HUMANITARIAN PROCESS FOR CUBA, HAITI, NICARAGUA AND VENEZUELA

The United States Department of Homeland Security (DHS) is implementing a process for certain Cuban, Haitian, Nicaraguan, and Venezuelan nationals to lawfully enter the country in a safe and orderly manner and be considered for a case-by-case determination of parole. This process is modeled after the successful Uniting for Ukraine (U4U) and Process for Venezuelans programs.

Background

In April 2022, the Biden administration launched Uniting for Ukraine (U4U), an innovative program that offers Ukrainians a fast-track pathway to the U.S. if they have a sponsor. After just four months of operation, U4U has become one of the most successful components of the U.S. humanitarian response to the Russian invasion of Ukraine. It also serves as a proof of concept for the proposition that American sponsors can help vulnerable populations across the globe. U4U relies on humanitarian parole, which gives the Department of Homeland Security (DHS) the authority to admit noncitizens on a case-by-case basis for “urgent humanitarian or significant public benefit.”

Effective October 12, 2022, the new process for eligible Venezuelans who are outside and lack U.S. entry documents was announced by the DHS to facilitate the safe entry of up to 24,000 eligible Venezuelans into the United States. It is a legal and quick way for them to enter the country, DHS described this process as "derived from the success of the Uniting for Ukraine (U4U) program." Approved beneficiaries are eligible for parole into the United States and work authorization for up to two years.

Humanitarian Program

The Department of Homeland Security (DHS) announced a safe and legal way for eligible Cubans, Haitians, and Nicaraguans with supporters based in the US to travel to and temporarily reside in the United States, which went into effect on January 6, 2023. On the same day, residents of the United States may submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of specific citizens of Cuba, Haiti, and Nicaragua who wish to come to the country, as well as with the ongoing process for Venezuelans. The Biden Administration will now permit up to 30,000 parole travel authorizations per month from Cuba, Haiti, Nicaragua, and Venezuela combined, instead of the 24,000 total travel authorizations for Venezuela that were set in October 2022. This process will provide a lawful and streamlined way for qualifying nationals of the four countries who are outside the US and lacking entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years. Individuals paroled through this program will be eligible to apply for work authorization after arrival in the United States and request a social security number.

To participate, eligible beneficiaries must:

• Have a supporter in the United States who will provide financial and other support;

• Undergo and clear robust security vetting;

• Meet other eligibility criteria; and

• Warrant a favorable exercise of discretion.

U.S.-based individuals and organizations seeking to become supporters must declare their ability to provide financial support and pass background checks.

The parole process is designed to enhance border security by responding to and protecting against a significant rise in unauthorized migration by the aforementioned nationals to the United States via dangerous routes that pose serious risks to migrants' lives and safety, while also providing a process for some of such nationals to lawfully enter the country in a regular basis. Individuals who irregularly cross the Panama, Mexico, or U.S. border after the date of this announcement will be ineligible for the parole process and will be subject to expulsion to Mexico, which will accept returns of 30,000 individuals per month from these four countries (Cuba, Haiti, Nicaragua and Venezuela) who fail to use these new pathways. In addition, DHS has stated that those not granted asylum or other immigration benefits during the two-year parole period generally will need to depart the United States prior to the expiration of their parole period or be subject to removal proceedings.

DHS anticipates that this process will: (1) enhance the security of the U.S. Southwest Border by reducing irregular migration of Cuban, Haitian, Nicaraguan and Venezuelan nationals, this includes imposing additional consequences on those who seek to enter between Port of Entries (POEs); (2) enhance border security and national security by vetting individuals prior to their arrival at a U.S. POE; (3) reduce the strain on DHS personnel and resources; (4) minimize the domestic impact of irregular migration; (5) prevent a dangerous irregular journey that puts migrant lives and safety at risk and enriches smuggling networks; and (6) fulfill important foreign policy goals to manage migration collaboratively in the hemisphere.

DHS strongly encourages Cubans, Haitians, Nicaraguans, and Venezuelans seeking entry into the United States who lack or are ineligible for a visa to seek entry instead through this process as it will be the safest and most efficient way to pursue a temporary stay in the United States. Individuals must complete the procedure electronically and should not approach the border to access this process.

If you have questions pertaining to this humanitarian program, it’s best to schedule a consultation with an Immigration Attorney. Email Elizee Law Firm at intro@elizeelawfirm.com our skilled immigration lawyers can answer any questions about the New Parole Program and guide you through every step of the process.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846.