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Opinion

Denied spousal petition

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Berto filed a petition for his wife. After so many months of waiting, he finally received a letter in the mail from USCIS. When he opened it, he was told that his petition was denied because USCIS considered that there was not enough evidence that the marriage was entered in good faith. Berto could not believe it. He thought he submitted every proof he could find to prove that their marriage was true. Wedding and vacation photos, marriage certificate, money transfer receipts, and phone bills were just examples of what he provided. He’s now asking what he should do.

First of all, if you receive a denial letter, don’t panic. It does not mean that your spouse or relative will never ever be able to come to the US. If you retained an attorney, talk to him. If you don’t have one, it’s probably wise to hire one. Read your denial letter. What was the reason of the denial? Is it because of lack of necessary documents? Is it because you’re not able to demonstrate bona fide marriage? Is it because either you or your spouse had prior unterminated marriage? Is it because the petitioner is not eligible to file because he committed priory criminal acts outlined in the Adam Walsh Act?

As you can see, there are a myriad of reasons for the denial and the basis for it depends on your next course of action. If there is a very good basis that USCIS may have committed an error in fact or in law, a motion for reconsideration or reopen or filing an appeal maybe an option. Take note that having a pending appeal takes months or even years for USCIS to resolve. So if appropriate, filing a new petition and starting all over again maybe the better option. Of course, you have to consider the additional costs, children who may age out or nearing 21, or any plans you have with your spouse.

* * *

Nurses’ week and proposal for search of outstanding nurses in Cebu

As a nurse myself, I would be remiss if I don’t take this opportunity to greet my fellow nurses a very happy Nurses’ Week. As we are nearing May 15, the formal and official US declaration of the end of COVID-19 pandemic, we reflect on the valuable contributions of our nurses and their families during the more than three years of disease, death, and destruction. Our nurses have been the shining example of how healthcare professionals should take care of patients, and that is to treat everyone with dignity, respect, and compassion. Despite the threat to their lives and well-being, our nurses still continued to stay in the frontlines without fear while at the same time doing all they can amidst the lack of resources. To my fellow nurses, thank you very much for all that you do.

From here on, no amount of words can fully grasp the necessary support we owe to our nurses. More than just raising their pay or improving their working conditions, our nurses deserve better most especially in ensuring the well-being of their mental health. After all that they have endured during the pandemic, we must see to it that we provide them with access and full financial support in availing services of qualified mental and behavioral health practitioners. We must not dismiss their concerns of daily overwhelming stress as a simple work hazard. We must crest safe spaces for them where they can freely express their concerns without fear of being retaliated or branded as a complainer. If need be, our workplace culture must be changed in order to reflect an atmosphere of tolerance, acceptance, and diversity of ideas. We must significantly invest in their professional development, personal safety, and support extending to their families.

If there’s one thing that the pandemic taught us, it is that our nurses are the most intelligent, creative, adaptive, resilient, compassionate, and caring healthcare professionals that the world cannot live without. As a society, it is our duty and obligation to make sure we value and honor our nurses in any way we can.

I strongly suggest that as a start, my employer, The FREEMAN, as influential and unbiased as it is, would take the initiative to begin an annual search for 10 or 20 of the best nurses in Cebu encompassing every field where nurses work --be it hospitals, schools, companies, treatment centers, or even private clinics.

I am very sure we will not have a shortage of nominations.

NURSE

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