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Implementation of a New Family Reunification Parole Process for Ecuador
The parole process is established to expedite family reunification and present a secure alternative to perilous irregular migration routes across North and Central America to the United States. Ecuador joins a growing list of countries, including Cuba, Haiti, Colombia, El Salvador, Guatemala, and Honduras, where the U.S. has established a family reunification parole program.
Under this program, certain children and siblings of U.S. citizens and certain spouses and children of lawful permanent residents who are outside the country and awaiting an immigrant visa may be eligible to seek advance travel authorization and parole into the U.S. while they wait for their immigrant visa to become available. Potential participants in this family reunification parole program must be beneficiaries of an approved I-130 petition.
Announcement
On October 18, 2023, the United States Citizenship and Immigration Services (USCIS) announced a new family reunification parole process for certain Ecuadorian nationals that includes work authorization, furthering the Biden-Harris Administration's successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. This Parole process is voluntary, and it is intended to provide an additional lawful, safe, and orderly avenue for migration from Ecuador to the United States as an alternative to irregular migration, in order to relieve pressure at the Southwest Border (SWB) and reunite families, in accordance with US national security interests and foreign policy priorities.
Eligibility
A beneficiary is a national of Ecuador (or their immediate family member of any nationality) who is outside the United States and who may be considered for a discretionary grant of parole under this FRP process. To be considered for a discretionary issuance of advance authorization to travel to the United States to seek a discretionary grant of parole at the POE under this process, a beneficiary must:
Be outside the United States;
Be the principal beneficiary (or a derivative beneficiary spouse or child) of an approved Form I–130, Petition for Alien Relative;
Be a national of Ecuador or be a non-Ecuadorian derivative beneficiary spouse or child of an Ecuadorian principal beneficiary;
Have a petitioning relative in the United States who received an invitation to initiate this FRP process on the beneficiary's behalf by filing a Form I–134A;
Have a U.S.-based petitioning relative who filed a Form I–134A on the beneficiary's behalf that USCIS has vetted and confirmed;
Have not yet been issued an immigrant visa at the time the invitation is issued to the petitioning relative; and
Have an unexpired passport valid for international travel, or possess alternative acceptable documentation as described in the invitation letter issued to the petitioning relative.
In addition, each beneficiary must undergo and pass national security and public safety vetting and must demonstrate that they otherwise merit a favorable exercise of discretion by DHS.
Application Process of the New Family Reunification Parole for Ecuador
The New Family Reunification Parole process for Ecuador starts when the National Visa Center (NVC), an agency within the U.S. Department of State, issues an invitation to the U.S. citizen or lawful permanent resident family member who has already filed an I-130 petition on behalf of their relative and the petition has been approved. Beneficiaries waiting for an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then initiate the process by filing a request to support the beneficiary and eligible family members, paving the way for potential advance travel authorization and parole. There is no fee to file this form and no fees are required by the government to obtain travel authorization or a decision on a beneficiary’s request for parole.
On November 17, 2023, USCIS began using Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this procedure.
After the petitioning family member submits the I-134A and U.S. Citizenship & Immigration Services (USCIS) has determined that the sponsor’s income and financial resources are sufficient, USCIS and Customs and Border Patrol (CBP) will email the beneficiary with instructions on next steps. Beneficiaries must create an online account, obtain a medical examination, provide basic biographic information, and a photo before CBP issues a decision on the parole request.
Case-by-Case Authorization and Temporary Basis
As with all parole requests, the FRP process for certain nationals of Ecuador ensures that parole is granted only on a case-by-case and temporary basis. This authorization hinges on the determination of urgent humanitarian or significant public benefit reasons, coupled with a favorable exercise of discretion regarding the beneficiary.
Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.
If you have any questions on whether you or your family members may be eligible for the family reunification parole process, or are looking for guidance in the process, please reach out to our office via our email at intro@elizeelawfirm.com or you may call us at (305) 371-8846. For more information on how we can assist you, visit our website at www.elizeelawfirm.com.
Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846.