From our Boholanos abroad!
Immigration
By – Glen P. Hubahib, Esq.
(Author’s Note: This article is for informational purposes only. This is not intended to provide legal advice. Each immigration case is unique, however simple. It is suggested that you consult an immigration attorney to avoid costly mistakes. “An ounce of prevention is better than a pound of cure.” Send your comments and suggestions to the author at hubahibg@gmail.com. Thank you.)On this installment, we will discuss the general overview and concept of the straightforward way to immigrate to the United States. Even though the US immigration law is complicated and sometimes convoluted, I will try to keep it simple for easy understanding to the common man. I will not fault the reader if, along the way, he/she will have a question or two. The family-based petition and the derivative beneficiary of such petition is by far the easiest path of immigration. The petition is based on what we call familial relationships such as parent, children, and siblings – brother and sister. We commonly call this as an “anchor”: meaning someone who has a legal immigration status who can help the family member immigrate. If successful, the beneficiary family member can obtain the green card or the more legally correct term – Legal Permanent Resident (LPR). The beneficiary family member is often referred to as “immigrant” or “permanent resident alien” or “green card holder”. A “green card” holder is a permanent resident that has been granted authorization to live and work in the Unites States. The issuance is valid for ten years and renewable prior to expiration. The slang “green card” term for this wallet-sized ID comes from its color, though it has gone through changes over the years.
Sample, green card However, there is what we call as a conditional permanent resident. He/She is the spouse of a United States Citizen (USC) and the marriage to the petitioning spouse is not over two years old. The term of the conditional residency is valid for two years and the person concerned must file a petition to remove the condition prior to the expiration of the term. The basis for the removal of the condition is the proof that their marriage is legitimate. In other words, it is not a marriage for convenience to get a green card. If approved, the petitioner becomes a permanent resident. For easy reference, we call the U.S. Citizen or Legal Permanent Resident the “petitioner” and the Filipino citizen who is petitioned as the “beneficiary.” Who can petition and who will be the beneficiary?A United States Citizen can petition the following beneficiaries – his spouse, minor son/s and daughter/s (under 21 years old). This includes adopted child/ren and stepchild/ren. There are specific rules for adopted and stepchild which we will discuss separately in our future column; Unmarried adult son/s and daughter/s (21 years old or older); Married son/s and daughter/s; his parents; and brother/s and sister/s. A legal permanent resident can petition the following beneficiaries –his spouse; minor son/s and daughter/s; and unmarried son/s and daughter/s who are over 21 years old. Here, the US citizen can take the “whole barangay” to America so to speak compared to a green card holder. Thus, we have clans of Filipinos in the West Coast, e.g. California, in the Eastern Seaboard e.g. New York and in Hawaii. Evidence of qualifying relationship.Here, we will just enumerate the primary document/s that will establish qualifying family relationship for brevity and general concept. For a more exhaustive list, you can consult an immigration attorney, you can read the Immigration and Nationality Act (INA), the Code of Federal Regulations and the United States Customs and Immigration website.For spousal petition, you must submit the marriage certificate. You will also must submit the divorce decree if any one of the party is previously divorced. In addition, proof of joint life together is needed, such as but not limited to – joint bank statements, birth certificate of child/ren, proof of support, etc.For child petition – minor and over 21 years old and married child/ren, submit the birth certificate showing that the petitioner is the mother or father of the child/ren. Also, for an adopted child, the court order of adoption. For brother and sister petition, submit the birth certificate that the sibling – the son/s or daughter/s have at least one common parent. If the primary document is not available for some reason or another, you can submit secondary documents such as religious records – baptismal and marriage, school records, census records or joint affidavit of two disinterested persons who have personal knowledge of the birth or marriage detailing how the declarant acquired the knowledge. Preference Categories.There are four preference categories of a would-be immigrant, and this will dictate how soon he/she can apply for a green card. The first preference – unmarried son/s or daughter/s (21 years old or older) of U.S. citizens.The second preference is sub-divided into 2A and 2B:Second Preference 2A- spouse and minor children (under 21 years old) of legal permanent residents.Second Preference 2B – unmarried adult son/s or daughter/s (over 21 years of age) of legal permanent residents.Third Preference–married son/s and daughter/s of U.S citizens.Fourth Preference –brother/s and sister/s of U.S. citizens. What Will Happen Next?After the petition is filed, the beneficiary as well as the petitioner, will receive a notice of action or receipt stating that the petition has been received and assigned a priority date. Below is an example of receipt or notice of action:
Citizenpath, 2024 The beneficiary’s preference category will determine how long he/she will have to wait for a visa number. Simply put, he/she mustline up, take his/her number, and wait to be called, then he/she can go to the counter and start the process.For visa availability information, one can visit the Visa Bulletin page of the National Visa Center. Below is the chart for the May2024 Family-sponsored preference visa bulletin. The column for the Philippines indicates the priority dates where the visa is available and currently in processing. The spouse and minor child/ren of the U.S. citizen can immigrate immediately because their visa is always available. They do not have to wait compared to the other visa preferences. Based on the table below the preference with the longest waiting period is the married son/s and daughter/s and brother/s and sister/s of the U.S. citizen.US Department of State, 2024 If the beneficiary-relative is in the United States legally and the visa is available or current, he may apply immediately for a green card. We call this interchangeably as adjustment of status (AOS). Meaning, if you are in the United States on a tourist visa, student visa, working visa, asylee, etc. you can now change your immigration status to that of a legal permanent resident.
Lining up for USCIS interview in the U.S., National Catholic Reporter, 2023 In the same vein, if the beneficiary is in the Philippines, he/she can apply for a green card via consular processing. The National Visa Center will notify the beneficiary of the next steps, which include the fees, medical and documentary requirements. It will be concluded with an interview at the U.S. Embassy in Manila. When approved, a temporary green card sticker will be pasted on his Philippine passport. Only then, can you start preparing for your journey to the United States. Within 90 days from arrival in the United States you will receive your green card. In the next column we will discuss the consular processing and adjustment of status procedure.
Visa interview at the U.S. Embassy, Manila by Raymond Carl M. Dela Cruz