Processes for Cubans, Haitians, Nicaraguans and Venezuelans
Migrants seeking parole for humanitarian reasons fear that there might be a chance that this process comes to an end after 20 states filed a lawsuit accusing the Biden administration of enacting an illegal parole policy. However, if you are interested in being a beneficiary or supporting nationals of Cuba, Haiti, Nicaragua and Venezuela to come to the US, we have good news for you!
We recently found out, that the process is still ongoing at least until Sep 29, 2023, yes, even after the court date on August 24th. That means that you can still follow the steps we will describe next if you want to become a sponsor or beneficiary.
Step 1: Financial Support
U.S.-based petitioner submits a Form I-134A, with USCIS through the myUSCIS website to start the process. The sponsor must submit a separate Form I-134A for each beneficiary they are seeking to support, including immediate family members and minor children.
USCIS will then vet the supporter to ensure that they are able to financially support the individual they are agreeing to support and to protect against exploitation and abuse.
Step 2: Submit Biographic Information
If USCIS confirms a petitioner, the listed beneficiary will receive an email from USCIS with instructions on how to create a USCIS online account and other next steps.
The beneficiary must confirm their biographic information in myUSCIS and attest to meeting the eligibility, public health and certain vaccination requirements.
Step 3: Submit Request in CBP One Mobile Application
- After confirming biographic information in their online account and completing required eligibility attestations, the beneficiary will receive instructions through myUSCIS on how to access the CBP One mobile application. The beneficiary must enter their biographic information into CBP One and provide a photo.
Step 4: Advance Travel Authorization to the United States
The beneficiary will receive a notice in their online account confirming whether CBP will, in its discretion, provide them with advance authorization to travel to the United States to seek a discretionary grant of parole on a case-by-case basis.
If approved, this authorization is valid for 90 days. Beneficiaries are responsible for securing their own travel via air to the United States. Approval of advance authorization to travel does not guarantee entry or parole into the United States at a U.S. port of entry.
Step 5: Seeking Parole at the Port of Entry
When a beneficiary arrives at a port of entry, CBP will inspect them and consider them for a grant of discretionary parole on a case-by-case basis.
As part of the inspection, beneficiaries will undergo additional screening and vetting, to include additional fingerprint biometric vetting consistent with the CBP inspection process.
Step 6: Parole
Individuals granted parole under these processes generally will be paroled into the United States for a period of up to two years, subject to applicable health and vetting requirements, and will be eligible to apply for employment authorization under existing regulations.
Individuals granted parole may request work authorization from USCIS by filing a Form I-765, Application for Employment Authorization, either online or via mail.
How long do these processes take?
USCIS now has a new review process that went into effect mid-May. Under this process, an individual’s case:
- May be processed on the basis of its application date (usually takes around 100 days)
- May be selected randomly at any time after application.
How can Lawfully help?
Lawfully can help nationals of Cuba, Haiti, Nicaragua and Venezuela to keep track of their cases with our Lawfully Case Tracker App. You won’t have to worry about visiting the USCIS website all the time, instead you will get a push notification every time there’s an update on your case. Click here to download our app!
What does ‘parole’ mean?
According to USCIS, parole:
Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be paroled into the United States for a temporary period. The Immigration and Nationality Act (INA) allows the secretary of homeland security to use their discretion to parole any noncitizen applying for admission into the United States temporarily for urgent humanitarian reasons or significant public benefit.