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New DHS Processes Implemented for Cubans, Haitians, and Nicaraguans, Elimination on Cap for Venezuelans

On January 5, 2023, the Department of Homeland Security (DHS) announced new processes for qualifying Cubans, Haitians, and Nicaraguans with U.S. based supporters to travel by air and temporarily stay in the United States. Those coming in under this process may also apply for work authorization. In addition, DHS announced the removal of the numerical cap for a similar process for Venezuelans, which was announced earlier this year.

The free process provides a lawful and safe path for qualifying Cubans, Haitians, and Nicaraguans outside the U.S. and lacking U.S. entry documents to come to the U.S. on a temporary basis. Through the online process, individuals will be considered on a case-by-case basis for advance authorization to come to the U.S. and seek a period of parole for up to two years if they have a supporter in the U.S. who will provide financial and other support, undergo and clear security vetting, meet other eligibility criteria, and warrant a favorable exercise of discretion.
Implementation of this process for Cubans, Haitians, and Nicaraguans begins on January 6, 2023. DHS strongly encourages Cubans, Haitians, Nicaraguans, and Venezuelans that do not have and are not eligible for a visa to seek entry via this process because it is the safest and most effective way to pursue a temporary stay. The process must be completed electronically – individuals should not approach the border to access this process.

U.S. based individuals may now submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of named nationals of Cuba, Haiti, Nicaragua, and Venezuela to come to the U.S. Neither the U.S. supporter nor beneficiary is required to pay a fee for the form or participation in this process. DHS encourages applicants to be aware of any scams or potential exploitation by anyone asking for money from applicants in relation to this process.

If you have questions on this new program, be sure to contact our office to schedule a consultation with one of our attorneys today!