La guía definitiva para solicitar una visa de parol humanitario para cubanos

The definitive guide to applying for a humanitarian parol visa for Cubans

Source: USCIS United States Citizenship and Immigration Services (USCIS)

The new regulations announced by the Department of Homeland Security (DHS) have our community revolted and at USA FILE Solutions we try to find the information you need to find out. This new "law" seeks to allow citizens of Cuba, Haiti, Nicaragua and Venezuela, and their immediate family members, to apply to travel to the United States in a safe and orderly manner.

The beneficiaries eligible persons may be considered for advanced travel authorization and a temporary period of up to two years, provided they meet a number of eligibility criteria and undergo a robust security vetting.

One of the fundamental requirements is to have a sponsor in the United States who agrees to provide financial support for the duration of parole in the United States. 

The first step in the process is that the sponsor U.S.-based company to present a Form I-134ASponsor Online Application and Declaration of Financial Support, with the USCIS for each beneficiary it seeks to support, including minor children. 

Upon receipt of this form, the U.S. Government will review the sponsor's information to ensure that it can financially support the beneficiaries it agrees to support.

It is important to note that these processes are subject to change and variation depending on the regulations and policies of the United States Government. I would suggest you to constantly check the information on the official website of the service of U.S. Citizenship and Immigration Services (USCIS) for updated information on the requirements and processes for applying for these temporary visas.

The Beneficiary

The above regulations specify the eligibility criteria for applicants for these temporary visa processes. 

To be eligible to apply and be considered for advance authorization to travel to the United States to seek parole under these processes, beneficiaries must:

  • Being outside the United States;
  • Be a citizen of Cuba, Haiti, Nicaragua or Venezuela or be an immediate family member. (spouse, domestic partner and/or unmarried child under 21 years of age) traveling with an eligible Cuban, Haitian, Nicaraguan or Venezuelan;
  • Having a U.S.-based sponsor. who filed a Form I-134A on your behalf that USCIS has investigated and confirmed;
  • Possess a valid passport valid for international travel;
  • Provide your own commercial travel and final destination in the USA;
  • Submit to and pass the background investigation national security and public safety required;
  • Comply with all additional requirementsincluding vaccination requirements and other public health guidelines; 
  • Demonstrate that the granting of parole is justified in terms of significant public benefit. or urgent humanitarian reasons, and that otherwise a favorable exercise of discretion is warranted.

In addition, it is important to note that anyone who does not meet these criteria or who has violated the conditions of their previous nonimmigrant status is not eligible to be considered for parole under these processes. 

It is also important to mention that these processes and criteria may change at any time and it is advisable to consult an immigration attorney or check the USCIS website for updated information.

The Sponsor

A sponsor or supporter is a U.S.-based person or entity that files a Form I-134A on behalf of a qualified beneficiary and agrees to provide financial support and lodging for the duration of the beneficiary's stay in the United States. 

The U.S. government will review the sponsor's information provided on the Form I-134A to ensure that it can fulfill this commitment to financially support the beneficiary.

To serve as a supporter, an individual or legal entity must meet the following requirements:

  • Be a U.S. citizen, national or legal permanent resident; 
  • have legal status in the United States, such as temporary protected status or asylum; 
  • be on probation or receive deferred action or deferred forcible release;
  • Pass background and security checks, including public safety, national security, human trafficking and exploitation concerns;
  • Demonstrate sufficient financial resources to receive, maintain and support the beneficiary for the duration of his or her probation period.

Supporters may be individuals or entities and must file a separate Form I-134A for each beneficiary and must be willing and able to meet their financial and support obligations during the beneficiary's stay in the United States.

The steps in the process are as follows:

  • A U.S.-based sponsor files a Form I-134A along with an online application to become a sponsor and a statement of financial support with USCIS to initiate the process. The sponsor must file a separate Form I-134A for each beneficiary it seeks to support.
  • USCIS screens and confirms the sponsor to ensure that it can financially support the beneficiary and protect the beneficiary from exploitation and abuse. If USCIS confirms the sponsor, the beneficiary will receive an email with instructions to create a USCIS online account.
  • The beneficiary must confirm their biographic information in myUSCIS and certify that they meet eligibility requirements, including public health requirements.
  • The beneficiary must enter their biographical information into CBP One and provide a photo. If approved, he or she will be provided prior authorization to travel to the United States to seek a discretionary grant of parole.
  • The beneficiary travels by air to the United States. Upon arrival at the port of entry, CBP considers whether parole is warranted due to urgent humanitarian reasons or significant public benefit.

It is important to mention that all of these steps are discretionary and are reviewed by USCIS and CBP, and there is no guarantee that an application will be approved, so it is important to have professional legal advice if you are looking to submit an application.

In a nutshell

Parole sponsorship processes are an option for those seeking to enter the United States who do not qualify for other forms of entry. It is a process that requires the intervention of a sponsor in the United States, who files an online application, Form I-134A, on behalf of the beneficiary seeking to enter the country. 

The sponsor must meet certain requirements, such as being a U.S. citizen, national or lawful permanent resident, having lawful status in the United States, and having sufficient financial resources to support the beneficiary. Once the sponsor is approved, the beneficiary will receive instructions on how to create an online account with USCIS and provide biographical information, including public health requirements. 

If approved, the beneficiary will receive prior authorization to travel to the United States and seek a discretionary grant of parole at a port of entry, based on humanitarian grounds and/or significant public benefit. It is important to note that, despite prior authorization to travel, entry and parole are not guaranteed.

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