Immigration Processes for Cubans, Haitians, Nicaraguans, & Venezuelans

Immigration Processes for Cubans, Haitians, Nicaraguans, & Venezuelans

DHS is providing a pathway for refugees from Cuba, Haiti, Nicaragua, and Venezuela to come to the United States safely. Beneficiaries residing outside of the U.S., who qualify through an assessment on an individual basis, will be authorized travel privileges and parole status for up to two years in instances when there are urgent humanitarian or public benefits needs present.

To gain entry to the United States through parole, each individual must have a financial supporter within its boundaries who commits to aiding them for their duration in the country. The procedure is initiated with the U.S.-based sponsor filing an Online Request and Declaration of Financial Support Form I-134A on behalf of any beneficiaries they are supporting, including minor children. The information provided will then be considered by authorities against their capacity to provide adequate funds.

Defining Beneficiaries

For these processes, beneficiaries include Cuban, Haitian, Nicaraguan, and Venezuelan nationals as well as their immediate family members (of any nationality) who are outside of the U.S. Immediate family members can include:

  • Spouses
  • Common-law partners
  • Unmarried children (aged 21 or younger)

It is important to note that minors (children under age 18) must be accompanied by a parent or legal guardian to qualify for this process. Unaccompanied children under the age of 18 are ineligible for pre-authorization or parole when traveling to the U.S., and instead may be subject to transfer into government custody per the Trafficking Victims Protection Reauthorization Act of 2008 upon their arrival at a port of entry.

Beneficiary Eligibility

To qualify for a chance to seek parole and subsequently travel to the US, applicants must adhere to strict eligibility guidelines. With successful compliance comes an opportunity to potentially be granted authorization by U.S authorities.

Beneficiary eligibility requirements are as follows:

  • You must be/reside outside of the United States.
  • You must be a national of Cuba, Haiti, Nicaragua, or Venezuela or an immediate family member.
  • You must have a U.S. supporter.
  • You must possess a valid passport.
  • You must provide for your own travel to a final U.S. destination or an air U.S. POE.
  • You must submit to and pass the national security screening.
  • You must comply with vaccination requirements and other public safety requirements.
  • You must prove that parole is warranted because of humanitarian reasons or public benefit.

Individuals seeking parole consideration may not be eligible if they are a dual national of, or hold refugee status in another country. Immediate family members are exempt from this ineligibility measure.

You can also be ineligible if you do not pass national security or public safety vetting, or:

  • Have been removed from the U.S. within five years of applying.
  • Are subject to a bar to inadmissibility based on a prior order.
  • Have irregularly crossed the Mexican or Panamanian border after the process was announced (i.e. for Venezuelans, after Oct. 19, 2022; for Cubans, Haitians, and Nicaraguans, after Jan. 9, 2023).
  • Have crossed irregularly into the United States, between the POEs, after the date the process was announced, excluding individuals permitted a single instance of voluntary departure or withdrawal of their application for admission.

Who Can Be a Supporter?

Eligible beneficiaries are required to have a supporter in the United States. U.S.-based supporters play a critical role in the process of obtaining approval for beneficiaries. Supporters may be either individuals or entities such as organizations, businesses, or other structures.

To become a supporter, applicants must meet certain criteria to ensure the safety of all parties involved. These include:

  • being either a U.S citizen/national or having lawful status in the United States,
  • passing background checks and clearances related to public safety, national security, human trafficking prevention, and exploitation concerns, and
  • demonstrating adequate financial resources for providing support throughout the parole period.

As we mentioned, all sponsors must complete Form I-134A online at no cost to them; however, they will be subject to government vetting procedures that are designed to prevent exploitation and confirm their ability to provide financial support throughout the duration of proceedings.

The Petition Process

Beneficiaries can take the next step towards traveling to the United States by having a supporter in the US file Form I-134A on their behalf. If the form is considered acceptable, then the beneficiaries will be sent next steps.

Following the submission and acceptance of Form I-134A, the application process is as follows.

  1. Submit biographic information. After USCIS reviews and approves a supporter, the beneficiary is sent an email providing instructions on how to create their myUSCIS online account. Beneficiaries must then verify that they meet all eligibility requirements as well as public health standards such as relevant vaccination mandates.
  2. Submit a request online. Once you have provided your biographic info and completed the necessary eligibility requirements, myUSCIS will provide instructions for accessing the exclusive CBP mobile app. In the app, you will be asked to provide a photo and your biographic information.
  3. Receive advance travel authorization. Beneficiaries who have applied to the discretionary parole program will receive a notification in their online account informing them of CBP’s decision on whether advance authorization to travel can be granted for up 90 days.
  4. Seek parole at a Port of Entry. Upon entry to the U.S., Customs and Border Protection will inspect each beneficiary, carefully assessing them on a case-by-case basis for granting discretionary parole. All beneficiaries must also go through an additional screening and fingerprint biometric vetting process consistent with CBP procedure in order to identify any potential national security or public safety threat that could lead to referral of the individual into processing via ICE (U.S Immigration & Customs Enforcement).
  5. Seek employment authorization. After being granted entry and paroled in the United States, you can then file a work authorization request.

Are There Limits to How Many People Are Eligible Under These Processes?

The U.S. government is paving the way for individuals seeking parole from Cuba, Haiti, Nicaragua and Venezuela to come to America by providing travel authorization for up to 30,000 people per month in a steady flow across all four processes. DHS has removed its earlier limit on Venezuelan beneficiaries as part of this new initiative that provides more equitable opportunities for those looking for refuge in our country.

If you have other questions about the processes for Cubans, Haitians, Nicaraguans, and Venezuelans, you can review the USCIS information page and/or consult with our attorney.

Trusted Legal Counsel

Maghzi Law Firm, LLC understands the importance of providing quality immigration assistance. Their team is dedicated to staying abreast of any changes in laws and regulations so that their clients receive expert legal guidance every step of the way.

If you or a loved one need help understanding what processes are available to you or getting started on your petition, our attorney is equipped to help. Known for our professionalism, responsiveness, and dedication to our clients, you can trust our firm to help you navigate your case.

At our firm, we are passionate about making the often complex immigration process as stress-free and straightforward for our clients as possible. As immigration matters can be overwhelming to handle alone, we are committed to standing by our clients’ sides throughout every phase of their case. With us at your side, you can have peace of mind in knowing that experienced professionals will be there to help guide you along the way.

To discuss your case with our attorney, schedule an initial consultation by calling (843) 800-2750 or completing our online contact form.

Related Posts
  • EB-3 Visa vs. Other Employment-Based Visas: Which Is Right for You? Read More
  • Understanding the EB-3 Visa: Your Path to Employment-Based Immigration Read More
  • The Biden Administration Passes New Asylum Ban in 2023 Read More