As of October 19, 2022, the United States Citizenship and Immigration Services (USCIS) and the United States Customs and Border Protection (CBP) have a new process called the Temporary Parole Program (TPP), for Venezuelans who would like to come to the United States, but lack U.S. entry documents. Eligible Venezuelan nationals may apply for consideration to obtain advance authorization to travel and remain in the U.S. for up to 2 years (“with parole”) for urgent humanitarian reasons and significant public benefit.
A Venezuelan national must complete several steps to apply successfully for TPP benefits. An experienced immigration lawyer can help you understand what each step requires and make sure the necessary information is gathered and submitted. USCIS has the discretion to approve or deny each TPP application, so filing correctly is vital.
Our Boston immigration lawyers [1] can help if you have questions or concerns about the new TTP process. For a case consultation, contact FitzGerald Law Company at (617) 303-2600.
General Eligibility Requirements for Venezuelans Who Would Like to Enter the United States Under TTP
Effective October 2022, the TPP process will be available for Venezuelans entering the United States. For Venezuelan citizens who qualify, the process allows for advance authorization to travel and a temporary parole period of stay of up to 2 years, granted on a case by case basis at USCIS discretion.
Basic Requirements for TTP
There are several basic requirements for Venezuelans to qualify for the TPP process [2]. First, a beneficiary must be outside the U.S. , have a passport valid for international travel, and have a “Supporter” / Sponsor, who is a person in the United States willing to provide financial and other support. The beneficiary will then submit biographic and biometric information that will be used for a national security and public safety screening, which they must pass. A beneficiary must also provide a complete record of their vaccinations and meet other public health requirements.
When is a Venezuelan Citizen Ineligible to Apply for TTP?
There are circumstances in which a Venezuelan citizen would be ineligible for the program. For instance, if a beneficiary has been ordered to be removed from the United States in the previous five years or if they are an unaccompanied child (under the age of 18), they will not qualify for TPP. Furthermore, they must not have entered the United States without authorization at a place other than a lawful port of entry after Oct. 19, 2022.
A beneficiary would also be considered ineligible if they unlawfully entered Mexico or Panama after Oct. 19, 2022. Finally, an applicant cannot be a permanent resident or dual national of any country, other than Venezuela, or currently hold refugee status in any country (this does not apply to immediate family members traveling with the applicant). Our immigration lawyers can explain the new TTP process for Venezuelans entering the United States and answer any questions you might have.
TPP Application Process for Venezuelans Coming to the United States
There are several steps to successfully applying for the TPP program that Venezuelan nationals and their supporters considering the process should be aware of.
Find a Supporter / Sponsor
First, a beneficiary must have a person in United States to serve as their “Supporter.” The Supporter must submit a Form I-134 [3], Declaration of Financial Support, which collects information on both the supporter and the beneficiary. This process can be completed online through the myUSCIS [4] web portal and if there is more than 1 beneficiary, then the supporter must submit a separate Form I-134 for each person they seek to support, including immediate family members and minor children.
It is important to note that the Supporter does not have to be related or have familial ties to qualify but must have a lawful status or temporary permission to live in the U.S.
There are many types of individuals who meet this requirement including:
- U.S. citizens and nationals
- Lawful permanent residents
- Lawful temporary residents
- Conditional permanent residents
- Nonimmigrants in lawful status
- Asylees, refugees, and parolees
- Temporary Protected Status (TPS) holders
- Beneficiaries of immigration deferred actions
Under this new TPP process, supporters must be willing and able to receive, maintain, and support a beneficiary for the duration of their parole. This includes receiving the beneficiary upon arrival in the United States and transporting them to their initial housing. The supporter must also ensure that the beneficiary has safe and appropriate housing and healthcare during their parole period and provide necessities. They should also help the beneficiary complete the necessary paperwork for employment authorization, a Social Security card, and services for which they may be eligible.
Submit Biographical Information
Once USCIS vets and confirms your supporter, you will receive an email from USCIS directing you to confirm your biographic information in myUSCIS and attest to meeting the eligibility requirements listed previously. Beneficiaries must also confirm that they meet the public health requirements, including certain vaccinations that are required.
Update Your Information in the CBP One Mobile Application
After confirming your biographic information in myUSCIS, you will receive instructions through myUSCIS on how to access the CBP One mobile application [5]. You will also be required to enter your biographic information into CBP One and provide a photo. This is in addition to the biographical information you provided previously to USCIS and it is not a substitute.
Receive Advanced Travel Authorization to the United States
Once approved, CBP will provide advance authorization to travel to the United States to seek a discretionary grant of parole, decided on a case-by-case basis. This travel authorization is valid for 90 days.
Request Parole at the Port of Entry
When a beneficiary arrives at a port of entry, CBP will inspect them and consider them for a grant of discretionary parole. Beneficiaries will undergo additional screening and inspection, including additional fingerprinting and biometric vetting. If an individual is determined to pose a national security or public safety threat or otherwise not warrant parole, they will not be permitted to participate in this program, and may be processed for removal and referred to U.S. Immigration and Customs Enforcement (ICE).
Individuals who are granted parole under this program will generally be paroled into the United States for a period of up to 2 years. Our immigration lawyers [6] can help you overcome the many challenges of securing your parole status.
After the Beneficiary is Paroled into the United States Under the TPP Application Process
After you are paroled into the United States, you will be eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), you must submit Form I-765 [7], Application for Employment Authorization.
You are also encouraged to apply for a Social Security number (SSN) also using Form I-765 and it is required that you maintain your address updated with USCIS. In fact, you must report your physical address if you reside in the United States longer than 30 days and you must report a change of address to USCIS [8] within 10 days of moving within the United States or its territories.
Our immigration lawyers can help you with the TTP application process so that you have the best chance of having it approved.
Our Immigration Lawyers Can Help
If you are considering applying for the TPP program or helping someone who is, our immigration lawyers at FitzGerald Law Company can provide you with a case evaluation today. Call us at (617) 303-2600.