Humanitarian Parole for Cubans, Haitians, Nicaraguans, and Venezuelans is a program under which citizens of these four countries, and their immediate family members, can be paroled into the United States for a period of up to two years if a person in the US agrees to financially support them. The program allows a combined total of 30,000 people per month from the four countries to enter the US. The program was implemented in 2022 (Venezuela) to 2023 (Cuba, Haiti, and Nicaragua [1] ) in response to high numbers of migrants and asylum seekers from these countries crossing into the US at the southwest border with Mexico. [2] Each of the four countries is facing political, social, and/or economic instability. [3] [4]
The CHNV Program is credited with greatly reducing numbers of people of these nationalities crossing into the US at the southwest border. After the implementation of Humanitarian Parole for Venezuelans, the number of Venezuelans encountered each week by the US Department of Homeland Security fell by over 90%. The US government promised to deport any person from these four countries who arrived to the US not through the program. [5]
The CHNV Parole program was modeled after Uniting for Ukraine, [6] which was implemented in response to large numbers of Ukrainians arriving at the US border with Mexico in 2022 as a result of the Ukrainian refugee crisis after Russia's invasion of Ukraine.
The first step is for a US-based sponsor to complete form I-134A online through a USCIS account. [7] The form asks the sponsor to agree to financially support an individual ("beneficiary") for the term of their parole.
If the form I-134A is confirmed (approved), the beneficiary will submit attestations of eligibility, along with photos of their face and their passport, to U.S. Customs and Border Protection through the CBP One app. CBP completes additional vetting and if approved, will issue Travel Authorization. This gives the beneficiary 90 days to arrive in the US. [8]
The beneficiary must travel by air. Upon arrival in the US, they may be paroled into the US for two years. [8]
Children must be accompanied by a parent or legal guardian. [9] [10]
The beneficiary must complete a tuberculosis test within 90 days of arriving in the US. Beneficiaries may file a request for work authorization (I-765), which typically take several months to be approved. [11] [12] Unlike Ukrainian and Afghan parolees, CHNV parolees do not automatically get work authorization upon arrival in the US. [13] A Social Security number can be requested as part of the work authorization form. [13]
Beneficiaries of the CHNV program are typically not eligible for refugee benefits or services. Beneficiaries from Nicaragua and Venezuela are typically not eligible for any mainstream government benefits, such as healthcare (Medicaid), food assistance (SNAP), and cash assistance (TANF). [14] However, in some states, children or people who are pregnant are eligible for Medicaid regardless of immigration status. [15] Beneficiaries from Cuba and Haiti may be eligible for government benefits as a result of their status as Cuban/Haitian Entrants. [16] [17]
Beneficiaries may apply for asylum, family-based immigration, or another immigration pathway if they are eligible. Some beneficiaries from Venezuela may be eligible for Temporary Protected Status if they arrived before July 31, 2023. [18] Cubans may adjust their status to apply for permanent residency after one year under the Cuban Adjustment Act. [19] However, for many migrants, there is no pathway to stay in the US after the two-year parole period. [20]
The Humanitarian Parole process is being challenged in court by Texas and 21 other states. [21] [22] [23] [24] A bench trial was held in Victoria, Texas on August 24-25, 2023. Post-trial briefs and Proposed Findings of Fact/ Conclusions of Law were filed by both parties on September 29, 2023. Responses to post-trial briefs were filed on October 27, 2023. [25]
An amicus brief in support of CHNV Parole was filed by attorneys general of New York and 14 other states and the District of Colombia. [26]
While initially some applications for sponsorship were being approved in a matter of days, wait times are typically many months. [27] [28]
According to USCIS data, over 1.8 million sponsorship applications had been filed as of July 2023. [29] With a limit of 30,000 people per month, [30] this represents five years' worth of applications.
The US Government, through the US Embassy in Nicaragua, continues to promote the CHNV Process as a "fast, simple, and legal" alternative to irregular migration. [31]
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
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Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.
Afghan refugees are citizens of Afghanistan who were forced to flee from their country as a result of wars, persecution, torture or genocide. The 1978 Saur Revolution, followed by the 1979 Soviet invasion, marked the first major wave of internal displacement and international migration to neighboring Iran and Pakistan; smaller numbers also went to India or to countries of the former Soviet Union. Between 1979 and 1992, more than 20% of Afghanistan's population fled the country as refugees. Following the Soviet withdrawal in 1989, many returned to Afghanistan, however many Afghans were again forced to flee during the civil war in the 90s. Over 6 million Afghan refugees were residing in Iran and Pakistan by 2000. Most refugees returned to Afghanistan following the 2001 United States invasion and overthrow of the Taliban regime. Between 2002 and 2012, 5.7 million refugees returned to Afghanistan, increasing the country's population by 25%.
Haiti—an island country 600 miles off the coast of the U.S. state of Florida—shares the Caribbean island of Hispaniola with the Dominican Republic. Haiti has received billions in foreign assistance, yet persists as one of the poorest countries and has the lowest human development index in the Americas. There have been more than 15 natural disasters since 2001 including tropical storms, flooding, earthquakes and hurricanes. The international donor community classifies Haiti as a fragile state. Haiti is also considered a post-conflict state—one emerging from a recent coup d'état and civil war.
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Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).
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The Cuban Adjustment Act, Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson, the law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year, and is admissible to the United States as a permanent resident.
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