Parole programs offer an individual, who may be inadmissible or otherwise ineligible for admission into the United States, the option to enter the United States on a temporary basis. From there, some parolees may apply for work authorization. Here, we highlight two currently available programs.

Uniting for Ukraine

Uniting for Ukraine is a parole program that provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the U.S. and stay for a temporary 2-year period.

To qualify for Uniting for Ukraine, there are two main requirements: (1) you must have a U.S. Supporter and (2) you must be a Ukrainian national (or their non-Ukrainian immediate family member). Uniting for Ukraine is a simple, online process. In a nutshell, the U.S. Supporter must file a form I-134A through my.USCIS.gov, provide the requested evidence, and the beneficiary must pass the background and medical check.

Once the I-134A is approved, U.S. Citizenship and Immigration Services (USCIS) will reach out to the beneficiary and confirm their biographical information as well as their tuberculosis, vaccine, and other medical status. If both the I-134A and the beneficiary are approved, the beneficiary will be granted authorization to travel to the United States. Once at a U.S. port of entry (i.e., airport), the U.S. Customs and Border Protection (CBP) officer will use their discretion to grant or deny parole. If parole is granted, the Ukrainian national will automatically be given work authorization.

Parole for Nationals of Cuba, Venezuela, Haiti, Nicaragua

Modeled after Uniting for Ukraine, the process is essentially the same with a few differences. Specifically for Cubans, the U.S. does not recognize the Cuban Covid-19 vaccine so the beneficiary will have to demonstrate that they will be receiving a Covid-19 vaccine upon arrival in the U.S.

Unlike with Uniting for Ukraine, if parole is granted, the beneficiary will have to apply for employment authorization. Employment authorization is not automatic. Additionally, the grants of parole are limited to 30,000 people per month from Cuba, Venezuela, Haiti, and Nicaragua combined.

Importantly, being granted travel authorization is not the same as being granted parole. The grant or denial of parole happens at the point of entry and is at the CBP officer’s discretion.

The purpose of this parole procedure is to prevent nationals from Cuba, Venezuela, Haiti, and Nicaragua from presenting themselves at the southern border. It is important to note that for both Uniting for Ukraine and parole for nationals of Cuba, Venezuela, Haiti, and Nicaragua, the beneficiary must be outside the United States to apply.

Role Of Attorneys

Currently, there is no option for Attorneys to fill out and file the form I-134A with USCIS on behalf of the U.S. supporters. While an attorney can offer general guidance and answer questions about this process, the USCIS website is not currently set up to allow attorneys to complete the I-134A on their side.

Recent Developments

Some southern states are suing the Department of Homeland Security (DHS) contesting the power of DHS to use parole as a mechanism to allow foreign nationals from Cuba, Venezuela, Haiti, and Nicaragua into the country. They claim it is an unlawful overreach of power that is not granted by Congress. If successful, it could stop the parole program. However, it is important to note that parole is a discretionary tool provided to DHS which generally is not reviewable by the courts.

At ILBSG, we are maintaining a close eye on parole programs, among many other developments. If you have questions about the parole programs or any other immigration-related issue, please reach out to an experienced attorney at ILBSG today. We are here to help.

Parole for Cubans Parole for Nicaraguans Parole for Venezuelans Parole Programs Uniting for Ukraine