The Filipino World War II Veterans Parole (FWVP) Program, effective June 8, 2016, allows certain eligible U.S. citizens and lawful permanent residents (LPRs) to request parole for their eligible family members.

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

Video: USCIS Director León Rodríguez Announces FWVP Program
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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 be eligible to request parole for your qualifying relatives if you meet the following requirements:

In certain circumstances, petitioner can request parole on their own behalf. Please see Self-Petitioners.

Requirements for Requesting Parole

A qualified petitioner can request parole on behalf of a family member (beneficiary) who meets the following criteria:

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

*The principal 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 surviving spouse of a Filipino World War II veteran, eligible beneficiaries only include your son or daughter who is also the son or daughter of the Filipino WWII 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 approved Form I-130 on which they are beneficiaries was filed by the deceased veteran, as long as that Form I-130 was reinstated or, if pending at the time of the petitioner’s death, was subsequently approved by USCIS.

Self-Petitioners

If the Filipino WWII veteran and the veteran’s spouse are both deceased, certain eligible individuals will still be allowed to seek parole on their own behalf, provided that:

  • USCIS approved the Form I-130 on which they were a principal beneficiary while the petitioner was alive, and then reinstated the approval after death under INA 204(l) or 8 CFR 205.1(a)(3)(i)(C)(2); or
  • The petitioner died before USCIS had approved the Form I-130, but at least one beneficiary was living in the United States at the time of the petitioner’s death and still lives in the United States, and USCIS approved the Form I-130 under INA 204(l).

In such cases, the self-petitioner must establish that:

  • He or she is the son, daughter, brother or sister of the deceased Filipino veteran, and that relationship existed on or before May 9, 2016;
  • 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
  • The Filipino veteran’s spouse is also deceased.
NOTE: Read more information on how to request humanitarian reinstatementfor a previously approved Form I-130 that was revoked upon the death of the I-130 petitioner. Read more information on basic eligibility to seek relief as a surviving relative when at least one beneficiary resides in the U.S.

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.     Your 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 INA 204(l) or 8 CFR 205.1(a)(3)(i)(C)(2); orThe 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.     Your qualifying, legal relationship with them existed on or before May 9, 2016.

The following Form I-130 beneficiaries arenot 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 apply 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 INA 204(l) or 8 CFR 205.1(a)(3)(i)(C)(2); 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 apply on your own behalf if:

  • USCIS approved the Form I-130 before the petitioner died but has not reinstated the approval; or
  • The Form I-130 was not approved before the petitioner died, and has not been approved 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.
Filipinos in the United States

While the FWVP Program is 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 of his or her choosing 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 accredited immigration attorney on the potential risks and benefits of this option.

Alternatively, relatives in the United States may be eligible for parole under USCIS’ parole in place policy for spouses, children and parents of current or former members of the U.S. armed forces. See more information on parole in place or contact your local USCIS office by making an online appointment.

Who is Not Eligible

Participation in the FWVP Program is not available to people who qualify asimmediate 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, you live outside the United States, and your petitioner 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 application 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 an LPR and become a U.S. citizen after you have properly filed your FWVP Program application, you may choose to have your “immediate relatives” continue to be processed for parole.  Alternatively, you may choose to have them processed for immigrant visas after you 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 second family-based preference was filed. 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, therefore, not eligible to benefit from the visa petition. 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.
  • 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 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, 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) 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.
    • 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;
  • 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.)
  1. Complete Form I-134, Affidavit of Support:

Complete a a separate Form I-134 for each family member. Follow the form instructions provided on the Form I-134 Web page. As needed, you may submit Forms-134 from multiple sponsors to provide sufficient evidence that the sponsors have income or financial resources to support each family member.

  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. As 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 eligibility requirements 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 you and the derivative beneficiaries to verify your identities and confirm your eligibility for parole under the FWVP Program.

Preparing for the Interview

On the date of their interview, you 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 your travel is approved:

  • U.S. Embassy staff will issue you the necessary travel documents. These documents allow you to 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, parole you into the United States for three years.
  • You must arrange and pay for your own travel.

If your travel is not approved:

  • We will send a written notification if you are not approved for travel to the United States. Your petitioner will also receive written notification of the decision.

If We Deny Parole

  • Our decision to deny parole is final, and there is no right of appeal.
  • If we deny your parole under the FWVP Program, you may still be eligible for immigrant visa processing based on the approved Form I-130 filed on your behalf. If you are still eligible to apply for an immigrant visa, you may do so when your immigrant visa becomes available.
  • In certain circumstances, the reason that parole 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 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.

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.