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The Department of Homeland Security (DHS) announced the new processes through which nationals of Cuba, Haiti, Nicaragua and Venezuela, and their immediate family members, may request to legally enter and remain in the United States for up to two years. Qualified beneficiaries who are outside the United States and do not have U.S. entry documents are considered on a case-by-case basis for this advanced authorization for urgent humanitarian reasons or for a significant public benefit. To participate, eligible beneficiaries must have a supporter in the United States, undergo security vetting, meet other eligibility criteria and must warrant a favorable exercise of discretion (i.e. must deserve to enter the U.S.).
Individuals participating in this process must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States. The first step in this process is for the U.S.-based supporter to file an online request for recognition to be a sponsor for each beneficiary they seek to support (including minor children).
How can the supporter qualify for this recognition? A supporter must hold lawful status in the United States and must pass security and background vetting to demonstrate they have sufficient financial resources to receive, maintain and support the individual(s) they are helping to remain in the United States. Examples of these individuals include: U.S. citizens and nationals, lawful permanent residents, nonimmigrants in a lawful immigration status; asylees, refugees, and parolees; Individuals granted Temporary Protected Status (TPS) and beneficiaries of deferred action (including deferred action for childhood arrivals) or those with Deferred Enforcement Departure (DED) approvals.
Who can be considered a beneficiary for this new parole process? This process is open to nationals of Cuba, Haiti, Nicaragua or Venezuela or their immediate family members currently living outside the United States. Qualifying immediate family members includes both spouses (or common-law partner) and unmarried children under the age of 21. Adult children are not automatically eligible based on their parents’ status, but, instead, must apply and qualify separately.
What do these applicants need to have to meet the eligibility requirements? Besides having a U.S. supporter approved by immigration, the foreign national must possess an unexpired passport valid for international travel, must provide their own commercial transportation to an airport within the U.S. and must undergo and pass required national security and public safety vetting. These candidates also must meet any additional requirements such as having up-to-date vaccinations or meeting any other current public health guidelines (basically Covid-19). It is also required for the applicant to prove that a grant of parole is warranted based on a significant public benefit or an urgent humanitarian need demonstrating that they deserve a favorable exercise of discretion by the U.S.
Who is not eligible for this parole? People with dual nationality, permanent residence, or who are holders of refugee status from another country cannot qualify for this process unless their status is from another country that has a similar parole process in place with the U.S. Additionally, advance travel authorization is not available to those who fail to pass national security and public safety vetting or who is otherwise deemed not to merit a favorable exercise of discretion. Additionally, those who have been removed from the United States within the past five years or are subject to a bar to inadmissibility based on a prior removal order are also ineligible for this program.
Since there are additional technical requirements for this new program, it is important to get all of the facts prior to applying. Please schedule an appointment with our office to discuss this program. You can do this by calling our office at +1 888 589 2228 or by using the following link to schedule an appointment online: https://marvinlawoffice.com/schedule-a-consultation/
