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The parole program

On January 6, 2023, the Biden Administration and the Department of Homeland Security, in an attempt to stop people from entering the southern border of the United States, implemented a program that allows people to enter the United States legally with a parole that will be valid for a period of two years. The implementation of this program is already underway, and despite the fact that there are delays in the approval of the cases, thousands have already benefited from this new immigration rule.

Who can apply for this benefit?

Nationals of Cuba, Haiti, Nicaragua and Venezuela, who are outside the United States, who have a valid passport to travel internationally and who have a sponsor in the United States, would be eligible to apply for this benefit. Other requirements include passing a national security check, not having been deported from the United States, not having crossed the border of the United States, Mexico, or Panama irregularly after the date the rule was announced, and not have another nationality. In the case of persons who are spouses, common-law partners, or minor children, this last requirement is not necessary.

I134A parole beneficiaries must meet certain requirements in order to access the parole application. First, these people need to be outside of the United States. Unfortunately, they cannot be located within the United States to be beneficiaries of this measure.

Secondly, it is that the beneficiaries cannot have crossed the border of Panama, Mexico or the United States, illegally, after the date of proclamation of this measure, that is, after January 6, 2023.

Finally, the beneficiaries of the sponsorship may not have any other nationality, that is, they may not have dual nationality or permanent residence. This requirement is not applicable to the spouses or common-law partners, as well as to the minor children of the sponsors.

Who can be sponsors?

All those people, citizens, residents, asylees, refugees and any other person with legal status in the United States and who can demonstrate in documentary form that they have the necessary means and resources to be able to attend to the basic needs of the person who they will sponsor

In order to be a sponsor of the I134a application, the first requirement is to be in the United States. This sponsorship request cannot be made from outside the United States.

The second requirement is that the sponsor is a US citizen, permanent resident or is in the United States under immigration status. People who are in the country irregularly, will not be able to sponsor people for the I134a.

The third and last requirement, and perhaps the one that people have the most doubts about, is that the person who sponsors must have sufficient means to support and house the immigrant they intend to sponsor. Although the new rule does not establish a specific amount of money that the sponsor must earn, or a specific amount that the sponsor must possess, as does the Law for the Affidavits of Support or Sponsorship of family petitions; It is a good idea for the person who intends to sponsor to consult with an immigration lawyer, so that he can inform him if based on his income and assets, he can or cannot sponsor, and the number of people who could be his beneficiaries.

As a way to prove income, bank account statements could be submitted, both checking and savings accounts, payment slips, any way to prove sources of income, copies of home ownership titles, vehicles (if you have more than one ), employer letters, company foundation documents, in the case of being business owners, personal assets, or company assets, among others. The previous list is not exhaustive and the presentation of these documents will require certain requirements, in order for them to be accepted by USCIS; For this reason, it is recommended that you contact an immigration lawyer so that he can advise you on the documents and the requirements for presenting them before the administrative entity.

How is it the procedure?

In order to apply for this benefit, the sponsor will have to do it directly, online, providing the information and documents required to demonstrate economic solvency. Once this application is received, USCIS will process it, determine if the sponsor meets the necessary requirements, and may even request an interview. If approved, the beneficiary will then receive an alert to enter their information in the US Customs and Border Protection application, and if CBP grants, at their discretion, authorization to travel to the United States, and request parole. at the port of entry. This authorization will be valid for 90 days and parole authorization is at the discretion of the CBP officer due to urgent humanitarian reasons or public benefit.

With the reopening of the United States embassy in Havana, and the beginning of the processing of all visa applications, the Department of State announced that it would resume the special parole program that exists for Cubans. This program, which has existed since 2007, was stopped in 2017, when the United States Embassy in Havana closed its operations. This program exists due to the agreement between the governments of Cuba and the United States, to grant 20,000 immigrant visas a year, without counting the immigrant visas granted to American citizens.

Basically, in order to be a beneficiary of the parole program, it will be necessary for there to be an approved family petition, that there is no immigrant visa available for their category, that the beneficiary be a Cuban citizen, residing in Cuba, and that the National Visa Center invite you to participate in the program.

This last requirement is extremely important. If the National Visa Center does not invite you to participate in the parole program, neither the petitioner nor the beneficiary can apply directly.

Once the invitation from the National Visa Center has been received, the corresponding costs have been paid and the required documents have been sent, the beneficiary will attend a consular interview, where the official will determine whether or not to grant parole.

The difference between this program and the family petition is that following the family petition route, the beneficiary enters the United States with the category of permanent resident, while through the parole program, the beneficiary enters the country with a parole, which will allow him a year to adjust his status through the Cuban Adjustment Act.

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Legal Disclaimer

Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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