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The latest immigration and visa news for the USA, Canada, Australia, New Zealand, Ireland, and select European countries - straight from the leading immigrant advocates in the Philippines.

Children of Filipino Veterans May Join Parents in a Year or less

Instead of waiting 15 to 25 years under the F1 or F3 category, qualified applicants may now apply to join the petitioner parent (World War II Veteran) with their minor children.

Crispin ArandaOriginally posted on May 10, 2016; updated May 10, 2016

Children of Filipino Veterans May Join Parents in a Year or less

Sons and daughters of U.S citizen-veterans may now be able to join their petitioner-parent in a year or less under the parole policy recently issued by the U.S. Citizenship and Immigration Services (USCIS)

These sons and daughters are mostly in the F1 (over 21, unmarried) or F3 (married children) category.

Even better – the children below 21 of visa beneficiaries are also eligible and may travel with the principal F1 or F3 applicant.

The parole policy is part of President Barack Obama’s proactive immigration policy, which includes the Deferred Action for Children Arrivals and the Deferred Action for Parent Accountability (DACA and DAPA respectively) allowing individuals who were brought into the U.S. when they were minors and have since been unlawfully present.

The rule was published on May 9, 2016 and shall be in effect starting June 8, 2016.  However, it is likely that visas would be issued in July of that year because each application will be decided on a discretionary, case-by-case basis.

10 to 15 year wait without Parole Policy

Currently, the unmarried sons and daughters of U.S. citizens (F1 category) would still have to wait for 16 years before immigrant visas could be available – if they would have to go the regular visa processing.

Married sons and daughters of U.S. citizens would have to wait longer – by as much as 25 to 26 years – based on the June 2016 priority dates in the recently issued Visa Bulletin by the State Department - https://www.visacenter.org/index.php/page/580/visa-bulletin-june-2016-final-dates-from-june-2011-cupids-arrow-beats-nuclear-family-relationships

For F1 and F3 beneficiaries considered qualified under the USCIS Parole Policy, they may be able to join their petitioner-parent in a year or less.

Who Are Eligible

To apply and qualify for advance parole, the applicant must:   

  • Be the beneficiaries of Forms I-130, Petition for Alien Relative,including any accompanying or following-to-join spouse and children,who were approved on or before the filing date of the parole request
  • Have the qualifying relationship with the petitioning relative on or before May 9,2016.
  • Have the petitioner parent still domiciled in the United States, or if deceased must have been residing in the U.S. at time of death.
  • Not have their priority dates current as indicated in the Final Action Dates of the Visa Bulletin under the Family-sponsored categories.
  • Provide evidence that the petitioner parent are either Filipino World War II veterans or are the surviving spouses of such individuals. The Filipino Veterans’s qualifying World War II military service must have been previously recognized by the Department of Defense as described under Section 405 of the Immigration and Nationality Act.

If Petitioner Parent/Filipino Veteran is Deceased

In cases where the petitioning relative is deceased, eligible applicants may also apply for advance parole on their behalf after their application for humanitarian reinstatement is approved.

Currently, reinstatement requests require that the applicant must have a qualified relative who will suffer extreme hardship if the application for revalidation is not granted.

The request for Advance Parole requires the filing of the I-131 Travel Document and affidavit of support forms.


Authors & Contributors

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.

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