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Immigration Process for Cubans, Haitians, Nicaraguans, & Venezuelans

new immigration process

Immigration Process

During the first week of January 2023 and as a response to an unprecedented surge of migrants, particularly at our southern border, the Department of Homeland Security (DHS) announced a new legal process for nationals of Cuba, Haiti, Nicaragua, and Venezuela. 

This new process, referred to as a parole process,  mirrors very closely the Process for Venezuelans and the United for Ukraine Program that DHS implemented in 2022, and it is meant to provide a lawful and streamlined way for nationals of the four countries and their immediate family members to come to the United States.  DHS has said that our government will accept up to 30,000 individuals per month, from these four countries, if they meet the required criteria. 

Through a fully online and free process, individual nationals of Cuba, Haiti, Nicaragua, and Venezuela can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years. Individuals participating in this process must have a sponsor in the United States who agrees to provide them with financial support for the duration of their period of stay.

 To participate in this process,  eligible nationals of Cuba,  Haiti, Nicaragua, and Venezuela must: 

  • Have a supporter in the United States;
  • Undergo and clear security vetting;
  • Meet other eligibility criteria; and
  • Warrant a favorable exercise of discretion.

To be a supporter/sponsor one must: 

  • Be a U.S. citizen, national, or lawful permanent resident; hold a lawful status in the United States such as Temporary Protected Status or asylum; or be a parolee or recipient of deferred action or Deferred Enforced Departure;
  • Pass security and background vetting, including for public safety, national security, human trafficking, and exploitation concerns; and
  • Demonstrate sufficient financial resources to receive, maintain, and support the individual(s) they are agreeing to support for the duration of their parole period.

There are various steps that need to be completed before an individual is paroled in the USA for a two-year period.

First Step – Providing Financial Support

The first step is for the U.S.-based sponsor to file online Form I-134A, Request to be a Supporter, and Declaration of Financial Support. The sponsor must complete form I-134A for each beneficiary, including minor children. Individuals can’t apply unless the sponsor in the United States has filed this form and has confirmed the means of financial support. 

Even though an individual is required to file, and sign Form I-134A,  multiple supporters may join. Organizations, businesses, and other entities can provide support as well during this process. 

Second Step – Submitting Biographic Information

After the USCIS approves the sponsor, the foreign national beneficiaries will be contacted and will be required to create a USCIS online account and enter biographic information and confirm eligibility. 

Third Step – Submitting Request in CBP One Mobile Application

Next, the beneficiaries will be notified on how to access the CBP One Mobile Application, to confirm biographic information and provide a photo.

Fourth Step – Obtaining Advance Travel Authorization to Come to the USA

The beneficiaries will be notified if they will be issued a travel authorization, valid for 90 days. They must make their own arrangements to travel to the USA within 90 days of the issued travel authorization. 

Process

Fifth Step – Seeking Parole at Port of Entry

Once they arrive at any port of entry, a CBP officer will determine on a case-by-case basis if parole pursuant to the new process is warranted for the individuals.

Sixth Step – Being Paroled in the United States

If approved,  the individuals will be admitted and issued a Parole for up to two years,  and once in the USA they will be eligible to apply for work authorization for those two years, as well as obtain social security number and ID.

More information regarding the New Process for Cubans, Haitians, Venezuelans, and Nicaraguans can be found at:   https://www.uscis.gov/CHNV

While the Process for Cubans, Haitians, Venezuelans, and Nicaraguans seems promising and it may help address some of the urgent issues with our southern border, this process alone will not solve all pressing matters within our immigration system. We need a more permanent solution for the immigrants who flee their countries due to despair, and for the ones who are already in our country. Our government needs to commit once and for all to the cause of immigrants, and Congress must pass long-overdue immigration reform. 

By : | January 27, 2023 | Immigration

Major Crimes That Might Bar Your US Citizenship Application

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Major Crimes That Might Bar Your US Citizenship Application

For many immigrants, obtaining US citizenship is often considered a tedious process. To be eligible for US citizenship application, you must be of a good moral and ethical standard. Certain past criminal or unlawful acts could limit your chances of getting citizenship. You might ask; What are those criminal or unlawful acts? Here, you will find the significant crimes that might limit your chances of receiving US citizenship.

For starters, the general question immigration officials will ask during your application process is whether or not you’ve been charged with, arrested for, or convicted for any unlawful act in the past. These crimes are not geographically limited to the States, meaning such illegal actions still count even if they were committed outside the country.

You should note that the nature of such crimes affects your application process differently. In essence, the severity of likely unlawful acts can cause a temporary or permanent bar on your request for US citizenship.

Crimes That Equate a Permanent Bar on US Citizenship Applications

If you have been convicted of either murder or an aggravated felony after November 29, 1990, you are unlikely to get your US citizenship application approved. According to the US Citizenship and Immigration Services (USCIS), many crimes qualify as aggravated felonies and are usually the most significant. The most common crimes are rape, drug or firearm trafficking, prostitution, sexual abuse of a minor, running a prostitution business, racketeering, and fraud of at least $10,000.

However, some other misdemeanors may still be classified as aggravated felonies, including seemingly minor issues like resisting arrest, driving under the influence, and smuggling aliens into the US are some of the crimes that can mar your US citizenship application. The nature of these crimes can be somewhat complex; hence, it’s in your best interest to consult an experienced immigration lawyer if you have any concerns.

Crimes That Equate to A Temporary Bar on US Citizenship ApplicationsUS Citizenship

Certain crimes could temporarily halt your application process. However, if you wait them out for a specific time and maintain a good moral attitude, it is likely for the USCIS to approve your citizenship application. Such acts include spending at least 180 days in jail or prison, operating a commercial vice enterprise, engaging in illegal vice activities, being convicted of or admitting to crimes of moral turpitude, having an illicit source of income such as gambling, or getting convicted of two or more gambling crimes.

 

Regardless of the nature of crimes committed, hiring the right professionals keeps you more informed and helps you know the necessary steps to achieve your desired outcome.

 

 

By : | December 20, 2020 | Immigration

Basic Categories of Immigrants in the US 

Basic Immigration Categories

Basic Categories of Immigrants in the US 

The immigration system in the US is quite intricate, and this is because of the rate at which foreign citizens troop into the USA annually. However, you would need a visa to enter the country except if you’re already a citizen of the country. The type of visa you get determines your immigrant status, the benefits you get, your stay, and some other basic details. 

Below is a quick run-down of the possible immigration status of non-citizens in the US. 

Permanent Resident Status 

Immigrants with permanent resident status are also called Lawful Permanent Residents [LPR]. An LPR is an immigrant issued a green card while coming to the US. Over a million people obtain green cards every year, and they could be sponsored by employers and family members or upgrade from being a refugee.

With a permanent resident status, you can work and pay taxes just like an average US citizen. Also, a US LPR who has continuously stayed in the USA for three to four years is qualified to apply for American citizenship.

Short-Term Visitor Status 

Short-term visa status is issued to immigrants who plan to stay in the US temporarily and leave when their visa elapses. However, they could decide to extend their visas to stay longer in the country, although it is still being determined.

Temporary visitor status is given to immigrants on business and visitor visas. Visitor visas, B-2, are issued to tourists, vacationers, and visitors for medical treatments. While business visas, B-1, to immigrants on a business mission. A temporary visa’s validity ranges between a month and ten years.

Student Status Immigrants in the US

A student visa is issued to foreign citizens who wish to study in the US. A student visa is of three types; F1 visa, J1 visa, and M1 visa. F1 visa is still the most issued student visa in the US. F1 visa is given to students attending an academic program in America. They are suitable to run the program part-time and also work on campus.

A J1 visa is issued to students who wish to get practical training in the US to complete their studies. This type of visa also has the same opportunities as an F1 visa. Lastly, the M1 visa is issued to foreigners who want a vocational program in the US. A student on an M1 visa is not allowed to work during the training.

Conditional Permanent Residents 

These conditional permanent resident immigrants in the US are predominantly alien spouses and their children who apply for LPR based on a qualifying marriage to an LPR citizen. The conditional status usually expires after two years unless the alien and the spouse have already filed for LPR before the expiration. 

Finally, it is best to know the immigrant status and be conversant with the current news. Things that were once allowed in the immigration system might no longer be acceptable. It’s advisable to gather some information before you apply for any visa of your choice. 

 

 

By : | December 1, 2020 | Immigration

Basic Things You Should Know About Non-Immigrant Visas In the US

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Basic Things You Should Know About Non-Immigrant Visas In the US

A non-immigrant visa is a type of visa that permits individuals to stay in the US on short visits. Unlike immigrant visas like green cards, people with non-immigrant visas in the US cannot stay permanently, and this visa type has both start and end dates after the stay expires. Some scenarios of non-immigrants include tourism, business purposes, health grounds, college, etc. 

Who Should Apply for a Non-Immigrant Visa? 

Anyone who is not a US citizen or a lawful permanent resident requires a non-immigrant visa to visit the country temporarily. However, it is good to know that citizens of certain countries will not need a non-immigrant visa as long as the visit will not extend beyond 90 days. This arrangement is called the “Visa Waiver Program,” which applies to 38 countries, especially EU countries. 

How to Apply for Non-Immigrant Visas In the US 

Applying for a non-immigrant visas in the US does pose considerable stress, and all you need is to follow the due process and gather the required documents. 

Step 1: Fill Out the Form DS-160

The first step to acquiring a non-immigrant Visa in the US is completing the form DS-160. This form allows you to provide personal information, including travel and employment history, family information, etc. 

Step 2: Pay the Visa Fee

Applying for a Non-immigrant visa comes at a cost. Once you fill out the DS-160 form, you should pay the visa fee to the consulate in charge of visa services. 

Step 3: Schedule a Visa Interview 

The next step is scheduling a visa interview at the US consulate or embassy. You can research the US department’s state appointment wait times, and the wait time depends on the US embassy you schedule an appointment with. 

Visas

Step 4: Gather Supporting Documents 

The supporting documents will determine if your visa will be approved or not. These documents include your interview appointment letter, international passport, proof of payment, and form DS-160 confirmation page. You might also have to show evidence of non-immigrant intent, which shows your intention to return to your country after the visit. 

Step 5: Go for Your Visa Interview 

The consular officer gets the time to review your documents and application. You will also have your fingerprints taken and swear an oath. Expect to answer many questions as accurately as possible. 

Step 6: Wait for The Visa Decision from The Embassy 

You can either have your visa approved or denied depending on several factors. Once your visa is approved, you can travel to the US any time before the expiry date. 

Note: US immigration laws enforce substantial consequences for staying beyond your visa due date. Therefore, it is best to keep the entry and expiry dates on your visa in mind.  

 

 

By : | October 30, 2020 | Immigration

Community Service And Advocacy

Cano Immigration is passionate about pro-bono work in the community and Attorney Cano is committed to advocacy for comprehensive immigration reform. Through philanthropy, by volunteering time, or providing pro bono legal services, the Firm continues to support various charitable organizations known for their tireless efforts in assisting refugees, and women and children fleeing persecution from their home countries.

For a list of the organizations and the work that Cano Immigration supports, and if you wish to get involved, please see below:

UNICEF www.unicefusa.org
Tahirih Justice Center http://www.tahirih.org
Kids in Need of Defense (KIND) https://supportkind.org/
Children’s Immigration Law Academy (CILA) www.cilacademy.org
American Immigration Counsel (AIC) www.americanimmigrationcouncil.org
Call now to get more details on Community Service and Advocacy: 832.288.2727