On January 6, 2023, the Department of Homeland Security (DHS) implemented a significant change to the parole program with respect to Haiti, Cuba, Argentina, and Nicaragua. Nationals and citizens from these four countries are fleeing devastating political violence, economic collapse, the effects of natural disaster, and more. The new parole program will provide refuge in the United States for up to two years to eligible Haitians, Cubans, Argentinians, and Nicaraguans who have a U.S.-based supporter. While this program does not provide a pathway to permanent legal status in the U.S., it does provide a temporary haven and work authorization to those fleeing difficult humanitarian crises in the Western Hemisphere.
Who is Eligible to be a Supporter?
There is a lot of information floating around the internet about the circumstances and experiences of the parolees from Haiti, Cuba, Argentina, and Nicaragua. However, there has been little discussion about the supporter’s role and responsibilities. So, who can be a supporter and if it worth it?
An individual is eligible to petition the U.S. Citizenship and Immigration Service (USCIS) as a supporter if the individual has lawful status and resides in the United States, can pass background and security checks, and can demonstrate an ability to financially support the parolee(s). Lawful status includes:
U.S. citizens and nationals
Lawful permanent residents (including conditional residents)
DACA recipients
Individuals with unexpired nonimmigrant status
Holders of temporary protected status (TPS)
Asylees and Refugees
Parolees
What Does it Mean to be A Supporter?
As a supporter, the individual is responsible for the financial well-being of the parolee while living in the U.S. under the parole program. USCIS has not provided specific guidance about the criteria used to determine how to meet the financial requirements as a supporter. However, supporters and potential parolees can safely use the financial guidelines from similar parole and sponsorship programs as a baseline. You can learn more about similar humanitarian parole programs and the requirements here. Generally, the supporter should aid to be 125% above the federal poverty guidelines.
Although USCIS states a supporter is only required to show proof of financial support, the realty is that the supporter will be the parolee’s tour guide to life in the United States. The supporter can be a family member but does not need to be one. In fact, there need not be a pre-existing relationship between the supporter and parolee, only a guarantee that the supporter will provide financial support for the parolee.
This means that family members, friends, or people with limited prior exposure to the parolee will be responsible for ensuring the financial and daily needs of a parolee or parolees. What does this entail? Many often forget that most parolees will be brand new to the United States. The parolee likely will not have an established community in the U.S. or be familiar with customs and norms of American society. Here are some daily routines and community building events in which a supporter may need to provide more than just financial support:
1. Navigating the American job market
2. Transportation or showing the parolee how to use public transportation
3. Community resources such as libraries and hospitals
4. Interpretation or translation if the parolee does not have command of the English language
5. Familiarizing the parolee with the norms of American society and the municipality in which they live
What if an Entity Provides Financial Support to the Parolee?
An entity, usually a not-for-profit organization, may provide documentations of its ability and willingness to provide financial support to the parolee during their stay in the U.S. when a supporter cannot prove they have the financial means. However, the Declaration of Financial Support (I-134A) for this parole process can only be submitted by an individual. This means that even where an entity indicates its ability to support the parolee, the individual supporter is the still responsible party.
Is it Worth it to Become a Supporter?
Of course, the decision to become a supporter is an individual one and should be carefully weighed before committing to the process. Although becoming a supporter may require the individual to take on additional financial responsibility, it can be a rewarding experience for many.
It seems like common-sense policy to allow individuals fleeing various humanitarian crises into the U.S. for their own safety. However, the U.S. economy will also benefit from the increase in citizens from Haiti, Cuba, Nicaragua, and Argentina. A growing number of economists believe that increased immigration will help address labor shortages in the agricultural, warehouse, healthcare, and science, technology, engineering, and mathematics (STEM) industries. Parolees will be eligible for work authorization during their stay in the U.S., therefore, they will contribute to the American economy and can assist in curing some of the labor shortages throughout the U.S.
Maybe the potential supporter has a family member or friend in Haiti, Nicaragua, Cuba, or Argentina who they want to ensure is safe. Maybe the potential supporter is aware of individuals suffering in one of the four designated countries and wants to save the lives of these individuals. Maybe the potential supporter is conscience of the significant contributions parolees will make to the American economy and wants to take part in a solution to the current economy crisis. Whether a potential supporter is motivated by one or all the above reasons, taking on the responsibility of being a supporter is a noble and rewarding cause.
Immigration attorneys and advocates are constantly gathering new information about the criteria used by USCIS to adjudicate these parole requests. The process may be complicated to navigate without the assistance of an attorney or advocate familiar with the immigration system. If you are considering becoming a supporter, schedule a consultation with Vizar Law, PLLC to learn how our attorney can guide you through this complex process.
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The information contained in this blog should not be taken as legal advice for any specific situation. The information contained on this website is only intended for informational purposes. A reader should contact an attorney for legal advice regarding their individual situation. Nothing in this blog or on the Vizar Law, PLLC website establishes an attorney-client relationship between Vizar Law, PLLC and a visitor to the website.
