On Jan. 5, 2023, the Department of Homeland Security (DHS) announced a new way for Cubans, Haitians, and Nicaraguans to temporarily reside in the United States.
If people from these countries, as well as the previously announced Ukraine & Venezuela, have someone in the US able to sponsor them, they could be eligible to come to the US and receive employment authorization for up to 2 years!
Here's the step-by-step process for how to apply for parole under this process:
Step 1: Sponsor Submits Form I-134A
The first step is for the supporter to submit Form I-134A, Online Request to be a Supporter & Declaration of Financial Support. This form requests information about both the supporter and beneficiary. Supporters will also need to submit documents showing that they have sufficient income or financial resources to support the beneficiary. USCIS will determine whether the Form I-134A is sufficient and may request additional evidence or a biometrics appointment to make a determination.
As a supporter, you must be located in the US to file I-134A, and you should file a separate I-134A for each beneficiary that you are planning to support, including minor children. (keep in mind that to be eligible for this process, children under 18 must be traveling to the US in the care of their parent or legal guardian and be able to provide documentation to confirm the relationship)
FYI: As of January 6, you should not submit I-134, but rather submit I-134A. If you already submitted an I-134 before January 6, 2023, under Uniting for Ukraine or the Process for Venezuelans, your case will continue to process and no further action is required.
Who can be a supporter?
Supporters can be filing independently, with other individuals, or 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.
Supporter Requirements:
Be a U.S. citizen, Green Card Holder, 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. Examples of the types of support 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.
Step 2: Beneficiary Submits Biographic Information
Once USCIS confirms a supporter, the beneficiary will receive an email from USCIS with instructions on how to create an online account. This email will also give next steps on how to confirm their information and public health requirements.
Step 3: Beneficiary submits request in Customs and Boarder Patrol (CBP) Once Mobile Application
After confirming their information in the online account and completing required attestations, the beneficiary will receive instructions through their myUSCIS account 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: Advanced Travel Authorization to the United States
After completing step 3, the beneficiary will receive a notice in their online account about if CBP will provide them with authorization to travel to the US to seek parole.
If approved, the authorization is valid for 90 days, but does not guarantee entry or parole to the US. Beneficiaries should book their own flight to the US.
Step 5: Seek Parole at the Port of Entry
The port of entry will be the airport that you arrive at when you fly into the United States. CBP will inspect you here and consider you for a grant of discretionary parole on a case-by-case basis.
Beneficiaries will undergo screening and vetting and get their fingerprints taken. If the beneficiary is determined to pose a threat or not warrant parole, they will be processed under an appropriate processing pathway and may be referred to Immigration and Customs Enforcement.
Step 6: Parole
People granted parole will generally be paroled into the US for a period of up to 2 years and will be able to apply for employment authorization by filing Form I-765 online or via mail.
Keep in mind:
You must report your physical address in the US to USCIS while living in the United States, and if you move within the US, you should report this change within 10 days using the USCIS Online Change of Address system.
Your parole will be terminated if you depart the US or when your parole period expires
If you have any questions or would like an attorney to help you through this process, please reach out!