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Eligibility Criteria for the new Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans

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The Department of Homeland Security, DHS has announced a parole process for nationals and their immediate family of Cuba, Haiti, Nicaraguan that was previously only available to Venezuelans to request to come to the United States for a temporary period of up to two years for urgent humanitarian reasons or significant public benefit. The process is supposedly designed to allow for a safe and lawful way for noncitizens of these countries to travel by air to the United States. These noncitizens will also be allowed to temporarily reside in the United States and apply for work authorization for a period up to 2 years. We previously discussed a similar process for Ukrainians here. We also discussed this parole process when it was only available for Venezuelan nationals here.

To be eligible, a qualifying noncitizen must Demonstrate:

  • That the noncitizen Is a national of Cuba, Haiti, Nicaragua, or Venezuela (or their immediate family member of any nationality).
  • The noncitizen is outside the United States.
  • The noncitizen has a U.S. based supporter has filed a form I-134A on the noncitizen’s behalf.
  • The noncitizen possesses an unexpired passport valid for international travel.
  • The noncitizen must provide for his own commercial travel to an air U.S. POE and final U.S. destination.
  • The noncitizen must undergo, and pass required national security and public safety vetting.
  • The noncitizen must comply with all additional requirements, including vaccination requirements and other public health guidelines.
  • The noncitizen must 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.

Immediate family members will also be eligible and can include immediate family of any nationality.

Immediate family members 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.

Furthermore, noncitizen applicants must demonstrate they are not ineligible.

A noncitizen is ineligible if:

  • 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. We have discussed removal proceedings here.
  • Has crossed irregularly into the United States, between the Ports of Entry, after the date the process was announced (for Venezuelans, after Oct. 19, 2022; for Cubans, Haitians, and Nicaraguans, after Jan. 9, 2023), except individuals permitted a single instance of voluntary departure or withdrawal of their application for admission will remain eligible.
  • Has irregularly crossed the Mexican or Panamanian border after the date the process was announced (for Venezuelans, after Oct. 19, 2022; for Cubans, Haitians, and Nicaraguans, after Jan. 9, 2023).
  • 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.

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