New Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

New Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

On Oct. 12, 2022, the United States announced a new process that allows for Cubans, Haitians, Nicaraguans, and Venezuelans nationals and their immediate family members to come to the United States. This provides a safe and orderly way for nationals of Cuba, Haiti, Nicaragua, and Venezuela who are outside the United States and lack U.S. entry documents to be considered, on a case-by-case basis, for advance authorization to travel and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit. To participate in this process, Venezuelan nationals must:

• Have a supporter in the United States;
• Undergo and clear robust security vetting;
• Meet other eligibility criteria; and
• Warrant a favorable exercise of discretion.

Individuals participating in the 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 the process is for the U.S.-based supporter to file a Form of Declaration of Financial Support, with USCIS for each Cubans, Haitians, Nicaraguans, and Venezuelans nationals or immediate family member they seek to support, including minor children. The U.S. government will then vet the supporter to ensure that they are able to financially support the Venezuelan nationals they are agreeing to support.

Eligibility

Who May be Considered for Advance Travel Authorization

To be considered for advance authorization to travel to the United States under this process, a beneficiary must:

• Be a national of Cuba, Haiti, Nicaragua, or Venezuela; or be an immediate family member (spouse, common-law partner, and/or unmarried child under the age of 21) who is traveling with an eligible Cuban, Haitian, Nicaraguan, or Venezuelan;
• Possess a passport valid for international travel;
• Be outside the United States;
• Have a U.S.-based supporter who filed a Form of Declaration of Financial on their behalf that USCIS has vetted and confirmed;
• Provide for their own commercial travel to a U.S. airport and final U.S. destination;
• Undergo and clear required screening and vetting;
• Not be a permanent resident or dual national of any country other than Venezuela, and not currently hold refugee status in any country;
  • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela who they are traveling with.
• Not be an unaccompanied child;
  • Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
• Not have been ordered removed from the United States within the past 5 years or be subject to a bar based on a prior removal order;
• Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
• Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
• Comply with all additional requirements, including vaccination requirements and other public health guidelines.

The supporter must complete and file Form of Declaration of Financial with USCIS and be vetted by the U.S. government to protect against exploitation and abuse and to ensure that they are able to financially support the beneficiary they are agreeing to support.

Children under the age of 18 traveling without their parent or legal guardian are not eligible for advance authorization to travel or parole under this process. Upon arrival at a U.S. port of entry, a child who is not traveling with their parent or legal guardian may be transferred to the custody of the Department of Health and Human Services (HHS), as required by law under the Trafficking Victims Protection Reauthorization Act of 2008.

Since they are ineligible to pursue travel authorization under the process for Venezuelans, children who are not traveling with a parent or legal guardian but are coming to the United States to meet a parent or legal guardian may instead seek parole through the standard Form Parole Process. In the Form Parole Process, children who wish to travel without a parent or legal guardian will need written permission from all adults with legal custody of the child (including parents or legal guardians) to travel to the United States.

Evidence to accompany the Form Parole Process will need to include the duration of the stay in the United States and evidence of relationship between the child and the parent or legal guardian in the United States. If the legal guardian is providing the written permission, the requestor must include proof of legal guardianship issued by a government authority. In addition, the application should include a statement about the relationship of the child to the person filing the Form Parole Process, and if they intend to provide care and custody of the child in the United States or reunite the child with a parent or legal guardian in the United States.

Who Can be a Supporter

U.S.-based supporters will initiate an online request on behalf of a named beneficiary, by submitting a Form Request to be a Supporter and Declaration of Financial Support to USCIS for each beneficiary, including minor children. Supporters can be individuals filing independently, filing with other individuals, or filing on behalf of organizations, businesses, or other entities. The supporter will be vetted by the U.S. government to protect against exploitation and abuse and to ensure that they are able to financially support the beneficiary they are agreeing to support.

To serve as a supporter, an individual or individual representing an entity must:

• Be a U.S. citizen, national, or lawful permanent resident; hold a lawful status in the United States such as Temporary Protected Status or asylum; or be a parolee or recipient of deferred action or Deferred Enforced Departure; 
• Pass security and background vetting, including for public safety, national security, human trafficking, and exploitation concerns; and
• Demonstrate sufficient financial resources to receive, maintain, and support the individual(s) they are agreeing to support for the duration of their parole period.

Supporters who file Form Request to be a Supporter and Declaration of Financial Support on behalf of a beneficiary under these processes must be willing and able to receive, maintain, and support the beneficiary listed in Form Request to be a Supporter and Declaration of Financial Support for the duration of their parole. Examples of the types of support for beneficiaries that supporters should keep in mind when considering their ability to meet this commitment include:

• Receiving the beneficiary upon arrival in the United States and transporting them to initial housing;
• Ensuring that the beneficiary has safe and appropriate housing for the duration of their parole and initial basic necessities;
• As appropriate, helping the beneficiary complete necessary paperwork such as for employment authorization, for a Social Security card, and for services for which they may be eligible;
• Ensuring that the beneficiary’s health care and medical needs are met for the duration of the parole; and
• As appropriate, assisting the beneficiary with accessing education, learning English, securing employment, and enrolling children in school.

Supporters must include the name of the beneficiary on Form Request to be a Supporter and Declaration of Financial Support. Supporters may not file a Form Request to be a Supporter and Declaration of Financial Support on behalf of an unnamed beneficiary. A supporter may agree to support more than one beneficiary, such as for different members of a family group, but must file a separate Form Request to be a Supporter and Declaration of Financial Support for each beneficiary.

Supporters must file a separate Form Request to be a Supporter and Declaration of Financial Support for each beneficiary, even minor children. 

Multiple supporters may join together to support a beneficiary. In this case, a supporter should file a Request to be a Supporter and Declaration of Financial Support and in the filing include supplementary evidence demonstrating the identity of, and resources to be provided by, the additional supporters and attach a statement explaining the intent to share responsibility to support the beneficiary. These supporters’ ability to support a beneficiary will be assessed collectively.

Organizations, businesses, and other entities can play a critical role in providing support for beneficiaries arriving through this process. Although an individual is required to file and sign the Form Request to be a Supporter and Declaration of Financial Support, they can do so in association with or on behalf of an organization, business, or other entity that will provide some or all of the necessary support to the beneficiary. Individual supporters filing with or on behalf of an organization, business, or other entity should submit evidence of the entity’s commitment to support the beneficiary when they file the Form Request to be a Supporter and Declaration of Financial Support This can be demonstrated through a letter of commitment or other documentation from an officer or other credible representative of the organization, business, or other entity describing the monetary or other types of support (such as housing, basic necessities, transportation, etc.) the entity will be providing to the specific beneficiary. Individuals who are filing in association with an organization, business, or other entity do not need to submit their personal financial information, if the level of support demonstrated by the entity is sufficient to support the beneficiary.

The Process

Beneficiaries cannot directly apply for this process. A supporter must first complete and file Form of Declaration of Financial Support with USCIS on behalf of a Venezuelan beneficiary and include information about them and contact details, such as an email address. If we deem the Form of Declaration of Financial Support sufficient, in our discretion, we will send the beneficiary information about the next step in the process to be considered for authorization to travel to the United States and parole consideration at an air port of entry.

Once beneficiaries receive their travel authorization, they should arrange to Fly directly to their final destination in the United States. Upon arrival at the interior port of entry, individuals will be inspected and considered for parole. Those who attempt to enter the U.S. at land ports of entry will generally be denied entry.

The key steps in the process include:

Step 1: Financial Support

• A U.S.-based supporter will submit a Form of Declaration with USCIS. The Form of Declaration identifies and collects information on both the supporter and the beneficiary. The supporter must submit a separate Form of Declaration 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. USCIS, in our discretion, must vet and confirm supporters before they move forward in the process.

Step 2: Submit Biographic Information

• If USCIS confirms a supporter, the listed beneficiary will receive notification from USCIS with instructions on next steps. The beneficiary must confirm their biographic information in USCIS and attest to meeting the eligibility requirements.
• As part of confirming eligibility, individuals who seek authorization to travel to the United States must confirm that they meet public health requirements, including certain vaccination requirements.

Step 3: Submit Request in CBP One Mobile Application

• After confirming biographic information and completing required eligibility attestations, the beneficiary will receive instructions 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

• After completing Step 3, the beneficiary will receive a notice confirming whether CBP will 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. Parole is a discretionary determination made by CBP at the port of entry, based on a finding that parole is warranted due to urgent humanitarian reasons or significant public benefit.

Step 5: Seeking Parole at the Port of Entry

• When a beneficiary arrives a port of entry, CBP will inspected 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. Individuals who are determined to pose a national security or public safety threat, or otherwise not warrant parole as a matter of discretion upon inspection, will be processed under an appropriate processing pathway and may be referred to U.S. Immigration and Customs Enforcement (ICE).

Step 6: Parole

• Individuals granted parole under this process generally will be paroled into the United States for a period of up to 2 years, subject to applicable health and vetting requirements, and will be eligible to apply for employment authorization under existing regulations.
• Individuals may request work authorization from USCIS by filing a Form Application for Employment Authorization.

After the Beneficiary is Paroled into the United States

Applying for Employment Authorization

The beneficiary are paroled into the United States, they are eligible to apply for discretionary employment authorization from USCIS.

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