Filipino World War II Veterans Parole Policy, 28097-28100 [2016-10750]

Download as PDF 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 mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 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. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 28097 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: E:\FR\FM\09MYN1.SGM 09MYN1 28098 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES 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. VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 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. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09MYN1.SGM 09MYN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 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. VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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. E:\FR\FM\09MYN1.SGM 09MYN1 28100 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. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 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:// PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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
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