Philippine Ambassador Warns Filipinos to Voluntarily Leave the U.S.

Philippine Ambassador Warns Filipinos to Voluntarily Leave the U.S.

According to various news sources, Philippine Ambassador to the United States Jose Manuel Romualdez has advised Filipinos in the U.S. with no clear path to legalization to consider leaving the U.S. voluntarily to avoid the possibility of being detained and thereafter deported.

But before anyone considers making such a dramatic and life-changing decision, they should consult with an attorney, who can evaluate their situation, to determine if there is pa-gasa, and if there may be a way to legalize their status.

The ambassador noted that if a Filipino has a legitimate/legal basis to remain in the U.S., they should certainly consider pursuing their case. But for those Filipinos who have no basis to legalize their status, leaving the U.S. could be considered the safer option if they’re worried about being detained and held in custody while awaiting to be deported/removed. The ambassador emphasized again that Filipinos with pending immigration applications should seek legal advice about their current situation and pathways to legalization.

I agree with the ambassador that Filipinos should consult with an attorney about their situation before leaving the U.S. There are a number of things to think about:

  • If a person has been out of status for more than a year and departs the U.S., even voluntarily, they will trigger the 10-year bar. In that case, they would either have to seek a waiver or have to wait at least 10 years before they can apply again.
  • If they have already been placed in deportation and they leave the U.S., it will result in them “self-deporting.” If they are in deportation proceedings, they would need to seek a court order granting them “voluntary departure” in order to leave. But they would still trigger the 10-year bar for being out of status.
  • Maybe the person has a pathway to legalization. For example, if they have a 19-year-old U.S.-born child, should they voluntarily depart now, or should they wait two years for their child to become 21? Are they dating a U.S. citizen for love, who could then for petition them? But if they leave now, they will have to deal with the 10-year bar.
  • Once they leave the U.S., how will they ever get back? If they are subject to the 10-year bar, 10 years later I doubt that they will be issued a new tourist visa.
    Maybe you could be petitioned by a family member or employer and qualify for an immigrant visa through a provisional waiver?
  • Perhaps the Democrats and Republicans could reach a compromise on some legalization program (amnesty), which could provide a pathway to legalization? I’m not going to hold my breath on that because we have been waiting decades for some kind of compromise, but it’s out there.
  • For a person who voluntarily leaves the U.S., what are they then supposed to do? Will they be able to find employment? Will they have to again go overseas to the Kingdom of Saudi Arabia (KSA), the United Arab Emirates (UAE), or other place just to find work to support their family?

I believe the ambassador was trying to address a very difficult dilemma for Filipinos and has probably been receiving numerous frantic calls from Filipinos who have been detained and advised that if they’re concerned about being detained, then the alternative would be to return to the Philippines.

But before administering your “last rites” on your American dream, I would suggest that you consult with an attorney first to see if there could be hope.

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