In an effort to dissuade people from coming to the border and requesting asylum (or entering unlawfully), the Biden Administration has released plans for Cuban, Haitian, Nicaraguan, and Venezuelan nationals to apply for parole from abroad. These new programs are similar to the one announced for Ukrainians last year and also intended to reunite families in a safer and more orderly way.
Sponsor requirements: An individual who holds lawful status in the United States or is a parolee or beneficiary of deferred action or Deferred Enforced Departure (DED) who has passed security and background vetting and demonstrated sufficient financial resources to receive, maintain, and support the individual(s) whom they commit to supporting for the duration of their stay in the United States. This includes :
- U.S. citizens and nationals;
- Lawful permanent residents, lawful temporary residents, and conditional permanent residents;
- Nonimmigrants in lawful status (who maintain their nonimmigrant status and have not violated any of the terms or conditions of their nonimmigrant status);
- Asylees, refugees, and parolees;
- Individuals granted Temporary Protected Status (TPS); and
- Beneficiaries of deferred action (including deferred action for childhood arrivals) or DED.
In order to qualify to be sponsored, the beneficiary must be a national of Cuba, Haiti, Nicaragua, or Venezuela (or their immediate family member of any nationality) who is outside the United States and who may be considered for parole under these processes.
Immediate family members of any nationality in these processes include:
- A spouse or common-law partner; and
- Unmarried child(ren) under the age of 21. NOTE: If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.
Beneficiaries must also possess an unexpired passport valid for international travel, provide for their own commercial travel to an air U.S. POE and final U.S. destination; undergo and pass required national security and public safety vetting; comply with all additional requirements, including vaccination requirements and other public health guidelines; and demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, and that a favorable exercise of discretion is otherwise merited.
In addition, a potential beneficiary is ineligible for advance authorization to travel to the United States as well as parole under these processes if that person:
- Fails to pass national security and public safety vetting or is otherwise deemed not to merit a favorable exercise of discretion;
- Has been ordered removed from the United States within the prior five years or is subject to a bar to inadmissibility based on a prior removal order;
- Has crossed irregularly into the United States, between the POEs, after the date the process was announced, except individuals permitted a single instance of voluntary departure pursuant to INA § 240B, 8 U.S.C. § 1229c or withdrawal of their application for admission pursuant to INA § 235(a)(4), 8 U.S.C. § 1225(a)(4) will remain eligible;
- Has irregularly crossed the Mexican or Panamanian border after the date the process was announced; or
- Is under 18 and not traveling through this process accompanied by a parent or legal guardian, and as such is a child whom the inspecting officer would determine to be an unaccompanied child.
To start the process, a sponsor in the United States, must submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support. More information about next steps is available on the USCIS website.
If you or your loved ones need the help of an attorney for this process, please contact us here.
Photo credit: Fibonacci Blue