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May 19, 2023

USCIS Updates Review Procedure for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

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On May 17, 2023, USCIS updated the review procedure for the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. The update is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, to move forward through the process and seek advance travel authorization. The Biden administration first announced this update Jan. 5, 2023.

Under the new review process, USCIS will randomly select about half of the monthly total, regardless of filing date, from the entire pending workload of Form I-134A to determine whether the case can be confirmed. They will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the "first-in, first-out" method, which prioritizes the oldest Forms I-134A for review.

Potential supporters should not submit a duplicate Form I-134A for the same beneficiary. USCIS will not accept a duplicate Form I-134A if a previously submitted Form I-134A between the same potential supporter and beneficiary is pending. If USCIS does not confirm a Form I-134A, but a supporter believes they meet the requirements to be a supporter under the process, they may file a new Form I-134A and submit additional information as evidence.

Under this updated review procedure, processing times will vary. Potential supporters may monitor the status of a Form I-134A they filed in their USCIS online account or check the most recent status in Case Status Online. The USCIS Contact Center cannot provide any additional information about the status of your case.

Following are the eligibility requirements for the processes for Cubans, Haitians, Nicaraguans, and Venezuelans:

  • Be a national of Cuba, Haiti, Nicaragua, or Venezuela;
  • Be outside the United States;
  • Have a U.S.-based supporter who filed a Form I-134A on your behalf that USCIS has vetted and confirmed;
  • Provide for your 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 one of these four countries, and not currently hold refugee status in any country;
  • Not be an unaccompanied child;
  • Not have been ordered removed from the United States within the past five 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.

Those eligible for the processes for Cubans, Haitians, Nicaraguans, or Venezuelans can file a Form I-134A online at the USCIS website. Supporters must also file a Form I-134A. Once both forms are filed, USCIS will review the case and make a decision.

Those granted parole will be allowed to stay in the United States for up to two years. During that time, parolees may be eligible to work and apply for a social security number.

Those with questions about the processes for Cubans, Haitians, Nicaraguans, or Venezuelans should consult with experienced immigration counsel.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

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