How wonderful it would be to be able to come to U.S. without a visa

by Atty. Emmanuel Samonte Tipon 

In the good old days before the Philippines became independent (we’re talking about July 4, 1946, not the “independence” day of June 12, 1898 declared by the Macapagal regime nunc pro tunc in a moment of pique, ala King Herod declaring arbitrarily that Jesus Christ was born in the year 0 BC), Filipinos could freely enter the United States without a passport or visa. The sacadas (contract farm workers), for example, simply boarded the boat without documentation. They just gave their name and age. There were about 120,000 who came here between 1906 and 1946.

My father, Egidio Arellano Tipon, of Magsingal, Ilocos Sur, was among the sacadas who came to Hawaii about 1919 without a passport or visa. After fulfilling his contract he moved to Chicago, went to school while working at various jobs, earned a bachelor’s degree, and returned to the Philippines to teach in Laoag, Ilocos Norte where he met and married my mother, Rosalia Samonte.

If the Philippines had never become “independent”, Filipinos could still come to the U.S. like in the days of yore. Wouldn’t that be wonderful? Now, the United States has become very strict about the entry of Filipinos to the United States. Visas are required and the denial rate is very high – according to anecdotal reports more than 75%.

However, thousands of nationals from 36 countries can enter the U.S. without obtaining a visa. This benefit is enjoyed by them under the Visa Waiver Program established by Immigration and Nationality Act § 217 [8 USC §1187]. The State Department says “The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas.” Nationals of the 36 participating countries can travel to the U.S. for business and tourism (B1/B2) without obtaining a visa for stays of 90 days. People who wish to stay longer or have other purposes must obtain a visa. Most of the countries in the program are populated by whites, naturally, but there are a few that are not like Japan, Singapore, Brunei, and South Korea. The Attorney General, in consultation with the Secretary of State, may designate any country as a program country if it meets specified requirements.

The Philippines is not in the program. Why not? The country has to request the U.S. to be in the program and must meet the specified requirements. There is no report that the Philippines has ever asked. 

That is why we wrote to President Benigno Aquino III who was in Hawaii for the APEC conference on November 11-13, suggesting that he request President Obama to consider the inclusion of the Philippines in the Visa Waiver Program. 

Here is part of what we said:

“Dear Mr. President: Your dad, who was my classmate at the U.P. College of Law, would have enjoyed as President a picnic at Magic Island where he could meet with a larger part of the Filipino community in the islands in an informal setting and talk about their concerns. We believe that you would also enjoy such a picnic.

“One of such concerns is the difficulty of relatives and friends in visiting us in the United States because of the stringent requirements for obtaining a visa. There are 36 countries whose nationals can visit the United States without a visa pursuant to the Visa Waiver Program. May we respectfully suggest to Your Excellency to please bring to the attention of President Obama for his consideration the inclusion of the Philippines among the countries in the visa waiver program?

“Waiving visa requirements would achieve one of APEC’s objectives of easing travel restrictions among member countries. Japan, South Korea, Brunei, and Singapore are the only Asian countries who are members of APEC in the Visa Waiver Program. Why not the Philippines? Waiving visa requirements will also bring more tourists to the United States, thus helping stimulate U.S. economic growth which is what President Obama desires.

“To the possible objection that a visa waiver will result in having more Filipino TNTs, the answer is that they became TNTs only because they knew they would have only one bite of the apple and would not be able to get another visa. They will not become TNTs if they know they can come back and forth to the U.S. like in the days before independence when TNTs were unheard of.”

 (Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites: www.MilitaryandCriminalLaw.com, and www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1^st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most witty, interesting, and informative radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at  www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)