The processes for Cubans, Haitians, Nicaraguans, and Venezuelans enable individuals to temporarily reside and work in the United States. Familiarize yourself with the prerequisites and application procedures, while also keeping in mind any pertinent travel restrictions.
What is the process?
DHS has recently announced an extension of the parole program, which will now include Venezuelans, Cubans, Haitians, and Nicaraguans. Under this updated parole process, a monthly quota of up to 30,000 individuals from these four countries will have the opportunity to enter the United States.
Beneficiaries of this program will have the privilege of obtaining a work permit and residing temporarily in the US. It’s important to note that this status is temporary, valid for a maximum of two years.
This program is available to Cubans, Haitians, Nicaraguans, and Venezuelans who are currently abroad. The program was created to try to prevent the entry of people through the US border.
The application to start the process is free. Neither the applicant nor the sponsor has to pay.
Who can be a beneficiary?
To qualify as a beneficiary of this program, you must meet the following criteria:
- Be Cuban, Haitian, Nicaraguan or Venezuelan.
- Be outside the United States at the time you apply
- Have a sponsor in the United States (with status, more on that below)
- Have a valid passport
- Pass a security check
- Organize and be able to pay for your flight to the USA
- Obtain vaccinations and other medical requirements
You do not qualify for the process if:
- You received an order of deportation from the US in the previous 5 years
- You entered the United States without authorization after January 5, 2023
- You crossed the borders of Mexico and Panama without authorization after January 5, 2023
- You tried to enter the US by sea (specific for Cubans and Haitians)
- You have permanent residence or dual nationality of any other country
- You have refugee status in any other country
For eligibility as a beneficiary of this program, it’s imperative that your passport is valid and has not expired. In the case of Venezuelans, if your passport bears an extension certification, you can utilize the date indicated therein. Additionally, it’s worth noting that specific Venezuelan passports remain valid even if they have expired, thanks to a decree approved by the National Assembly on May 21, 2019.
Can my family come with me?
Yes, your family can accompany you in this process. Specifically, your spouse or unmarried children under 21 years of age are eligible to join you. Importantly, they do not need to be Cuban, Haitian, Nicaraguan, or Venezuelan; they can have refugee status in any other country. For children under 18 years of age, it’s crucial to note that they must travel with their parents to take advantage of this process, as minors cannot enter the program alone.
Who can be a sponsor?
A sponsor plays a vital role in this program. They are an individual who is willing to request your participation and must demonstrate the ability to provide you with financial support and other assistance for a duration of two years. It’s essential that sponsors have legal status in the United States and reside within the country.
A sponsor can be:
- a US citizen
- A legal permanent resident in the United States (green card holder)
- A nonimmigrant with legal status
- Asylum, refugee or person with parole
- Temporary Protected Status (TPS) Holder
- Deferred Enforced Departure (DED) Beneficiary
- DACA Recipient
A sponsor must:
- Demonstrate that they have financial resources to support you during your stay in the US.
- Pass security and background checks.
A sponsor has the option to apply jointly with others or on behalf of an organization or company that intends to provide support. If you are applying on behalf of a company or another entity, it’s necessary to include a commitment letter as part of the application process. This commitment letter is a crucial component when seeking sponsorship in such cases.
How to find a sponsor?
Programs, like Welcome Connect, can help you find a sponsor. The program Welcome Connect can provide a secure and accessible platform for potential sponsors to connect with refugees seeking assistance, allowing them to initiate conversations and mutually access sponsorship. A sponsor does not need to be related to you!
How to submit an application
It’s important to note that as a beneficiary, you cannot initiate the application process yourself. Instead, your sponsor is responsible for submitting the application on your behalf. The sponsor must complete and file Form I-134A on the USCIS website for each beneficiary, including any accompanying children. Every beneficiary must apply for their own I-134A.
To manage the high volume of applications, USCIS has implemented a process where they will randomly select half of the applications for review each month. The remaining applications will be reviewed in the order they were received. This approach is designed to ensure fairness and efficiency in processing a significant number of applications.
Processing Times Vary!
The process if your sponsor is approved
USCIS may assess whether Form I-134A is sufficient to approve your sponsor, or they may request additional information as needed. Once your sponsor is approved, you will receive an email with step-by-step instructions on the following actions:
Send biographical information (personal)
- Create an account with myUSCIS
- Confirm that you meet vaccination and health requirements.
Send your information to CBP One
- Use the Customs and Border Protection mobile app CBP One
- Send a photo
- If CBP confirms your application, you will receive a notification in myUSCIS
Obtain Advance Travel Authorization to the United States:
- If you are approved, you will obtain authorization to travel to the United States in the next 90 days.
- You or your sponsor must purchase your plane ticket and prepare your trip.
- It’s essential to understand that receiving authorization to travel does not guarantee that you will be granted humanitarian parole or temporary stay. Even with this authorization, you will still need to undergo checks and meet the necessary eligibility criteria to be considered for these benefits.
Request a Temporary Stay Permit or Parole when you arrive in the US:
- Pass CBP inspections, including fingerprinting and additional checks.
- If the officer believes you are a threat to the United States or do not qualify for other reasons, your entry may be denied
- If you don’t pass, you could be referred to US Immigration and Customs Enforcement (ICE)
Obtain Temporary Residence Permit:
- If you complete all these steps and pass the inspection, you will receive a temporary stay permit for up to 2 years
What happens after obtaining the temporary stay permit?
If you obtain permission to temporarily remain in the United States, you must do the following after arriving:
- Report your physical address after 30 days.
- Get a medical review within 90 days.
- Apply for a work permit using Form I-765
- Apply for a social security card
- If you move in the United States, you must report any change of address within 10 days after your move
- If you decide to leave the US and wish to return, you must complete the Application for a Travel Document using the Form I-131
At the conclusion of your parole status (or while it is pending), you may opt to seek legal assistance and explore your available options to stay in the USA permanently. One potential avenue is applying for asylum, which could allow you to remain in the United States. However, it’s crucial to note that you must submit your asylum application within one year of your arrival to be eligible for this opportunity. Seeking legal counsel can be instrumental in navigating this process effectively.
When your temporary residence permit expires, it is your responsibility to depart the country at your own expense. Failing to do so could result in your detention and initiation of deportation proceedings. The Department of Homeland Security (DHS) retains the authority to terminate your parole under specific circumstances, including violations of U.S. laws or regulations. It is crucial to adhere to the terms and conditions of your parole to maintain your legal status in the United States.
Instructions for Venezuelans
If you submitted Form I-134 online before January 6, 2023, as part of the process for Venezuelans, your case will proceed as planned, and you do not need to take any additional steps. You should continue to follow the requirements and guidelines established up to the previous date. There is no need to submit Form I-134A in this situation.
Travel warning for Mexico and Panama
DHS has issued a significant announcement stating that Venezuelans, Cubans, Haitians, and Nicaraguans are not permitted to travel through Panama or Mexico in an attempt to reach the U.S. border for entry. If you have illegally crossed the borders of Mexico or Panama after January 5, 2023, you will not be eligible for the process outlined earlier.
Furthermore, new checkpoints are expected to be established on the Mexican border, with increased resources dedicated to combat human trafficking. It’s important to note that Title 42 restrictions are no longer in effect, and if you attempt to illegally cross the U.S.-Mexico border, you may be subject to expedited removal.
Please contact our office of licensed immigration attorneys so we can guide you!
