Visa Lawyer Blog

Articles Posted in Venezuela

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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venezuela-162459_1280The Department of Homeland Security (DHS) has revoked an extension of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden, leaving more than 600,000 Venezuelans who are already in the United States in legal limbo. The extension would have provided benefits to Venezuelans through October 2, 2026.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will last through at least April 2, 2025.

Those who are registered under the 2021 Venezuela TPS designation will have TPS protection through at least September 10, 2025.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS extensions for Venezuelan nationals.

What this means

According to a notice which is set to be published in the Federal Register on February 3, 2025, Venezuela’s 2021 and 2023 designations for Temporary Protected Status (TPS) will revert to their prior expiration dates as follows:

  • 2023 Venezuela TPS Designation: TPS is valid for current beneficiaries through April 2, 2025. DHS will need to determine whether to extend Venezuela’s 2023 designation by the deadline of Saturday, February 1, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than April 2nd)
  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than September 10th).

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megaphone-6587769_1280In a shocking turn of events, the Biden administration recently announced that it will not be renewing humanitarian parole protections for nationals of Cuba, Haiti, Nicaragua, and Venezuela. The CHNV parole program was first launched in October of 2022 to discourage illegal border crossings.

It previously allowed qualifying nationals and their immediate members to apply for advanced travel authorization and granted them a temporary period of parole of up to two years for urgent humanitarian reasons.

Individuals were required to have a U.S. based sponsor and pass security checks as part of the application process. Once paroled into the United States, applicants were eligible to apply for an employment authorization document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).

Now the humanitarian parole program is no more. The government has said that those who came to the United States using the parole policy, will need to obtain legal status through other means before their parole period terminates to remain in the United States. Those who have no lawful basis to remain in the country beyond the parole period will be required to depart or risk being placed in removal proceedings.

According to government data, approximately 538,000 migrants have used the program to travel to the United States (214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans).

The first group of nationals who will begin losing their parole status are Venezuelans who arrived in the U.S. through the CHNV program in October 2022. The parole periods of Cubans, Haitians, and Nicaraguans are set to begin expiring early next year.

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traffic-signs-464641_1280In this blog post we bring you some breaking news.

On Friday August 2, 2024, the Biden administration announced that it has paused the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela, effective immediately due to concerns regarding fraudulent filings and potential abuse of the program.

This means that the Department of Homeland Security (DHS) will temporarily pause the issuance of travel authorizations for new beneficiaries of the program seeking parole, while the agency implements additional security screenings and vets U.S. supporters who sponsor qualifying nationals to arrive in the United States.

While sponsors can still submit the Form I-134A Declaration of Support on the USCIS webpage, these applications will not be approved until further notice.

Only once new safeguards have been put in place, the agency will restart the processing of applications.

Please note that foreign nationals who have already been admitted through the program, will not be impacted by the pause.

Why was the Parole Program paused?

DHS officials have said that it stopped processing new parole applications in mid-July due to an internal report that highlighted potential abuse by U.S.-based sponsors, such as the filing of multiple applications from a single sponsor.

The Federation for American Immigration Reform (FAIR) obtained a copy of the report and released a statement of the findings which shows that thousands of I-134A declarations were filed containing fraudulent information, such as fake Social Security Numbers (SSNs), as well as SSNs belonging to deceased individuals, the use of false phone numbers, and filings using the same physical address.

According to the statement, “Some 100 addresses were listed on over 19,000 forms, and many parole applicants applied from a single property (including a mobile park home, warehouse, and storage unit). In addition, many applications were submitted by the same IP address…the same exact answers to Form I-134A questions were provided on hundreds of applications – in some instances, the same answer was used by over 10,000 applicants.”

These concerns have led the government to put in place further mechanisms to prevent such abuse.

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venezuela-646973_1280

We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Venezuela’s designation for Temporary Protected Status (TPS) for an 18-month period.

Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS designation.

Who qualifies?

You may be eligible to apply for TPS under Venezuela’s 2023 designation if you continuously resided in the United States on or before July 31, 2023, and have been continuously physically present in the United State on or before October 3, 2023.

However, if you arrived in the United States after July 31, 2023, you are ineligible for TPS.

It is estimated that Venezuela’s redesignation will allow approximately estimated 472,000 additional Venezuelan nationals to file an initial TPS application. Approximately 243,000 current beneficiaries will be allowed to retain their TPS benefits upon their re-registration.

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dialog-g80b74c29a_1280

In this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

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With the new year comes exciting new changes in immigration. We are happy to report that the government has just announced a brand-new parole process for Cubans, Haitians, and Nicaraguans modeled after the Uniting for Ukraine program and parole program for Venezuelans (introduced in October of 2022), granting eligible individuals two-year parole, including the ability to apply for employment authorization and remain lawfully present in the United States.

Separately, the government has released the CBP One mobile app, a new mechanism for noncitizens (land travelers only) to schedule appointments to present themselves at ports of entry, encouraging safe and orderly arrivals. Once Title 42 is no longer in place, this will be the scheduling mechanism for noncitizens to schedule a time to present themselves at a U.S. port of entry for inspection and processing, rather than arriving unannounced or attempting to cross in-between ports of entry. This includes those who seek to make asylum claims. Those who use the CBP One process will be eligible for employment authorization during their period of authorized stay.

Individuals who use the CBP One app will be able to schedule an appointment to present themselves at the following ports of entry:

  • Arizona: Nogales;
  • Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and
  • California: Calexico and San Ysidro (Pedestrian West – El Chaparral).

During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.

Individuals will be able to schedule appointments in CBP One in the coming days. The CBP One application is free to download and available in the Apple and Google App Stores.

Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The United States government has implemented a new parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela to prevent those eligible from making a dangerous trek to the United States.

*Please note Venezuela’s parole program has been in effect since October 18, 2022. 

The parole program will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States.

Eligible individuals will be able to seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization.

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venezuela-g25f459dd7_1920

In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.

What is this program all about?

USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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borders-ga8db894a2_1280

The Biden administration is ramping up efforts to secure the Southwest border to curb illegal immigration stemming from the humanitarian and economic crisis in Venezuela.

In a press release issued October 12, 2022, the Biden administration announced that effective immediately, Venezuelans who enter the United States between ports of entry, without authorization, will be returned to Mexico, pursuant to its agreement with the Mexican government.

The U.S. government also announced a new process to efficiently grant admission of up to 24,000 Venezuelans into the country, that mirrors the Uniting for Ukraine program. This effort is designed to encourage lawful and orderly admission to the United States for Venezuelans.

To be eligible for this new program, Venezuelans must:

  • have a supporter in the United States who will provide financial and other support;
  • pass rigorous biometric and biographic national security and public safety screening and vetting; and
  • complete vaccinations and other public health requirements.

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