. The Parole Program (CP1) . CNN, 38. publication in the future. Root Causes of Migration in Central America This was evident when the human rights situation in Cuba began to decline significantly in 2020. 24. Untimely Form I-290Bs should be annotated, UNTIMELY MTR DENIED CAA I-485 FOR NO ADMISSION OR PAROLE. Applicants meeting the above criteria should attach a copy of the USCIS notice on top of any new Form I-485 or Form I-290B, indicate that they meet the criteria, and attach evidence of such criteria with their filing. These vessels often lack any safety equipment, including but not limited to: personal flotation devices, radios, maritime global positioning systems, or vessel locator beacons. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. Second, the government's response has been marked by further political repression, including widespread arrests and arbitrary detentions in response to protests. The Cuban Adjustment Act is the way for most Cubans to get their green cards in the USA. DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS through the online myUSCIS web portal to initiate the process. documents in the last year, 522 [52] documents in the last year, 822 Human Rights Watch, World Report 2022Cuba. These can be useful Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. The following chart describes coding on various immigration forms that identify the individual as a current or 'past' refugee. (last visited Dec. 17, 2022). In January, the Biden administration approved a parole program that requires migrants to request a permit online before arriving with the sponsorship of a relative or friend in the U.S. A new. Impact on DHS Resources and Operations, 1. This combination of factors has created untenable economic conditions on the island that are likely to continue to drive Cubans to travel irregularly to the United States in the immediate future. OMB has previously approved an emergency request under 5 CFR 1320.13 for a revision to an information collection from CBP entitled Advance Travel Authorization (OMB control number 1651-0143). This resource answers frequently asked questions about the CAA, including those regarding the eligibility requirements of inspection and admission or parole, physical presence, and admissibility. Public Law 89-732, Cuban Adjustment Act of 1966 (CAA), Nov. 2, 1966, should verify the contents of the documents against a final, official same Cuban detainee who could apply for Adjustment of Status if he was released on parole under . Sept. 21, 2022, However, Cubans who were not paroled into the United States may only file an application for a work permit concurrently with their applications for a green card. The Cuban Adjustment Act of 1966, or CAA, created a pathway for Cubans and their family members to adjust status in the United States as long as they meet certain requirements. He ruled that any immigrant who has been released from ICE's (U.S. Immigration and Customs Enforcement) custody at the border as a result of their entry without authorization had been paroled as a matter of law into the country. CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. . This will enhance the scope of the pre-travel vettingthereby enabling DHS to better identify those with criminal records or other disqualifying information of concern and deny them travel before they arrive at our border, representing an improvement over the status quo. For example, DHS published a notice eliminating an exception to expedited removal for certain Cuban nationals, which explained that the change in policy was consistent with the foreign affairs exemption because the change was central to ongoing negotiations between the two countries. Individuals who are determined to pose a national security or public safety threat are detained pending removal. Beginning in the 2010s, a growing share of migrants have come from Northern Central America[13] As in the process for Venezuelans, a supporter in the United States must initiate the process on behalf of a Cuban national (and certain non-Cuban nationals who are an immediate family member of a primary beneficiary), and commit to providing the beneficiary financial support, as needed. 116. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. Each of these processes operates independently, and any action to terminate or modify any of the other processes will have no bearing on the criteria for or independent decisions with respect to this process. Border encounters in the 1980s and This FAQ addresses commonly asked questions about who qualifies for TPS and Uniting for Ukraine, the respective application processes, and basic strategies for assisting Ukrainian clients. These migratory movements are in many cases facilitated by numerous human smuggling organizations, for which the migrants are pawns;[81] v. Id. This program allows eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. If granted parole, these family members may come to the United States without waiting for their immigrant visas to become available. 25. 11. Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice's publication, with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. SEC., https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th. 54. Within a week of the October 12, 2022 announcement of that process, the number of Venezuelans encountered at the SWB fell from over 1,100 per day to under 200 per day, and as of the week ending December 4, to an average of 86 per day. In FY 2022, 73 percent of unique encounters of Cuban nationals occurred in these two sectors. 107. HAVANA TIMES - On January 5, 2023, US President Joe Biden announced that Cubans, Nicaraguans and Haitians arriving at the US border will be returned to the countries they entered from or deported. On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph (f) of this section shall be denied parole and detained for removal in accordance with the provisions of Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. Regan, Many Afghans paroled into the United States in 2021 and 2022 are seeking to reunify with family members left behind in Afghanistan or who are residing in third countries. on On November 15, 2022, U.S. and Cuban officials met in Havana to discuss the implementation of the Accords and to underscore our commitment to pursuing safe, regular, and humane migration between Cuba and the United States. The OFR/GPO partnership is committed to presenting accurate and reliable https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/ Cuban Migrants Arrive to U.S. in Record Numbers, on Foot, Not by Boat, The Economist, 2021 Country Reports on Human Rights Practices: Cuba, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/ During this two-year period, the United States will continue to build on the multi-pronged, long-term strategy with our foreign partners throughout the region to support conditions that would decrease irregular migration, work to improve refugee processing and other immigration pathways in the region, and allow for increased removals of Cubans from the United States and partner nations who continue to migrate irregularly but who lack a valid claim of asylum or other forms of protection. daily Federal Register on FederalRegister.gov will remain an unofficial Not 6 percent: six total individuals, meaning that . (last visited Dec. 16, 2022). Document page views are updated periodically throughout the day and are cumulative counts for this document. See Start Printed Page 1276, A Cuban national is ineligible to be considered for advance authorization to travel to the United States as well as parole under this process if that person is a permanent resident or dual national of any country other than Cuba, or currently holds refugee status in any country, unless DHS operates a similar parole process for the country's nationals.[98]. Gil Says Economic Recovery Gradual, Inflation Must Be Better Addressed, Id. 81. Id. This policy provided Cubans a more convenient and accessible path into the continent, facilitating their ability to begin an irregular migration journey to the SWB via land routes. In FY 2022, Del Rio and Yuma sectors encountered over double (137 percent increase) the number of migrants as compared to FY 2021, a fifteen-fold increase over the average for FY 2014-FY 2019, in part as a result of the sharp increase in Cuban nationals being encountered there.[60]. Start Printed Page 1274 [92] The approximate number of migrants rescued by CBP in FY 2022 (almost 19,000 rescues)[77] Beneficiaries must follow all applicable requirements, as determined by DHS's Chief Medical Officer, in consultation with the Centers for Disease Control and Prevention, with respect to health and travel, including vaccination and/or testing requirements for diseases including COVID-19, polio, and measles. ; accord, e.g., The Yuma Sector is along the Colorado River corridor, which presents additional challenges to migrants, such as armed robbery, assault by bandits, and drowning, as well as to the U.S. Border Patrol (USBP) agents encountering them. Attorneys familiar with the Cuban Adjustment Act, which has given Cubans a virtually guaranteed path to legal residency and eventual citizenship, said the Cubans could have permission to stay. In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. documents in the last year, 83 (last visited Dec. 17, 2022). For its part, the GOM has made clear its position that, in order to effectively manage the migratory flows that are impacting both countries, the United States needs to provide additional safe, orderly, and lawful processes for migrants who seek to enter the United States. Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. [21] Only those who meet all specified criteria are eligible to receive advance authorization to travel to the United States and be considered for a discretionary grant of parole, on a case-by-case basis, under this process. SE, Washington, DC 20528-0445; telephone (202) 447-3459 (not a toll-free number). Cuba is undergoing its worst economic crisis since the 1990s[33] People who entering with parole do not have the status of legal permanent resident (LPR), but through the Cuban Adjustment Act (CAA) those with parole program can adjust their status to LPR after the year and a day of entering the country. DHS similarly invoked the foreign affairs exemption more recently, in connection with the Venezuela parole process. DHS found that [s]uch a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. edition of the Federal Register. For instance: The Cuban Adjustment Act contains a "roll back" provision, which back-dates permanent residency approval by 30 months; An "asylum" claim is not required. Memorandum for the Secretary from the Under Secretary for Strategy, Policy, and Plans, Acting Commissioner of U.S. Customs and Border Protection, and Director of U.S. This process is exempt from notice-and-comment rulemaking and delayed effective date requirements on multiple grounds, and is therefore amenable to immediate issuance and implementation. May 12, 2022 (last visited Dec. 17, 2022). National Security Council, This information is not part of the official Federal Register document. 2. Local Migrant Shelter Reaching Max Capacity as it Receives Hundreds per Day, The first 10 days of December 2022 saw 15,657 encounters of Cubans at the SWB. 22. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. 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