INTRODUCTION

The US Department of Homeland Security (DHS) has established a process through which nationals of the countries of Cuba, Haiti, Nicaragua, and Venezuela, and their close family members, may request to come to the USA safely and in a lawful way. A beneficiary of this program can get a work permit and temporarily live in the USA1.

Each month, up to 30,000 noncitizens may receive advance travel authorization from the US government. Those eligible for the processes for Cubans, Haitians, Nicaraguans, or Venezuelans can file a Form I-134A2 online at the US Citizenship and Immigration Services (USCIS) website. Form I-134A is the Online Request to be a Supporter and Declaration of Financial Support, which needs to be distinguished from the old Form I-134, the Declaration of Financial Support, which concerns a supporter that agrees to provide financial assistance to a beneficiary of specific immigration benefits throughout their temporary stay in the United States.

NEW REVIEW PROCESS

As a result of a great number of submissions of Form I-134A, which exceeds significantly the 30,000 monthly travel authorizations, an update of the review process came into effect on May 17th, 2023. This update has been established to give to all beneficiary of a Form I-134A an opportunity to move forward in the process and have a chance to seek the advance travel authorization.

This new review process consists of randomly selecting half of the monthly total number of Forms I-134A, regardless of the filling date, to determine whether a case can be confirmed or not. The other half will be reviewed by prioritizing the oldest Forms I-134A3.

The filling and submission of the new Form I-134A applies from January 6th, 2023, and is free of charge4. A Form I-134A should not be submitted if a Form I-134 was already submitted online before January 6th, 2023. The process of the case will go as normal, and no other actions will be required.

Potential US-based supporter or immediate family member of a national from Cuba, Haiti Nicaragua, and Venezuela under the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans should not submit a duplicate Form I-134A for the same individual. Instead, in the case where a Form I-134A has been rejected, they can submit a new file with more evidence.

1 If the request is approved, the beneficiary will be eligible to apply for U.S. work authorization. This is a temporary status for up to two years.

2 This form is used to request to be a supporter and agree to provide financial support to a beneficiary and experience some background examinations as part of Uniting for Ukraine or the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.

3 When cases are submitted, prioritizing the oldest Forms I-134A for review is known as the “first-in, first-out” method.

4 Neither the U.S.-based supporter nor the beneficiary is required to pay the US government a fee to file the Form I-134A and be considered for travel authorization. Any person who requests payment in exchange for taking part in this process may be engaging in fraud or exploitation.

FORM I-134A

The Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, is used as a request by a supporter to be a sponsor and agree to provide financial support to a beneficiary and go through some background checks as part of Uniting for Ukraine5 or the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.

Currently, the USCIS is only accepting the filing of the Form I-134A by individuals who are agreeing to financially assist a Ukrainian national as part of Uniting for Ukraine or a Cuban, Haitian, Nicaraguan, or Venezuelan national as part of the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans. The supporter needs to be located in the USA to file the Form I-134A and for each beneficiary they are agreeing to support.

In the case where the beneficiary is a minor (under 18 years old), the individual must be traveling to the USA in the legal custody of their parent or legal guardian and provide valid documents that confirm this relationship.

ELIGIBILITY REQUIREMENTS

Eligibility of the Supporter·      Holds lawful status to live in the US. Examples:
– US Citizen.

– Lawful permanent resident (green card)

– Asylee, refugee, or parolee.

– Temporary Protected Status holder (TPS)

– Nonimmigrants in lawful status.

·      Prove to have the financial resources to support a beneficiary for their entire time in the USA.

·      Pass security and background checks

Eligibility of the Beneficiary·      Be a national of Cuba, Haiti, Nicaragua, Venezuela.
·      Be outside the United States.
·      Have a supporter in the USA.
·      Have a valid passport.
·      Pass a security screening.
·      Be able to arrange and pay for the flight to the USA.
·      Get vaccinations and other medical requirements.
A beneficiary may also be the immediate family member of a national of Cuba, Haiti, Nicaragua, Venezuela which includes:
–     Spouses or common-law partners.
–     Unmarried child under the age of 21.

5 Uniting for Ukraine provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the US and stay temporarily in a 2-year period of parole.