[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

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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

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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.


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    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]
 BILLING CODE 9111-97-P