The Department of Homeland Security has announced processes for nationals from Cuba, Haiti, Nicaragua, Venezuela, and Ukraine to request to come to the United States under certain conditions.
The new processes for are based on the success of two government initiatives that provide a lawful pathway to the U.S., as well as a consequence for failing to use that pathway – Uniting for Ukraine and a process for Venezuelans that began in October.
They are intended to aid people facing specific challenges in these home countries and may be considered for authorization to travel and a temporary period of parole for up to two years.
Read on to learn from our Louisiana immigration attorney at The Jones Law Partners about what this status could mean for new immigrants.
What is Temporary Protected Status?
Temporary Protected Status (TPS) is a legal designation granted to foreign-born people who cannot return to their home country due to specified conditions, which may include:
- Human rights abuses
- Ongoing armed conflicts
- Natural disasters
- Economic or public health crises
If granted TPS, these nationals cannot be removed from the U.S. or be detained by the U.S. Department of Homeland Security due to immigration status. Additionally, with TPS status, they become eligible for employment authorization documents and travel authorization.
What is the Immigration Parole Process?
The Department of Homeland Security (DHS) has the discretion to grant “parole” to certain people to allow them to enter or temporarily remain in the U.S.
Despite the same terminology, “parole” in U.S. immigration law is vastly different from parole in the criminal law context.
Under immigration law, DHS may grant parole if there are urgent humanitarian or significant public benefit reasons for a person to be in the United States.
However, parole is typically granted for a limited period of time.
It’s also important to make the distinction that parole status is not the same as a more traditional immigration status or formal “admission” into the U.S.
Eligibility for TPS and Parole Processes
These new extended processes are specifically designated for nationals of the following countries (and their immediate family members):
- Cuba
- Haiti
- Nicaragua
- Venezuela
- Ukraine
In order to be eligible, beneficiaries must have a supporter in the United States – a U.S. citizen, national, or lawful permanent resident must agree to provide the beneficiary financial support for the duration of their temporary time in the U.S. They also must pass robust security vetting.
If you think you are eligible for TPS and parole, our Louisiana immigration lawyer is here to help.
How to Apply for TPS and Immigration Parole
In order to apply for these exceptions, a national from one of the above designated countries must follow the steps below:
- Step 1: Financial Support
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- The U.S.-based supporter will submit forms online to initiate the process. The United States Citizen and Immigration Services (USCIS) will then vet the supporter.
- Step 2: Biographic Information
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- If USCIS confirms a supporter, the beneficiary will have to confirm their biographic information for USCIS and that they meet public health requirements. They will need to download the U.S. Customs and Border Protection (CBP) One Mobile app and include their information there.
- Step 4: Advance Travel Authorization
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- CBP will then determine whether to provide the beneficiary with advance authorization to travel to the United States. If approved, this authorization is valid for 90 days.
- Step 5: Seeking Parole at the Port of Entry
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- At the port of entry, CBP will inspect beneficiaries on a case-by-case basis.
- Step 6: Parole
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- If granted parole, the beneficiary will most likely have parole for a period of up to two years, during which they can request work authorization.
Contact the Jones Law Partners Immigration Attorneys Today
If you think you or someone you know is eligible for TPS or immigration parole due to these extensions, our team at The Jones Law Partners is here for you. Contact our Louisiana immigration attorney to get started on your case today!
