By Kaela Patricia B. Gabriel and Erika Mae P. Sinaking, Reporter
FILIPINOS could better cope with the stronger implementation of the United States Citizenship and Immigration Services’ (USCIS) policy on the adjustment of status by preparing documented evidence of “extraordinary circumstances,” an immigration expert said over the weekend.
In an interview, New York-based immigration lawyer Nicolas M. Caraquel explained that the adjustment of status policy memorandum is just a reiteration of the US’ existing law, noting that immigrants may still apply for permanent residency but will be faced with a stricter scrutiny of requirements.
“The Trump administration did not remove that. It is just saying that for you to be able to get your green card in the United States, you have to prove extraordinary circumstances,” Mr. Caraquel told BusinessWorld.
He noted that the policy memorandum is just a reiteration of the existing provisions in the US immigration law which mandates foreigners to process their green card applications through the American consulates in their home countries.
The USCIS on May 21 issued a policy memorandum reiterating that foreigners seeking permanent residency in the US must return to their home countries and apply from there unless an extraordinary circumstance is identified.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply,” USCIS spokesperson Zach Kahler said in a statement.
Philippine Ambassador to the US Jose Manuel “Babe” G. Romualdez in an interview with GMA News said that about 100,000 to 200,000 Filipinos may be impacted by the policy memorandum.
Mr. Caraquel advised that Filipinos in status, or those who are eligible for the green card, should document their eligibility and pieces of evidence for extraordinary circumstances by proving one’s ties to the US, be it in the form of employment or relation to another qualified citizen, children, or spouse.
“If you get married to a US citizen and if you will be sent outside the United States to apply for the green card outside or [at] the embassy, then whether or not your spouse will suffer hardship, whether it’s financial or medical, then you might have a very good chance of getting your green card,” he explained.
However, he warned that while immigrants may still apply for a permanent residency, the implementation of the policy memorandum would be particularly more difficult for those who are “out of status,” referring to those who have entered the US illegally or those whose immigration visas have already expired which may lead to deportation.
He also cautioned that the identification of extraordinary circumstances does not guarantee approval.
“Even if you already have identified them, you also have to plan for the strategy on how you are going to convince the officer. Because it’s now being discretionary to the interviewing officer whether or not extraordinary circumstances exist,” Mr. Caraquel added.
The USCIS policy memorandum has directed immigration officers to weigh all evidence and the totality of circumstances when determining if an alien is suitable for permanent residence, implying a tightened enforcement of their existing immigration policies.
Mr. Caraquel also advised Filipinos to seek legal input as the stricter implementation of the adjustment of status policy looms instead of relying on the experiences of peers who had gone through the process of green card applications.
“We used to get inputs from our neighbors and our friends or even [on] social media to get legal advice,” Mr. Caraquel said. “But I think with the new policy, though, it’s highly recommended that you get or you seek legal advice, especially from experienced immigration lawyers.”
DEPORTATION RISKS
Meanwhile, Mr. Caraquel said Filipino J-1 visa holders and other temporary migrants in the United States could face higher risks of deportation under the stricter enforcement of the law.
He said that immigration officers have already begun questioning why applicants are choosing adjustment of status. “So far, the first question they are going to ask is, why are you choosing adjustment of status over consular processing?” he said.
The shift targets those on non-immigrant visas — including tourists and exchange visitors — who attempt to bypass the law’s intent that they apply for residency from their home countries.
This crackdown is particularly problematic for the estimated 309,000 undocumented Filipinos in the US, according to Mr. Caraquel, adding that those without legal status could face immediate detention or deportation during interviews.
“The risk of deportation is becoming imminent with the recent policy,” he said. “There are cases where you may not even be able to leave the interview room because you could already be detained.”
Applicants face a “presumption of fraud” for marriages within 90 days of arrival, though approvals remain possible under “extraordinary circumstances” such as financial dependence or a sick US citizen spouse, he said.
“If there are extraordinary circumstances, the government may still allow you to apply for the green card,” he said.
He added that some visa categories, including H-1B specialty occupation visas and fiancé visas, still benefited from “dual intent” provisions under US law, allowing holders to pursue permanent residency while remaining on temporary visas.
“If you are out of status and you do not have extraordinary circumstances, think carefully first before applying,” he said.
Dante Francis “Klink” M. Ang II, chairperson of the Commission on Filipinos Overseas, said on Friday that Washington remains “happy” with Filipino J-1 participants because they generally follow contractual obligations to return home.
Despite the US expanding the J-1 skills list to include nuclear power technology, Mr. Ang urged those intending to migrate permanently to follow “regular migration pathways” to avoid becoming vulnerable to abuse.
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