DHS Under Secretary for Border Policy and Immigration, Blas Núñez-Neto, responded to questions about the humanitarian parole that Venezuelans, Cubans, Haitians and Nicaraguans could apply for to come to the U.S. for two years. Among the information provided, he clarified whether it is advisable to use it for the immigration benefit if a visa is already in process.
Are Venezuelans eligible for parole to the U.S. with pending visas?
The U.S. humanitarian parole for Venezuelans, Cubans, Haitians and Nicaraguans has become a hope for those who want to live and work in the U.S. regularly without needing a visa. However, some wonder if they are still eligible for this permit if they have a pending visa application.
Department of Homeland Security (DHS) Undersecretary for Border Policy and Immigration, Blas Núñez-Neto, informed during a live broadcast on January 26 that those with an open visa application in any category can still apply for humanitarian parole.
However, Nuñez-Neto warned that opting for the humanitarian program could negatively affect the visa application process, so he recommended that those who have already initiated a visa application wait to complete it before opting for parole. He reminded me that the program is for those who do not have a visa. “They can use the process, but it can hurt the visa. The best option is to wait,” he said.
Humanitarian Parole for Venezuelan, Cuban, Haitian and Nicaraguan Migrants: Pros and Cons
At the same time, he explained that those who have humanitarian parole and are already in the United States could not leave the country or make emergency trips until their stay expires. Doing so would result in the loss of the immigration benefit.
Humanitarian parole is an immigration benefit that allows Venezuelans, Cubans, Haitians and Nicaraguans who do not have visas to enter the United States through regular channels if they have a sponsor. If their petitions are approved, they are allowed to live and work in the country for two years.
The humanitarian program authorizes the entry of 30,000 migrants of four nationalities each month. According to Blas Núñez-Neto, more than 1,700 people from Cuba, Nicaragua and Haiti have entered the country since January 6, but he did not specify the number of Venezuelans.
About Humanitarian Parole
Humanitarian Parole is an immigration benefit that allows specific individuals to enter the United States temporarily due to a compelling emergency.
The individuals must otherwise be inadmissible to the U.S., but their entry is necessary to provide a significant public benefit. It is a discretionary and temporary status granted on a case-by-case basis to eligible individuals outside the U.S. who are otherwise inadmissible but whose entry would be in the public interest.
How long does immigration parole take?
The processing time for an immigration parole application can vary depending on the individual case and the workload of the agency reviewing the application. On average, however, it can take several months to receive a decision on an application.
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) has the authority to grant humanitarian parole and the processing time for their applications can take anywhere from a few months to over a year.
Please note that applications for humanitarian parole are adjudicated on an individual basis, and the timeframe for adjudication may vary depending on the complexity of the case, the documentation provided and the agency’s workload.
It is always best to check the agency’s current processing time and provide as much documentation as possible in support of your application.
Can a parolee get a green card?
While in the United States, a person on humanitarian parole can apply for a green card (lawful permanent residence). However, the process of applying for a green card while on humanitarian parole can be complex and there are no guarantees of success.
Humanitarian parole is a discretionary and temporary status granted on a case-by-case basis and does not provide a path to a green card. But some people granted humanitarian parole may qualify for other immigration benefits, such as adjustment of status to green cards if they meet the criteria for those programs.
Individuals on parole who wish to apply for a green card should seek the advice of an experienced immigration lawyer to determine their eligibility for any immigration benefit. They should also be aware that if their humanitarian parole is revoked, they could be placed in removal proceedings and barred from re-entering the United States.
Can an immigrant on parole work?
Individuals on humanitarian parole are authorized to work in the United States for the duration of their parole. They may apply for an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) and once they receive the EAD, they may work legally in the United States.
To apply for an EAD, a humanitarian parolee must file Form I-765, Application for Employment Authorization, with the USCIS along with the required fee and supporting documentation. The EAD application process can take several months.
It’s important to note that humanitarian parole is a discretionary and temporary status and does not provide a path to a green card. The work authorization is also temporary and will expire at the end of the parole. Because parole is a temporary status, work authorization is also temporary and will expire at the end of parole.
How long does it take to get a green card after advance parole?
Once an individual on humanitarian parole is eligible and applies for a green card, the process of obtaining a green card can take from several months to several years. The time frame for adjudication can vary depending on the complexity of the case, the documentation provided and the agency’s workload.
The process of obtaining a green card while on humanitarian parole can be complex and it is advisable to consult with an experienced immigration attorney for guidance. The individual must apply for adjustment of status to a green card by filing Form I-485 Application to Register Permanent Residence or Adjust Status.
Adjustment of the status usually involves an interview at a U.S. Citizenship and Immigration Services office and background checks that may last several months. After the interview, USCIS will decide whether to approve or deny the application. If approved, the individual will be issued a green card and must wait for the physical green card to arrive in the mail.
It’s important to note that not all individuals on humanitarian parole are eligible for a green card and that the process can take a long time; it’s best to consult with an immigration attorney to determine if you are eligible for adjustment of status.
