Visa Lawyer Blog

Articles Posted in Haiti

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megaphone-6587769_1280In a shocking turn of events, the Biden administration recently announced that it will not be renewing humanitarian parole protections for nationals of Cuba, Haiti, Nicaragua, and Venezuela. The CHNV parole program was first launched in October of 2022 to discourage illegal border crossings.

It previously allowed qualifying nationals and their immediate members to apply for advanced travel authorization and granted them a temporary period of parole of up to two years for urgent humanitarian reasons.

Individuals were required to have a U.S. based sponsor and pass security checks as part of the application process. Once paroled into the United States, applicants were eligible to apply for an employment authorization document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).

Now the humanitarian parole program is no more. The government has said that those who came to the United States using the parole policy, will need to obtain legal status through other means before their parole period terminates to remain in the United States. Those who have no lawful basis to remain in the country beyond the parole period will be required to depart or risk being placed in removal proceedings.

According to government data, approximately 538,000 migrants have used the program to travel to the United States (214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans).

The first group of nationals who will begin losing their parole status are Venezuelans who arrived in the U.S. through the CHNV program in October 2022. The parole periods of Cubans, Haitians, and Nicaraguans are set to begin expiring early next year.

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traffic-signs-464641_1280In this blog post we bring you some breaking news.

On Friday August 2, 2024, the Biden administration announced that it has paused the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela, effective immediately due to concerns regarding fraudulent filings and potential abuse of the program.

This means that the Department of Homeland Security (DHS) will temporarily pause the issuance of travel authorizations for new beneficiaries of the program seeking parole, while the agency implements additional security screenings and vets U.S. supporters who sponsor qualifying nationals to arrive in the United States.

While sponsors can still submit the Form I-134A Declaration of Support on the USCIS webpage, these applications will not be approved until further notice.

Only once new safeguards have been put in place, the agency will restart the processing of applications.

Please note that foreign nationals who have already been admitted through the program, will not be impacted by the pause.

Why was the Parole Program paused?

DHS officials have said that it stopped processing new parole applications in mid-July due to an internal report that highlighted potential abuse by U.S.-based sponsors, such as the filing of multiple applications from a single sponsor.

The Federation for American Immigration Reform (FAIR) obtained a copy of the report and released a statement of the findings which shows that thousands of I-134A declarations were filed containing fraudulent information, such as fake Social Security Numbers (SSNs), as well as SSNs belonging to deceased individuals, the use of false phone numbers, and filings using the same physical address.

According to the statement, “Some 100 addresses were listed on over 19,000 forms, and many parole applicants applied from a single property (including a mobile park home, warehouse, and storage unit). In addition, many applications were submitted by the same IP address…the same exact answers to Form I-134A questions were provided on hundreds of applications – in some instances, the same answer was used by over 10,000 applicants.”

These concerns have led the government to put in place further mechanisms to prevent such abuse.

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international-2693195_1280We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Haiti’s designation for Temporary Protected Status (TPS) for an 18-month period, from August 4, 2024 to February 3, 2026.

Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS country designation.

The redesignation was made based on the Secretary of Homeland Security’s assessment that Haiti faces challenges that warrant ongoing humanitarian assistance based on the regional violence and insecurity throughout the country.

Who qualifies?

You may be eligible to apply for TPS under Haiti’s designation if you continuously resided in the United States on or before June 3, 2024, and have remained continuously physically present in the United States since that date.

However, if you arrived in the United States after June 3, 2024, you are not eligible for TPS under Haiti’s designation.

It is estimated that Haiti’s redesignation will allow approximately 309,000 additional Haitian nationals to file an initial TPS application if they are otherwise eligible.

Haitian TPS recipients will also be allowed to retain their TPS benefits upon their re-registration.

First Time Applicants

Under the redesignation of TPS for Haiti, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 1, 2024 through February 3, 2026.

Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The I-765 form can be filed online.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period that runs from July 1, 2024, through August 30, 2024. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Haiti’s initial designation.

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As the 2024 U.S. presidential elections draw nearer, Biden and Mexico’s President Andres Manual Lopez Obrador, have announced joint efforts to combat illegal border crossings.

The two leaders have said that their administrations will take steps to decrease illegal border crossings by ordering their national security teams to cooperate. While specific details were not disclosed, a government official has said that immigration enforcement actions may include a crackdown to prevent railways, buses, and airports from being used for illegal border crossings.

The issue of immigration will likely sway voting age Americans who believe President Biden has not done enough to prevent illegal immigration.

Under intense scrutiny and political pressure, the Biden administration has attempted to appease these voters by getting tougher on immigration. Recently, the Biden administration attempted to include restrictive immigration policies as part of a $95 billion foreign aid package for Ukraine, Israel, and Taiwan. Biden called the immigration reform measure the “strongest border security bill this country has ever seen.” If passed, the measure would have given him the authority to turn away migrants at the U.S. Mexico border.

Against political gridlock however, Congress blocked the inclusion of the measure from the bill. This has left the Biden administration to consider the possibility of executive action and internal policy decisions to ramp up its enforcement efforts.

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We start the week with great news for Cuban and Haitian nationals.

On August 10, 2023, the Department of Homeland Security announced new publications in the Federal Register introducing changes to the Cuban and Haitian Family Reunification Parole processes.

The FRP program allows eligible Cuban and Haitian nationals to seek parole into the United States for the purpose of reuniting with their family members while they wait for their immigrant visas to become available to apply for adjustment of status to lawful permanent residence.

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In this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

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With the new year comes exciting new changes in immigration. We are happy to report that the government has just announced a brand-new parole process for Cubans, Haitians, and Nicaraguans modeled after the Uniting for Ukraine program and parole program for Venezuelans (introduced in October of 2022), granting eligible individuals two-year parole, including the ability to apply for employment authorization and remain lawfully present in the United States.

Separately, the government has released the CBP One mobile app, a new mechanism for noncitizens (land travelers only) to schedule appointments to present themselves at ports of entry, encouraging safe and orderly arrivals. Once Title 42 is no longer in place, this will be the scheduling mechanism for noncitizens to schedule a time to present themselves at a U.S. port of entry for inspection and processing, rather than arriving unannounced or attempting to cross in-between ports of entry. This includes those who seek to make asylum claims. Those who use the CBP One process will be eligible for employment authorization during their period of authorized stay.

Individuals who use the CBP One app will be able to schedule an appointment to present themselves at the following ports of entry:

  • Arizona: Nogales;
  • Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and
  • California: Calexico and San Ysidro (Pedestrian West – El Chaparral).

During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.

Individuals will be able to schedule appointments in CBP One in the coming days. The CBP One application is free to download and available in the Apple and Google App Stores.

Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The United States government has implemented a new parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela to prevent those eligible from making a dangerous trek to the United States.

*Please note Venezuela’s parole program has been in effect since October 18, 2022. 

The parole program will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States.

Eligible individuals will be able to seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization.

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We close off the week with some new announcements from the United States Citizenship and Immigration Services (USCIS) regarding TPS extensions for Haitian nationals, and USCIS commitments to improve immigration in the new year – fiscal year 2023.

TPS Extended for Haitian Nationals

On December 5, 2022, the Secretary of Homeland Security, Alejandro N. Mayorkas, announced that the TPS designation for Haiti will be automatically extended for 18 additional months. Haitian nationals with TPS benefits will have the opportunity to re-register for an extension of their TPS benefits for a period of 18 months from February 4, 2023, through August 3, 2024.

This automatic extension has been granted because the Secretary has determined that conditions continue to exist to support Haiti’s TPS designation due to extraordinary and temporary conditions in the country including a prolonged political crisis, insecurity, gang violence, and catastrophic earthquakes. According to Secretary Mayorkas, “The conditions in Haiti, including socioeconomic challenges, political instability, and gang violence and crime – aggravated by environmental disaster – compelled the humanitarian relief we are providing today.”

As a reminder, Haitians entering the United States after November 6, 2022, are not eligible for TPS benefits and, will be subject to removal from the United States if they have no legal basis to remain in the country.

TPS will apply only to those individuals who have already been residing in the United States as of November 6, 2022, and who meet all other requirements to receive the TPS extension. Those who attempt to travel to the United States after November 6, 2022, are NOT eligible for TPS benefits.

Soon, the Department of Homeland Security will publish a notice in the Federal Register explaining the eligibility criteria and procedures to re-register for TPS, renew Employment Authorization Documents (EADs), and submission of initial TPS application under the re-designation.

For more information, please click here.

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We are happy to share some great news for Temporary Protected Status (TPS) applicants! On November 29, 2021, the United States Citizenship, and Immigration Services (USCIS) announced that TPS applicants may now file Form I-821 Application for Temporary Protected Status and I-765 Application for Employment Authorization entirely online for certain country designations.

Who is eligible to apply online?

First-time TPS applicants and TPS beneficiaries who are re-registering are eligible to file Form I-821 and Form I-765 online, provided they are a national under one of the following current designations for TPS:

  • Burma (Myanmar)
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821 online, or they may choose to submit their Form I-765 separately later. TPS applicants are recommended to file both forms together to help receive their Employment Authorization Document more quickly.

Where can I file?

To file Form I-821 online, eligible TPS applicants should visit the myUSCIS page to log into or create a USCIS online account. Through their myUSCIS account, applicants will be able to track the status of their application, review requests for more evidence, download a copy of their receipt notice, and have the ability to communicate with USCIS about their application through a secure inbox.

Why the change?

The new online filing capability is part of USCIS’ efforts to streamline the application process and reduce workloads by easily and conveniently retrieving applications and supporting documentation electronically. Previously, TPS online filing was only available to individuals from certain countries. The expansion of the online filing capability will now give USCIS the ability to process applications and EADs on a more timely basis through its secure and convenient platform.

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In response to a court ordered preliminary injunction, that blocked the government’s plans to end the temporary protected status (TPS) of immigrants from El Salvador, Sudan, Haiti, and Nicaragua, the government has outlined a detailed plan to comply with the judge’s order.

As previously reported, U.S. District Judge Edward Chen issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

To comply with the court order, USCIS has notified the court that the agency will be publishing a notice in the Federal Register, announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua will remain in effect as long as the preliminary injunction remains in effect pending the resolution of the case. The Department of Homeland Security will continue to recognize the validity of TPS-related Employment Authorization Documents (EADs), Form I-94 Arrival and Departure Records, and Forms I-797 Notices of Action otherwise known as Approval Notices, to demonstrate the lawful status sand employment authorization of affected TPS beneficiaries.

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