DHS Implements New Process for Venezuelans
On October 12, 2022, the Department of Homeland Security (DHS) announced a new parole process for Venezuelans Citizens. This new process allows for eligible Venezuelan nationals and their immediate family members to come to the United States.
The new process aims to provide a lawful method for nationals of Venezuela who are outside of the United States and who lack entry documents, to enter the United States on a temporary period of parole for up to two tears for urgent humanitarian reasons. This process is done on a case-by-case basis.
To be considered for this process, an applicant must:
Have a supporter (sponsor) in the United States who will provide financial and other support;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
To begin the process, the supporter (sponsor) must file a Form I-134, Declaration of Financial Support, with USCIS for each proposed beneficiary. The sponsor must provide information on their income and assets. The U.S. government will then vet the supporter (sponsor) to ensure that they are able to financially support the Venezuelan nationals they are agreeing to support.
Should USCIS deem the Form I-134 sufficient, they send the beneficiary information about the next step in the process to be considered for authorization to travel to the United States and parole consideration at an air port of entry.
Per USCIS, “once beneficiaries receive their travel authorization, they should arrange to fly directly to their final destination in the United States. Upon arrival at the interior port of entry, individuals will be inspected and considered for parole. Those who attempt to enter the U.S. at land ports of entry will generally be denied entry.”
If granted parole, it will typically be for a two-year period. Once granted parole, the beneficiary may apply for employment authorization and request a social security number. Departing the United States without obtaining advance authorization to travel, will result in the termination of the parole. Parolees wishing to request permission for advance travel and parole may wish to contact an immigration attorney to discuss the eligibility requirements.
Supporter (Sponsor) Requirements:
An individual who holds lawful status in the United States or is a parolee or beneficiary of deferred action or Deferred Enforced Departure (DED) who has passed security and background vetting and demonstrated sufficient financial resources to receive, maintain, and support the individuals whom they commit to supporting for the duration of their stay in the United States.
A Venezuelan national (or their immediate family member) who is outside the United States and who may be considered for parole under this process.
To be considered for advance authorization to travel to the United States under this process, a beneficiary must:
Be a national of Venezuela or be an immediate family member (spouse, common-law partner, or unmarried child under the age of 21) of an eligible Venezuelan and traveling with them;
Possess a passport valid for international travel;
Be outside the United States;
Have a U.S.-based supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed;
Provide for their own commercial travel to a U.S. airport and final U.S. destination;
Undergo and clear required screening and vetting;
Not be a permanent resident or dual national of any country other than Venezuela, and not currently hold refugee status in any country;
This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela who they are traveling with.
Not be an unaccompanied child;
Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
Not have been ordered removed from the United States within the past 5 years or be subject to a bar based on a prior removal order;
Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
Comply with all additional requirements, including vaccination requirements and other public health guidelines.
Can Eligible Venezuelans Register Now?
Yes. On October 18, 2022, the program was officially launched. This program has an initial cap of 24,000 so it is important to timely submit all required documentation to have the best chance of success.
At The Law Office of George K. Gomez, our immigration lawyers can help you learn more about the new Venezuelan Parole Process, the benefits of parole, and whether your loved ones qualify for this benefit.
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