Filipino World War II Veterans Parole Policy, 28097-28100 [2016-10750]
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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0016]
Agency Information Collection
Activities: Application for Relief Under
Former Section 212(c) of the
Immigration and Nationality Act, Form
I–191; Revision of a Currently
Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 60-day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) invite the
general public and other Federal
agencies to comment upon this
proposed revision of a currently
approved collection of information. In
accordance with the Paperwork
Reduction Act (PRA) of 1995, the
information collection notice is
published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e., the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until July
8, 2016.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0016 in the subject box, the
agency name and Docket ID USCIS–
2006–0070. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov under eDocket ID number USCIS–2006–0070;
(2) Email. Submit comments to
USCISFRComment@uscis.dhs.gov;
(3) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue NW,
Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Acting Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(This is not a toll-free number.
Comments are not accepted via
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SUMMARY:
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telephone message). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
(800) 375–5283; TTY (800) 767–1833.
SUPPLEMENTARY INFORMATION:
Comments:
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2006–0070 in the search box.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
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Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Application for Relief under Former
Section 212(c) of the Immigration and
Nationality Act.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–191; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–191 is necessary for
USCIS to determine whether the
applicant is eligible for discretionary
relief under former section 212(c) of the
Immigration and Nationality Act.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–191 is 600 and the
estimated hour burden per response is
1.5 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 900 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $75,750.
Samantha Deshommes,
Acting Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2016–10803 Filed 5–6–16; 8:45 am]
BILLING CODE 9111–97–P
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
U.S. Citizenship and
Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
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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 caseby-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
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
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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themselves. For certain Filipino
American family members, this wait can
exceed 20 years.2
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
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
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 https://
www.travel.state.gov/content/dam/visas/Bulletins/
visabulletin_january2016.pdf.
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-bycase 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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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.
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
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
5 See
INA sec. 203(d), 8 U.S.C. 1153(d).
Pub. L. 101–649, 104 Stat. 4978.
7 See Pub. L. 105–119, 111 Stat. 2440.
6 See
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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 familysponsored 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
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
8 See INA sec. 101(b)(1) (defining ‘‘child’’). This
definition includes individuals who qualify as stepchildren, legitimized children, children born out of
wedlock and adopted children.
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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 selfapplicant, 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.
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
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.
10 The Department of State, however, will not
make parole determinations.
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28099
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.
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 OMBapproved 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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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
Dated: May 2, 2016.
´
´
Leon Rodrıguez,
Director, U.S. Citizenship and Immigration
Services.
[FR Doc. 2016–10750 Filed 5–6–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FWS–R8–ES–2016–N044; FF08ESMF00–
FXES11120800000–156]
Proposed Habitat Conservation Plan/
Natural Community Conservation Plan
for Western Butte County, California:
Environmental Impact Statement
Fish and Wildlife Service,
Interior; National Marine Fisheries
Service, Commerce.
ACTION: Notice; reopening of public
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service and the National
Marine Fisheries Service, are reopening
the comment period for our joint request
for comments on the Butte Regional
Conservation Plan (Plan) and the Draft
Environmental Impact Statement/Report
(DEIS/R) for Authorization of Incidental
Take and Implementation of the Plan.
As of January 19, 2016, we have
received comments from four
organizations and individuals
requesting that the comment period be
extended. In response to these requests,
we are reopening the comment period.
If you previously submitted
comments, you need not resubmit them;
we have already incorporated them into
the public record and will fully consider
them in finalizing these documents.
DATES: Submitting Comments: To ensure
consideration, written comments must
be received by June 8, 2016, no later
than 5 p.m. Pacific Time.
ADDRESSES: Submitting Comments:
Please address written comments to one
of the following individuals:
1. Mike Thomas, Chief, Conservation
Planning Division; or Eric Tattersall,
Assistant Field Supervisor, by mail/
hand-delivery at U.S. Fish and Wildlife
Service, Sacramento Fish and Wildlife
Office, 2800 Cottage Way, W–2605,
Sacramento, California 95825; or by
facsimile to (916) 414–6713. You may
telephone (916) 414–6600 to make an
appointment during regular business
hours to drop off comments at the
Sacramento Fish and Wildlife Office.
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SUMMARY:
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2. Maria Rea, Assistant Regional
Administrator, by mail/hand-delivery at
National Oceanic and Atmospheric
Administration, West Coast Region,
National Marine Fisheries Service, 650
Capitol Mall, Suite 5–100, Sacramento,
California 95814; or by facsimile to
(916) 930–3629. You may telephone
(916) 930–3600 to make an appointment
during regular business hours to drop
off comments at the National Marine
Fisheries Service.
Please send comments related
specifically to the California
Environmental Quality Act (CEQA)
process to the Jon Clark, Executive
Director, Butte County Association of
Governments, 2580 Sierra Sunrise
Terrace, Suite 100, Chico, California
95928. You may also submit comments
by facsimile to (530) 879–2444.
FOR FURTHER INFORMATION CONTACT:
(1) Rick Kuyper, Endangered Species
Division; Mike Thomas, Chief,
Conservation Planning Division; or Eric
Tattersall, Deputy Assistant Field
Supervisor, at the Sacramento Fish and
Wildlife Office address above or at (916)
414–6600 (telephone); or
(2) Gretchen Umlauf, National Marine
Fisheries Service, at the address above
or at (916) 930–5646 (telephone).
If you use a telecommunications
device for the deaf, please call the
Federal Information Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: We are
reopening the comment period for the
Butte Regional Conservation Plan and a
DEIS/R for Authorization of Incidental
Take and Implementation of the Plan.
On November 18, 2015, we opened a 90day public comment period via a
Federal Register notice (80 FR 72108).
This comment period officially closed
on February 16, 2016. Public meetings
in Butte County were held in the cities
of Chico on January 5, 2016, and
Oroville and Gridley on January 6, 2016.
As of January 19, 2016, we have
received comments from four
organizations and individuals
requesting that the comment period be
extended. In response to requests from
the public, we have reopened the
comment period (see DATES).
Background Information
For background information, see our
November 18, 2015, notice (80 FR
72108).
Document Availability
You may obtain copies of the Draft
Plan and DEIS/R from any of the
individuals in FOR FURTHER INFORMATION
CONTACT, or from the Sacramento Fish
and Wildlife Office Web site at https://
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www.fws.gov/sacramento. Copies of
these documents are also available for
public inspection, by appointment,
during regular business hours, at the
Sacramento Fish and Wildlife Office.
Additionally, hard-bound copies of the
DEIS/R and Draft Plan are available for
viewing, or for partial or complete
duplication, at the following locations
in Chico:
• Butte County Association of
Governments, 2580 Sierra Sunrise
Terrace, Suite 100;
• Biggs Branch Library, 464A B
Street;
• Chico Branch Library, 1108
Sherman Avenue;
• Gridley Branch Library, 299 Spruce
Street; and
• Oroville Branch Library, 1820
Mitchell Avenue.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, U.S. Fish and Wildlife Service,
Sacramento, California.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–10863 Filed 5–6–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]
Renewal of Agency Information
Collection for Indian SelfDetermination and Education
Assistance Contracts
Bureau of Indian Affairs, DOI.
Notice of request for comments.
AGENCIES:
ACTION:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is seeking
comments on the renewal of Office of
Management and Budget (OMB)
approval for the collection of
information for Indian SelfDetermination and Education
Assistance Contracts, authorized by
OMB Control Number 1076–0136. This
information collection expires July 31,
2016.
DATES: Submit comments on or before
July 8, 2016.
ADDRESSES: You may submit comments
on this information collection activities
to Ms. Sunshine Jordan, Acting Division
Chief, Office of Indian Services—
Division of Self-Determination, 1849 C
Street NW., MS 4513–MIB, Washington,
DC 20240, telephone: (202) 513–7616,
email: Sunshine.Jordan@bia.gov.
SUMMARY:
E:\FR\FM\09MYN1.SGM
09MYN1
Agencies
[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 https://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]
BILLING CODE 9111-97-P