Filipino World War II Veterans Parole Program

Effective June 8, 2016, certain Filipino World War II veterans and their spouses that are U.S. citizens and lawful permanent residents (LPRs) may request parole for certain family members.

If approved for parole, your family members will be able to reunite in the United States before their immigrant visas become available.

This page provides additional information on:

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Definitions

Participants in the FWVP Program include:

Term Definition

Petitioner

The Filipino World War II (WWII) veteran or his or her surviving spouse who is a U.S. citizen or lawful permanent resident (LPR) living in the United States. If the Filipino WWII veteran and his or her spouse are both deceased, certain beneficiaries of approved or reinstated Forms I-130, may request parole on their own behalf. This is called self-petitioning.

Only qualified petitioners can file applications for benefits under the FWVP Program. Qualified petitioners must meet the eligibility requirements for petitioners.

Beneficiaries

Family members who may benefit from the relative petitions (Forms I-130) filed on their behalf and who may be paroled into the United States if approved under the FWVP Program.

Beneficiaries include the principal beneficiary, derivative beneficiaries and add-on derivative beneficiaries.

Principal Beneficiary

The family member for whom a Form I-130 was filed.

For example, the principal beneficiary could be an LPR’s spouse or unmarried child, or a U.S. citizen’s adult son or daughter, married son or daughter, or sibling.

Derivative Beneficiaries

The principal beneficiary’s spouse, and unmarried children under age 21. They may also be listed on the approved Form I-130.

These beneficiaries may be eligible for parole based on their relationship to the principal beneficiary. If the principal beneficiary is not approved for parole, the derivative beneficiaries will not be approved.

Add-On Derivative Beneficiary

In certain circumstances, if a principal beneficiary has married or has had a child since the Form I-130 was approved, that spouse or unmarried child under 21 may become a derivative beneficiary and be eligible for parole based on their relationship to the principal beneficiary.

Program Eligibility

Who is Eligible to Request Parole

You may request parole for your qualifying relatives if you meet the following requirements:

You may may request parole on your own behalf and on behalf of your spouse and children (unmarried and under 21) if:

  • The veteran and spouse are both deceased, and
  • You are the principal beneficiary of the Form I-130 submitted by the veteran or by the veteran’s spouse for a son or daughter who is also the son or daughter of a veteran.

Please see Self-Petitioners for additional information.

Requirements for Requesting Parole

If you meet the requirements above, you may request parole on behalf of a family member who meets the following criteria:

  • The family member is the beneficiary on a Form I-130 filed by the veteran or the veteran’s surviving spouse, and the form (which includes any accompanying spouse or child*) was approved on or before the date the petitioner requested parole; and
  • The beneficiary has a qualifying, legally recognized relationship with the veteran that existed on or before May 9, 2016.

*The principal beneficiary’s spouse and unmarried children under age 21 (known as derivative beneficiaries) may also be eligible for benefits under the FWVP Program. Derivative beneficiaries will only be considered for parole if the principal beneficiary is approved for parole. Derivative beneficiaries are not eligible for the FWVP Program on their own.

If you are the veteran’s surviving spouse, eligible beneficiaries only include your son or daughter who is also the son or daughter of that veteran. This includes step-children, legitimated children, children born out of wedlock and adopted children. You may request parole under the FWVP Program on behalf of these individuals, even if the deceased veteran filed the approved Form I-130 on which they are beneficiaries, as long as USCIS grants humanitarian reinstatement of that Form I-130 or grants relief under section 204(l).  See humanitarian reinstatement for more information.

Petitioners May Request Expedited Processing of Form I-130, Petition for Alien Relative

USCIS will review an expedite request on a case-by-case basis as a matter of discretion and the burden is on the petitioner to demonstrate that one or more of the expedite criteria have been met. See expedite criteria. If you are a Filipino WWII veteran or the veteran’s surviving spouse and want to request expedited processing of your new Form I-130 petition, include a cover letter with your I-130 indicating that you are the veteran or the surviving spouse, that you are interested in the FWVP program, and that you are requesting expedited processing. After you have received a receipt notice from USCIS, you should also call the USCIS Contact Center (For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833) to request expedited processing.

If you have already submitted your Form I-130 but it has not yet been adjudicated, you may call the USCIS Contact Center to request expedited processing.

If your Form I-130 is approved, you may subsequently file Form I-131 for your eligible beneficiaries with a photocopy of Form I-797, Notice of Action (the Form I-130 approval notice), and other required documents listed in How to Request Parole.

NOTE: You cannot file Form I-130 together with Form I-131, Application for Travel Document. Your Form I-130 must be approved before you can file Form I-131.

Self-Petitioners

If the veteran and the veteran’s spouse are both deceased, you may request parole on your own behalf, and on behalf of your spouse and minor children (unmarried and under 21), if you establish that:

  • The deceased Filipino veteran had qualifying WWII military service, as noted above, and was living in the United States at the time of death;
  • The Filipino veteran's spouse is also deceased; and
  • You are the son, daughter, brother or sister of the deceased Filipino veteran, and that relationship existed on or before May 9, 2016.

In addition, before USCIS may consider your request for parole, one of the following conditions must be true:

  • USCIS approves the Form I-130 (on which you are a principal beneficiary) while the petitioner is alive, and then after the petitioner’s death USCIS grants reinstatement of the Form I-130 under 8 CFR 205.1(a)(3)(i)(C)(2) or grants relief under INA 204(l); or
  • Where the petitioner dies while the Form I-130 is pending, and the beneficiary or derivative beneficiary was living in the United States at the time of the petitioner’s death and is still living in the United States, USCIS subsequently approves the Form I-130 under INA 204(l).

For more information on how to request humanitarian reinstatement of Form I-130, please see the USCIS webpage on humanitarian reinstatement.

Because many individuals seeking parole as a family member of a Filipino war veteran are at an advanced age, you may call the USCIS Contact Center to request expedited processing for a pending humanitarian reinstatement request. Tell the representative that you will be requesting parole under the FWVP Program.

Form I-131 may only be filed after Form I-130 is approved. However, you may file Form I-131 concurrently (together) with a request for humanitarian reinstatement or while such a request is pending. If you file Form I-131 while a humanitarian reinstatement request is pending, include a copy of the pending request with your application packet.

USCIS will not consider the Form I-131 until the humanitarian reinstatement request is considered, and then only if the request is granted.

For concurrent filing, send the following documents to the FWVP Lockbox address:

  • A cover letter indicating that the Form I-131 and a humanitarian reinstatement request are being filed together;
  • The humanitarian reinstatement request completed by the I-130 principal beneficiary, with supporting documentation. There is no separate fee to request humanitarian reinstatement;
  • Form I-131 completed by the qualified FWVP petitioner, with supporting documentation and the required fee or fee waiver request;
  • The previously approved Form I-130; and
  • A legally binding Form I-864, Affidavit of Support, filed by an eligible sponsor with required financial documentation. By submitting Form I-864 with a concurrent filing, you do not need to also include Form I-134, Affidavit of Support. Do not substitute Form I-134 for the Form I-864.

FWVP Program Eligibility

Read this chart from left to right to determine who you are eligible to request parole for. Column 1 refers to who you are – the Filipino World War II veteran, the veteran’s surviving spouse, or the veteran’s child, brother or sister. Column 2 refers to the petitioner who filed the Form 1-130 that USCIS approved. You cannot request parole without an approved Form I-130. Column 3 specifies who you can request parole for, based on who you are and who filed the approved Form I-130.

Who Are You? Who Filed the Form I-130, Petition for Alien Relative, that USCIS Approved? For Whom Can You Request Parole Under the FWVP Program?

A Filipino World War II (WWII) veteran whose military service has been recognized by the Department of Defense

You, the Filipino WWII veteran

Any of the beneficiaries of your approved Form I-130, Petition for Alien Relative, as long as your relationship with them existed on or before May 9, 2016.

This may include:

  • Your sons and daughters and their spouses, and their unmarried children under 21 years of age; and
  • Your brothers and sisters and their spouses, and their unmarried children under 21 years of age.

The surviving spouse of a Filipino WWII veteran whose military service was recognized by the Department of Defense

Your spouse, the Filipino WWII veteran, now deceased

Any of the beneficiaries of your veteran spouse’s Form I-130, as long as:

  1. The veteran’s qualifying relationship with them existed on or before May 9, 2016; and
  2. USCIS approved the Form I-130 before your spouse died and then reinstated the approval either under 8 CFR 205.1(a)(3)(i)(C)(2) or granted relief under 204(l); or the Form I-130 was not approved before your spouse died, but at least one beneficiary was living in the United States at the time of the petitioner’s death and is still living in the United States, and USCIS approved the Form I-130 under INA 204(l).

This may include the veteran's:

  1. Sons and daughters and their spouses, and their unmarried children under 21 years of age; and
  2. Brothers and sisters and their spouses, and their unmarried children under 21 years of age.

You, the veteran’s surviving spouse

Certain beneficiaries of your approved Form I-130, as long as:

  1. They are also your veteran spouse’s sons and daughters (including their spouses, and their unmarried children under 21); and
  2. The veteran’s qualifying, legal relationship with them existed on or before May 9, 2016.

The following Form I-130 beneficiaries are not eligible for the FWVP Program:

  • Your sons or daughters who are not also your veteran spouse’s sons or daughters; and
  • Your brothers or sisters, and their spouses and children.

The son, daughter, brother, or sister of a deceased Filipino WWII veteran whose military service was recognized by the Department of Defense, and the veteran’s spouse is also deceased

The Filipino WWII veteran or the veteran’s spouse, who are now both deceased

You are eligible to self-petition to the FWVP Program on behalf of yourself and any qualifying derivatives as long as:

  1. USCIS approved the Form I-130 on which you are listed as a beneficiary before the petitioner died and then reinstated the approval either under 8 CFR 205.1(a)(3)(i)(C)(2) or granted relief under 204(l); or
  2. The Form I-130 was not approved before the petitioner died, but at least one beneficiary was living in the United States at the time of the petitioner’s death and is still living in the United States, and USCIS approved the Form I-130 under INA 204(l);

AND

  1. Your qualifying relationship with the Filipino WWII veteran existed on or before May 9, 2016; and
  2. The veteran was residing in the United States at the time of his or her death.

You are not eligible to self-petition on your own behalf if:

  • USCIS approved the Form I-130 before the petitioner died but has not reinstated the approval (in this case, the principal beneficiary may concurrently request humanitarian reinstatement); or
  • The Form I-130 was not approved before the petitioner died, and you have not been granted relief under INA 204(l); or
  • The Form I-130 petitioner is still living. (In this case, the petitioner must apply for the FWVP Program on your behalf).

You are not eligible for the FWVP Program if:

  • You are the son or daughter of the veteran’s spouse but not the son or daughter of the veteran; or
  • You are the brother or sister of the veteran’s spouse.

Family Members in the United States

While the FWVP Program is primarily intended for family members outside of the United States, certain relatives in the United States may be able to benefit from the program. However, if a service center conditionally approves your application, your relative will need to leave the United States and appear abroad at a USCIS office or at a U.S. Embassy or Consulate, as indicated on the Form I-131, to be interviewed by a USCIS or Department of State officer.

If found eligible to travel, your relative will be issued a travel document to allow your relative to travel to the United States and request parole from a U.S. Customs and Border Protection (CBP) officer at a port of entry. CBP will review the documents and, assuming all is in order, parole your relative into the United States. If not found eligible to travel, we will send a written notification to the FWVP Program petitioner.

Depending on an individual’s status in the United States, a departure from the United States can come with serious immigration consequences. Before pursuing this option, individuals are encouraged to consult with an authorized immigration service provider on the potential risks and benefits of this option.

Alternatively, certain family members in the United States may be eligible for parole in place or deferred action under USCIS’ discretionary options for current or former military family members.

Who is Not Eligible

Participation in the FWVP Program is not available to people who qualify as immediate relatives, since they may immediately seek immigrant visas for travel to the United States once their Forms I-130 are approved. Immediate relatives include:

  • Spouses of U.S. citizens;
  • Unmarried children under 21 years of age of U.S. citizens; and
  • Parents of U.S. citizens over 21 years of age.

Note: If you are the beneficiary of an approved Form I-130, and your petitioner (the Filipino WWII veteran or spouse) in the United States is still living, you cannot request parole for yourself or your family members under the FWVP Program. Your U.S.-based petitioner must file on your behalf.

Age Limit for Derivative Beneficiaries

There is no age limit for a principal beneficiary of a Form I-130 to qualify for the FWVP Program. However, any derivative children must be under the age of 21 on the date that we receive your properly filed request to be considered for parole under this program. Forms I-131 submitted for derivative children who are 21 years of age or older on the date we receive the properly filed application will be denied. We will not return the associated filing fees. We will continue to process the applications for any other beneficiaries, including the principal beneficiary and his or her spouse and unmarried children under 21.

Circumstances That Could Affect Eligibility

Becoming a U.S. Citizen

If you are a Lawful Permanent Resident and become a U.S. citizen after you have properly filed your FWVP Program application, there are two options.

  • You may choose to have your “immediate relatives” continue to be processed for parole.  If the “immediate relatives” are paroled into the United States under the FWVP Program, they are expected to apply for lawful permanent resident status (a Green Card) after entry because immigrant visas are immediately available.
  • Alternatively, you may choose to have your “immediate relatives” processed for immigrant visas at the U.S. Embassy or Consulate after they pay all applicable immigrant visa fees.

If you become a U.S. citizen before you request parole under the FWVP Program, we will deny any applications filed on behalf of “immediate relatives."

Marriage

A change in the marital status of a Form I-130 beneficiary relative could affect your relative’s eligibility for the FWVP Program.

Relatives who are not eligible for the FWVP Program if they are married include:

  • A child for whom a Form I-130 under the family-based second preference was filed. The second preference is available to LPRs who wish to bring spouses and unmarried children to the United States, regardless of the age of the children. If your child has married since we approved the Form I-130, he or she is no longer a child under the INA and is not eligible to benefit from the visa petition.
  • A child of the principal beneficiary for whom a Form I-130 was filed, otherwise known as a derivative child. If the child has married since the Form I-130 was approved, he or she is no longer a child under the INA even if he or she is under 21 years of age, and may not derive status from the principal beneficiary.

Requesting Parole Under the FWVP Program

Filing Tips

  • Petitioners (including self-petitioners) will be required to file FWVP Program applications for all family members associated with the same underlying approved Form I-130 at the same time. Derivative beneficiaries will only be considered for parole if the principal beneficiary on the Form I-130 is approved for parole. Derivative beneficiaries are not eligible for the FWVP Program on their own, and any Form I-131 applications you file on their behalf will be denied if the principal beneficiary is not approved for parole.
  • Requesting the Addition of a Spouse or Child to an Approved Form I-130 (Add-on Derivative Beneficiaries).  If a principal beneficiary has married or has had a child since the underlying Form I-130 was approved, and the spouse and/or child could be considered as “add-on” derivative beneficiary in the immigrant visa context, you may file an FWVP Program application on behalf of that principal beneficiary’s spouse and child under age 21 (often referred to as an “add-on” derivative).
  • Derivative children listed on the approved Form I-130 who are already, or who will be, 21 years of age or older before you properly file an FWVP Program application, will not be eligible for the FWVP Program. The date an application is considered filed is the date that it is received by USCIS. If you file an application on behalf of a derivate child and we receive it after the child has turned 21 years of age, we will deny your application.

How to Request Parole

If you (the petitioner or self-petitioner) want your relatives considered for the FWVP Program, you must follow the FWVP Program-specific application instructions listed below and submit the required documentation to the Lockbox:

  1. Complete Form I-131, Application for Travel Document;

Complete a separate Form I-131 for each family member eligible to participate in the FWVP Program.

  • Complete parts 1, 2, 7, 8 and 9 of Form I-131;
    • Note that Part 1 requests information about you, the petitioner (or self-petitoner).
    • Under Part 2, Application Type, check box 1.F, I am applying for an Advance Parole Document for a person who is outside the United States (Note: check this box even if your beneficiary is currently residing in the United States); Items 2.A-2.P request information about your family member, the beneficiary
    • Under Part 8, sign it yourself, as the petitioner (or self-petitioner);
  • Write "FWVP" in capital letters at the top of the Form I-131;
  • Include a photocopy of your Form I-797, Notice of Action, Form I-130 approval notice, a printout from Case Status Online which shows the approval of an Form I-130, or other evidence of your Form I-130 approval; and
  • Include the applicable fee or fee waiver request. (Applicants may request a fee waiver by submitting Form I-912, Request for Fee Waiver. For instructions, please see USCIS’ Fee Waiver Guidance.)
  • If you are eligible to self-petition, you must also submit evidence to establish a qualifying family relationship with the deceased veteran and evidence of reinstatement or 204(l) relief of your Form I-130.
  1. Complete Form I-134, Affidavit of Support:
  • Complete a separate Form I-134 with supporting documents for each family member (including yourself, if you are a self-petitioner). Follow the form instructions provided on the Form I-134 Web page. As needed, you may submit Form-134 affidavits from multiple sponsors to provide sufficient evidence that the sponsors have adequate income or financial resources to support each family member. There is no filing fee for Form I-134.
  • If you are filing your Form I-131 with a request for humanitarian reinstatement, you only need to include Form I-864. You do not need to complete Form I-134.
  • If you are concurrently filing a request for humanitarian reinstatement with the Form I-131, or a request for humanitarian reinstatement because a previous request was denied, you must include a request by the principal beneficiary of the Form I-130 petition and include all supporting documents as described above.
  1. Include evidence that you are either a Filipino World War II veteran, as described under section 405 of IMMACT’90, as amended by Section 112 of Department of Justice Appropriations Act, 1998, or are the surviving spouse of such individual. If you are a self-petitioner, include evidence that you are the son, daughter, brother or sister of the deceased Filipino veteran, and that relationship existed on or before May 9, 2016; that the deceased Filipino veteran had qualifying WWII military service, as noted above, and was living in the United States at the time of death, and that the veteran’s spouse is also deceased.
NOTE: You must submit a separate Form I-131 and a separate Form I-134 for each relative you wish to have considered for parole under the FWVP Program. You must also pay any applicable fees for each application or request a fee waiver.

Submitting Your Application Packet

You must file for all eligible relatives associated with the same approved Form I-130 at the same time so that they can be processed together. Submit all applications and associated supporting documents, including filing fees or a fee waiver request, in one package to this address only:

USCIS
PO Box 8500
Chicago, IL 60680-4120

Failure to submit applications together may impact our ability to determine their program eligibility, and we may deny of all or some of the related applications.

You cannot file your application electronically through our online filing system at this time.

Costs

You must pay the fees for Form I-131, Application for Travel Document, for each application you submit for a family member, or you can apply for a fee waiver. There is no fee for Form I-134, Affidavit of Support. Fees are subject to change; you should check the USCIS fee schedule before filing any petition or application. You must also cover all costs associated with attending an interview abroad, including completion of a medical examination and travel to the United States.

Processing Your Application

The grant of parole is not automatic. We will use our discretion to authorize parole on a case-by-cases basis. We will generally only authorize parole to beneficiaries who meet the FWVP guidelines and also:

  • Pass criminal and national security background checks;
  • Pass a medical exam; and
  • Warrant a favorable exercise of discretion

After you file your application at the USCIS Lockbox, the package will be forwarded to a USCIS service center for adjudication. The service center will verify that you are qualified to submit the application and will review the documentation to determine whether your beneficiary may be qualified for parole. The service center may request additional evidence, deny, or conditionally approve your application.

If the service center conditionally approves your application, it will be forwarded to the Department of State’s (DOS) National Visa Center (NVC). The NVC will transfer your case to the USCIS office or U.S. Embassy or Consulate abroad where your beneficiary relative will be interviewed.

If we deny your Form I-131, the decision is final. However, your beneficiary may still be eligible for immigrant visa processing based on the approved Form I-130 filed on their behalf. When the beneficiary’s immigrant visa becomes available, he or she can begin the process of applying for an immigrant visa.

It may take approximately six months to process an FWVP application from the time we receive your application to issuance of a travel document. The time required to reach a decision on a case will vary depending on the issues raised and whether we require additional evidence.

Request for Evidence

If the service center finds that an application lacks required evidence or that additional evidence or information is required, they will send you a Request for Evidence (RFE). You must provide the evidence requested by the RFE, or establish that the evidence is not available and submit secondary evidence in its place. Your application may be denied if you do not respond to the RFE within the required time frame.

Beneficiary Interview

NOTE: Please do not try to schedule an appointment directly with a USCIS International Field Office or a U.S. Embassy or Consulate. You will be notified when an interview appointment has been scheduled.

Depending on your location, you (the principal beneficiary) may be interviewed by a USCIS or DOS consular officer at a U.S. Embassy or Consulate. After receiving the application from the NVC, USCIS or DOS will schedule an interview appointment and provide information regarding any pre-interview requirements, including instructions on completion of a medical examination.

On the date of interview, USCIS staff or DOS consular officers will interview all your eligible family members to verify identities and confirm eligibility for parole under the FWVP Program.

Preparing for the Interview

On the date of their interview, all eligible family members should bring:

  • A government-issued form of identification;
  • Passport;
  • Original civil documents supporting their eligibility for the program, in addition to certified English translations of these documents;
  • Medical examination results; and
  • A copy of your interview schedule appointment notice.

Post-Interview Process

NOTE: Beneficiaries should NOT take any permanent actions—such as selling or buying property, terminating employment or withdrawing from school—until they have their FWVP Program parole travel document in their hands.

If travel is approved:

  • U.S.Embassy staff will issue the necessary travel documents. These documents allow travel to the United States and request parole from a CBP officer at a port of entry. CBP will review the documents and, assuming all is in order, can decide to parole you into the United States in their discretion for 3 years.
  • All eligible family members must arrange and pay for their own travel.

If travel is not approved:

  • We will send a written notification to you and your family members if travel to the United States is not approved.

If We Deny Parole

  • Our decision to deny parole authorization is final, and there is no right of appeal.
  • If we deny parole authorization under the FWVP Program, Form I-130 beneficiaries may still be eligible for immigrant visa processing based on the approved Form I-130 when the immigrant visa becomes available.
  • In certain circumstances, the reason that parole authorization was denied may also cause us to revoke the approval of your underlying Form I-130. If the Form I-130’s approval is revoked, you will no longer be eligible for an immigrant visa. We will make these determinations on a case-by-case basis.

What It Means to be a Parolee

Parole is temporary and, in and of itself, does not lead to an immigration status or make you eligible for lawful permanent residence, a “Green Card.” It simply allows you to remain in the United States for the period of time that parole is authorized (generally 3 years for an individual paroled under the FWVP Program) and to apply for work authorization. To get LPR status (a Green Card), you must apply for and meet the eligibility requirements of LPR status.

Work Authorization

Once you are paroled into the United States under the FWVP Program, you will be eligible to apply for work authorization from USCIS. You must submit Form I-765, Application for Employment Authorization, with the required fee or fee waiver request, if you wish to apply for work authorization.

Re-Parole

If you are paroled into the United States under the FWVP Program, you are expected to apply for LPR status (a Green Card) once your visa becomes available. Based on information in the Visa Bulletin, it may be many years before visas for FWVP beneficiaries will become current. It is your responsibility to seek re-parole in the United States until you are eligible to adjust status. You should apply for re-parole at least 90 days before your parole expires.

If you remain in the United States past the period of your parole without applying for adjustment of status or applying for an extension of your parole period, you will be present in the United States unlawfully. This can have serious immigration consequences.

Applying for a Green Card

Once your immigrant visa becomes available, you must apply for LPR status (a Green Card). To do this, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the required fee. Instructions on how to file the Form I-485 are provided at uscis.gov/i-485. There is no fee waiver for the Form I-485 for applicants who entered the United States under the FWVP Program.

Please note that if you were ever unlawfully present or worked without authorization in the United States, you may need to apply and be processed overseas for an immigrant visa instead of applying for LPR status in the United States.

Protecting Yourself from Fraud

As you begin requesting parole under the FWVP Program, it is helpful to remember:

  • USCIS and DOS strongly urge you and your family members to remain vigilant about the possibility of individuals who claim to be U.S. government representatives asking for money. These individuals, often called “scammers,” may attempt to trick you into paying them by offering to help file applications for the FWVP Program. To learn more about common immigration scams and how to report scammers, please visit our Avoid Scams Web page.
  • Websites ending in ".gov” are official government websites. Information on official U.S. government websites ending in “.gov” is official and correct. Official U.S. government email addresses also end in “.gov,” and any correspondence coming from an address that does not end with “.gov” should be considered suspect.
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