2023 Immigration Processes for Cubans, Haitians, Nicaraguans, & Venezuelans

U.S. Citizenship & Immigration Services (USCIS) recently announced some updated processes in 2023 for Cubans, Haitians, Nicaraguans, and Venezuelans. It’s important to understand that these updates only apply to those individuals who aren’t currently in the United States. Essentially, the updated USCIS processes changed two elements for Cuban, Haitian, Nicaraguan, and Venezuelan immigrants:

1. Immigrants seeking asylum at the U.S.-Mexico border are no longer permitted to enter the U.S. – Those seeking asylum in the U.S. at the southern border will now be sent back to Mexico, even for immigrants who present themselves as a bridge or Port of Entry.
2. Eligible immigrants located outside U.S. borders can come to America under a temporary “parole” status – New USCIS processes permit noncitizens and potentially their family members, outside of the U.S. to travel by airplane to America under a temporary status.

Keep reading to learn more about the limitations and eligibility requirements for these new USCIS processes and how they can affect those coming to the U.S. from these four countries.

USCIS Announces New Processes for Nationals of Cuba, Haiti, Nicaragua, & Venezuela

In January 2023, the U.S. Department of Homeland Security (DHS) implemented new immigration processes for Cubans, Haitians, Nicaragua, and Venezuelans. It's crucial for noncitizens to understand the eligibility requirements involved with these updated processes to maximize their chances of obtaining lawful residence in the United States.

For the sake of giving individuals a fair chance of being selected to move forward, the updated processing for pending I-134A forms (“Online Request to be a Supporter and Declaration of Financial Support”) involves the following:

• USCIS will select approximately half of the pending applications at random to review on a daily basis
• The other half of the applications will continue to be evaluated in chronological order of filing date to ensure fair processing
• Duplicate I-134A forms for the same beneficiary will be rejected

Eligibility Requirements for Advance Travel Authorization

The DHS updated these processes to approve eligible immigrants for Advance Travel Authorization, offering the opportunity to travel to the U.S. safely. The program permits qualified beneficiaries beyond U.S. borders to travel with a temporary parole status for up to 2 years for the purpose of “urgent humanitarian reasons or significant public benefit.” Eligible beneficiaries must:

• Have a “supporter” who resides lawfully in the U.S. – Supporters must be a U.S. citizen or national, parolee or recipient of deferred action or Deferred Enforced Departure (DID), or a lawful permanent resident with lawful status in the U.S.
• Pass robust security vetting – Applicants must undergo clear thorough security vetting to be eligible for the new processes.
• Warrant a favorable exercise of discretion – This administrative principle verifies that the beneficiary is worthy of consideration due to a lack of negative factors weighing against them.

Unfortunately, not every national of Haiti, Venezuela, Cuba, or Nicaragua are eligible for these processes. Applicants are considered ineligible if any of the following factors apply:

• The applicant crossed a border into the U.S., Mexico, or Panama without documents – This entails Cubans, Haitians, and Nicaraguans who entered the U.S. after January 9, 2023, and Venezuelans who entered the U.S. after October 19, 2022.
• The applicant has a prior deportation – Immigrants who were deported from the U.S. within the last 5 years are ineligible.
• The applicant has dual citizenship in another country – Immigrants with dual citizenship or lawful permanent residence in countries beyond the U.S. are also ineligible. In some cases, however, the applicant may still be able to participate through a qualifying family member.

Compassionate Advocacy for NYC Immigrants

At Musa-Obregon Law PC, our New York immigration lawyers are committed to paving the path to lawful U.S. residence for immigrants and their loved ones. Whether you require assistance with removal orders, green cards, or employment visas, our firm can help make your American dream a reality. With over a century of combined legal experience, our skilled legal advocates are well-equipped to represent clients in a variety of immigration disputes, from same-sex immigration to immigration crimes. Reach out today to learn how we can help noncitizens and their families resolve the U.S. immigration matters you’re facing.

Immigration matters can be complex and costly. Turn to a trusted immigration lawyer you can trust to prioritize your needs from start to finish. Call (888) 502-8461 to schedule a free initial case evaluation.