics collected. If USCIS favorably exercises its discretion to
issue parole under the FWVP policy by approving the Form I-131, USCIS
or the Department of State will issue the necessary travel documents to
the beneficiary in the location he or she was interviewed. These travel
documents generally will enable the beneficiary to travel to a U.S.
port-of-entry and request parole from U.S. Customs and Border
Protection (CBP) to join his or her family member. Before the
beneficiary's parole expires, the beneficiary would be required to (1)
seek re-parole; (2) if eligible, apply to adjust status to that of
lawful permanent resident or apply and be processed overseas for an
immigrant visa; or (3) depart the United States.
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\10\ The Department of State, however, will not make parole
determinations.
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If an immigrant visa becomes available to an individual who is not
an ``immediate relative'' while a Form I-131 filed under the FWVP
policy is pending, the individual will be considered for parole under
this policy, if desired. Alternatively, the beneficiary can choose to
pursue immigrant visa processing, which will require payment of
associated fees, but will enable the individual to apply for admission
to the United States as an immigrant, if found eligible by the
Department of State for the immigrant visa and admissible by CBP at a
U.S. port of entry.
III. Paperwork Reduction Act (PRA)
Under the PRA, 44 U.S.C. chapter 35, all Departments are required
to submit to the Office of Management and Budget (OMB) for review and
approval, any new reporting requirements they impose. The USCIS,
Application for Travel Document, (Form I-131), has been approved by OMB
and assigned OMB control number 1615-0013. USCIS is only revising the
Form I-131 Instructions in connection with the implementation of the
FWVP policy and this notice. USCIS filed an emergency request with OMB
and obtained approval of the changes to the Form I-131 Instructions.
More information regarding the annual burden impact resulting from the
implementation of this new policy will be provided during the next
renewal cycle of the Form I-131. Currently, USCIS estimates that the
FWVP policy might result in approximately 6,000 new respondents filing
Form I-131s. The current OMB-approved estimated number of respondents
filing Form I-131 is 940,671. USCIS believes it has overestimated the
number of individuals who will use this form to apply for immigration
benefits to the degree that additional respondents who will use it to
file a request under the FWVP policy will be covered within the 940,671
estimated.
Additional information about the consideration of parole requests
under the FWVP policy will be posted on the USCIS Web site at
www.uscis.gov.
[[Page 28100]]
Dated: May 2, 2016.
Le[oacute]n Rodr[iacute]guez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2016-10750 Filed 5-6-16; 8:45 am]
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