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Founded in 1986
Founding Publisher/Editor:
Lito A. Gajilan
Columnists:
Atty. Michael J. Gurfinkel
Joseph G. Lariosa
Gani P. Tolentino
Ted L. Reyes
Atty. Reuben S. Seguritan
Photographers:
Butch Gata
Sheryl Garcia
The opinions expressed by columnists are their own and do not reflect the opinion of the paper nor that of the publisher
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For the past 20 years, The Filipino Express has provided the Filipino American community the best news, arts and entertainment coverage from around the United States and the Philippines.
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This website includes selected articles from this week's edition of the Filipino Express. Not all the stories published in the printed version appear on this site.
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To tell us what you think about Filipino Express Online or to comment on the stories published here, E-mail us at Filexpress@aol.com
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IMMIGRATION and Customs Enforcement also known as ICE sent a chilling message to the Filipino community last week when yet another Filipino household was raided in an early morning surprised visit.
Last week’s visit was certainly not the first time ICE officers sent a cold breeze to the New York-New Jersey area Filipinos. ICE officers also raided a Filipino household in Elmhurst, NY on October 2006. Filipinos were also involved in various reports of ICE raids in factories and restaurants in New Jersey.
A few years ago another Filipino family in San Francisco, CA made headlines when they were also raided and was eventually deported. Shortly after 9-11 another family from Kentucky was arrested and deported along with hundreds more Filipinos aboard a charter plane.
These cases seem nothing but a handful. But the reality is that such ICE raids, arrests, detention and deportation are a common occurrence within the Filipino community. There are many stories about Filipino families and individuals being sought by ICE officers, some have been deported and many are languishing in ICE detentions across the country.
For a minute, many Filipinos always believe that our community is immune from such attacks such as those constantly happening to the Arab, South Asian and Mexican communities. So seldom we see such ICE raids on the news. But that is precisely because people are afraid to speak up.
Worse, many Filipinos, especially those who have no immigration issues are in denial that ICE raids are a serious concern within the Filipino community. But reality is indeed hard to swallow. And that reality is the Filipinos are among the top undocumented population in the US. And with that fact, our community will also remain on the list of communities that ICE will constantly keep an eye on. There will be more ICE raids on Filipinos.
Who among Filipinos here do not know anyone personally who is an undocumented (aka TNT)? Or at least in the “process” of getting their papers resolved? Perhaps only a few. But it doesn’t matter if we do or we don’t. It matters that our fellow Filipinos who are struggling in the US and are working just as hard as any other Filipinos and immigrants are under attack.
It may be easy to dismiss that it’s their fault they allowed themselves to become undocumented. But We also must realize that if they had a choice, like most of us, would not risk coming to the US. If only the Philippine economy is as bright and as promising as was painted during the last State of the Nation address of Mrs. Arroyo, Filipinos would not leave at an alarming rate of 3,400 a day.
Being a Filipino American with a green card or blue passport does not give us the license to ignore our fellow Filipinos. Such privilege does not allow for us to be dismissive of our fellow Filipinos. Most of all, it is not a crime to be concern about the rights and welfare of fellow Filipinos regardless of their immigration status.
If we can give alms to the poor and the homeless we can also lend an ear and open our hearts to our Kababayans right here in our very own neighborhoods.
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USCIS Issues Guidelines:
RN’s And PT’s Must File By 7/31/2007
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(Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at 212 695 5281 or log on to his website at www.seguritan.com)
When the USCIS announced last July 17 that it would accept adjustment of status applications based on employment through August 17, 2007 there were few details on how it intended to implement said policy.
Immigration lawyers raised questions relating to filing fees, incomplete documents, medical examination reports and priority dates. On July 23, the USCIS clarified some of the issues.
Concurrently Filed EB I-140/I-485 without the Required Labor Certification
An approved labor certification application is a requirement by the USCIS in accepting an I-140 employment-based petition. The I-485 will not be accepted if the I-140 is without the approved labor certification.
The USCIS will also reject an application based on missing or incorrect filing fees and missing signature.
Where to file the Employment Based Adjustment Applications
This may be filed at either the NEBRASKA SERVICE CENTER or the TEXAS SERVICE CENTER. However, through August 17, 2007 only, those filed at the CALIFORNIA and VERMONT Service Centers will not be rejected but will be relocated to the appropriate Service Center.
Filing fees
There would be no change in the filing fees of $180 for Forms I-765 and $170 for Form I-131. They will remain in effect through August 17 for those aliens eligible to file an employment-based adjustment of status application in accordance with the July Visa Bulletin No. 107.
The new fee of $475 applies to Forms I-140 regardless if it is concurrently filed or not with an employment-based adjustment application when filed on or after July 30, 2007.
Priority Dates and Acceptance
The USCIS will not accept employment-based adjustment of status applications under July Visa Bulletin No. 107 if the priority date is August 1, 2007 or later. This means that Schedule A applicants such as Registered Nurses and Physical Therapists must file their I-140 petition no later than July 31, 2007.
On the other hand, the USCIS will accept adjustment applications under July Visa Bulletin no. 107 if the priority date is before July 31, 2007, even if the certification is granted after August 1, 2007, provided they are submitted by August 17, 2007.
For those aliens with a priority date on or after August 1, 2007, USCIS will accept properly filed Form I-140 while for those filed by aliens with a priority on or after August 1, 2007, the USCIS will reject any concurrently filed adjustment of status applications. This is pursuant to August Visa bulletin No. 109.
Medical Examination Report
USCIS will accept adjustment of applications filed even without a completed medical examination. This is pursuant to Visa Bulletin no. 107. In such instances, the USCIS would then issue a request for evidence.
Deadline of the Application
The deadline for the application is August 17, 2007. Those delivered, accepted or arriving on August 18, 2007 will be rejected.
Processing Dates and Procedures
Depending on the availability of visa numbers based upon their individual priority dates, the processing time may be shorter or longer. Thus, the applicants are advised from time to time to monitor the State Department’s visa bulletin to determine whether a visa number becomes available.
It is also expected that depending on the volume of applications received, delay may result particularly in the issuance of receipt notices. The result would be posted on the website of USCIS.
With regard to the applicants filing a Form I-485 which does not contain a copy of an I-797 receipt notice for a previously file Form I-140, they should put a brightly colored sheet of paper on top of the filing with the following notice and information, to wit:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition (type, e.g. I-140) was delivered to (Service Center) on (provide date of filing and tracking number); Petitioner’s name; Beneficiary’s name; Beneficiary’s date of birth and beneficiary’s country of birth.
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CHICAGO, Illinois (JGL) – Success has many fathers. The impending breakthrough of the Filipino Veterans Equity Act before the U.S. Congress is making it so.
A recent mass email posted by retired Col. Frank B. Quesada, a Filipino World War II veteran, warned the Filipino veterans community of a high-profile, self-styled lobbyist for Filipino veterans who is spreading disinformation on veterans causes.
Mr. Quesada claims that a certain E. Furbeyre alias E. Lachica had once upon a time claimed in a press release that the U.S. “Congress supposedly passed (Rep. B. Gilman’s (Filipino Veterans Equity sponsored)” bill.
Mr. Romy Marquez, editor-publisher of Philippine Village Voice in San Diego,also posted an item quoting Rep. Bob Filner (D-San Diego) as saying, Mr. Eric Lachica, executive director of the American Coalition for Filipino Veterans, is doing something “terrible.”
Mr. Lachica is collecting $10 membership fees from 4,000 members of the ACFV that Mr. Filner described as a “scam.”
Marquez added that Mr. Filner also blamed Mr. Lachica as the one who “sold us out’ in congressional deliberations by pruning down veterans' demand for fullequity to the detriment of the great majority of veterans in the United States and the Philippines.
FILNER DENIES “SCAM”
However, another reporter, Miss Jennie L. Ilustre, quoted Congressman Filner as denying the “scam” attributing to him in describing Mr. Lachica’s activity for collecting membership fee.
Mr. Filner stood by Marquez’ account that he (Filner)“disagreed with Mr. Lachica’s strategy and the amounts regarding the equity pension bill.”
For me, I don’t see anything wrong with Mr. Lachica collecting $10 membership fee from the veterans for as long as he declares his collection in his financial report, granting that his ACFV is a registered non-profit corporation. But if ACFV is not a registered non-profit corporation, then the collection becomes a scam.
In the same way that I do not see anything wrong with the NAFVE (National Alliance for Veterans Equity) launching a nationwide drive to raise $100,000 to cover campaign costs, office expenses and salaries of two legislative consultants to drum up support for the equity bill for as long as its officers register NAFVE as a non-profit corporation and incorporate the $100,000 they collect in their financial report.
HELP LEGAL FUND
In fact, I would like to encourage Mr. Lachica and NAFVE to contribute to the legal fund to pay the attorney’s fees of two class action suits pending before the U.S. Court of Federal Claims and the U.S. District Court of Columbia in Washington that was filed by Fr. Prisco E. Entines (frentines@hotmail.com) pro se (without a lawyer), which is asking for court declarations that the U.S. government should pay Filipino World War II veterans the same pay as their U.S. counterparts and that all Filipinos during the American Occupation of the Philippines before July 4, 1946 be declared American citizens, not just “non-citizen nationals” which is outside the constitution. At the very least, if the Filipino Veterans Equity Bill dies again in Congress, the veterans have the court to fall back on.
From all these exchanges, it is clear that battle lines are being drawn between the “all-or-nothing” and the “step-by-step” advocates.
I am glad to know that Congressman Filner is in favor of the “all-or-nothing” strategy that is favored by Colonel Quesada, Jesus Terry “Jerry” F. Adevoso and company when Mr. Filner blamed Mr. Lachica for “pruning down veterans' demand for full equity to the detriment of the great majority of veterans in the United States and the Philippines.”
As proponent of “step-by-step” strategy, Mr. Lachica believes that Congress can also eventually get the whole funding by asking for a small funding one at a time.
Lachica’s strategy sounds good but there is a hitch: the veterans cannot wait for another sixty years for the whole funding to be realized. In less than ten years, all the Filipino veterans are already six feet under!
When Mr. Lachica talked before a veterans group in Chicago hosted by the Bagumbayan Inc. headed by Ms. Lourdes M. Ceballos several months ago, he told me that he was all out for the immigration bill granting special visas for the next of kin of the Filipino veterans. He said he is not betting on the “Filipino Veterans Equity” bill to get ahead because of the huge funding involved.
HITCH ON BANDWAGON
Unfortunately, the immigration bill for special visas for the children and espouses of Filipino Veterans that was inserted as a rider to the Comprehensive Immigration Bill died in the U.S. Senate several weeks ago.
With nothing to fall on and in a complete turn-around, Mr. Lachica is conveniently hitching on the bandwagon of the “Filipino Veterans Equity Bill” that Mr. Filner was able to champion out of the US House Veterans Committee!
Hopefully, Mr. Lachica can hang on tight in the trunk of the wagon as Mr. Filner and the rest of the of members of the U.S. Congress and U.S. Senate will mightily attempt to pass the stand-alone “Filipino Veterans Equity Act.”
If only the “Filipino Veterans Equity Act” can get the support of two-thirds vote of both chambers, it certainly can withstand a presidential veto.
Since Mr. Filner’s more generous version of the bill will need everybody’s support, everybody should call their area congressmen and senators to support the H.R. 760 version. This bill will authorize almost $1 billion funding over the next 10 years. It will bestow Filipino veterans who are now U.S. citizens full pension while those living in the Philippines would receive $6,000 to $8,400, annually depending on their marital status while low-income widows would receive $3,600 annually.
(lariosa_jos@sbcglobal.net)
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Hurt Egos Produce Pitcher Of Warm Spit
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IN A column a several months ago, we cited an observation how a few Catholic parishes in a New Jersey diocese were saved from closure by the arrival of Filipino parishioners. This recalled the history of the establishment of the various parishes in the area many years ago as the settlements of various ethnic immigrants from Europe were taking place. Such groups tended to congregate together, hence the various churches built were identified by the different ethnic classes. Hence, in the early days there were Italian, Polish, Dutch, German, Hispanic and other churches.
As the population expanded, the different ethnic groups scattered and what followed were the weakening of the parishes. When the ethnic churches became anemic, the trend reversed and they began to close or were taken over by other groups. Like other ethnic groups, Filipino immigrants tended to settle down together and when this happened in places where the weak parishes are located, they injected new spiritual vigor to the churches.
The Philippines were successively colonized by Spain and the US and it became known as the only Christian nation in Asia. More than 80% of the population is Catholic. The spiritual dynamism of the Filipinos permeated the parish communities where they settled in the western and eastern part of America. This became evident in the success stories they attained in the various professions and businesses they entered. And today, this remains a bright spot in the history of the Filipino Americans in the US.
How sad it is, therefore, that a dark cloud is passing to dim this bright light of the Filipino Americans in Jersey City. We refer to the rare incident that took place in front of the Catholic parish of Our Lady of Victories in Jersey City two weeks ago. In the midst of a stormy afternoon, the stormy demonstration of a few parishioners happened a la rallies seen only in Plaza Miranda or Mendiola St. in Manila during the martial law era.
We tried to piece together the story behind the incident and we concluded it was not worth writing even a few lines. The physical event of the rally was news. But the story that caused it was nothing but a clash of egos, of injured feelings, bloated unreasonably by rumors embellished by false stories, which by the explanation reportedly given by the diocese proved untrue. It boiled down to hurt pride and misunderstanding which could have been explained had the parties involved accepted the invitation of one side to a sit down meeting.
In the heat of a moment, a few impulsive parishioners, probably veterans of the First Quarter Storm during the reign of the dictator Marcos in the Philippines, cried “Let’s go!” and rashly rushed to the church on Kennedy blvd. It was Mendiola all over again. But this is the US. Here nobody is suppressing the freedom of expression.
All one has to do is lift up the phone, talk to the other party, and ask for a get together. Over a cup of coffee and banana fritters which Rowena would gladly provide. Nobody is going to spy on you. Nobody to cause anybody to be arrested.
The whole thing was not worth even a pitcher of warm spit.
Next time, and we hope there will be no next time, clearer heads we trust will prevail. Such misunderstandings and disagreements should be settled quietly and not allowed to become an occasion for laundering the Filipino flag in public when there is no stain. Let’s keep the Fillipino bright spot in view.
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Michael J. Gurfinkel has been an attorney for over 26 years, and is an active member of the State Bar of California and New York, as well as the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association. He has always excelled in school:
Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California.
WEBSITE: www.gurfinkel.com
Four offices to serve you:
LOS ANGELES:
219 North Brand Boulevard, Glendale, California 91203
Telephone: (818) 543-5800
SAN FRANCISCO:
966 Mission Street, San Francisco, California 94103 Telephone: (415) 538-7800
NEW YORK:
60 East 42nd Street, Suite 2101, New York, NY 10165 Telephone: (212) 808-0300
PHILIPPINES:
Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227
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