People with a valid and current ATA can travelstated the official statement. Until now, airlines had paused the sale of tickets to the US for citizens who showed this approved permit, due to the uncertainty generated by the announcement of the suspension of the program.
The lawyer, expert in immigration issues, María Herrera Mellado, He added that “this advance will allow beneficiaries with a valid ATA to board flights to the US and advance their entry process into the country.”
In addition, he said that this is “a respite for pending applicants. The announcement has been received with optimism by thousands of applicants, especially those who still hope to travel.”
This way, although the future of the CHNV program remains uncertainpending cases continue to be processed, which It offers a window of opportunity for those who are still waiting for a resolution of their case, said Mellado.
CHNV is an immigration program which allows certain citizens of Cuba, Haiti, Nicaragua and Venezuela to live and work legally in the United States for two years.
New safeguards in the process
As part of an internal review, DHS has established safeguards to implement stricter measures in the management of the CHNV program, indicated the lawyer.
This includes more rigorous research in the applications submitted by sponsors, ensuring that the system is used fairly and efficiently, a strong criticism leveled at the Joe Biden administration for not exercising greater control over applications in the recent past, he indicated.
Although the document does not specify whether a person starting from scratch can be consideredsome sources have interpreted that according to the statement issued by the DHS on Advance Travel Authorizations, it also applies to new applicants who meet the established requirements.
Mellado, when asked about this point, said that in the DHS report It is not expressly said that the program was closed, Therefore, “it seems that people can continue applying,” although he considers that this aspect must be specified with the internal regulations of the official entity.
Recommendations for applicants
In its statement, DHS emphasized the importance of potential beneficiaries keep monitoring your account from the United States Citizenship and Immigration Services (USCIS) for updates on the applicable ATA.
This level of clarity is key for applicants that, after months of waiting, they needed concrete instructions on the next steps to follow, said Mellado, a partner at the firm. Kivaki Law Firm.
The future of the CHNV program
Despite this reactivation, Questions persist about the fate of the program under the incoming administration.
The DHS notice marks a positive step for program beneficiaries, as the debate continues about the impact and continuity of CHNV in the coming years, which, until now, is unknown, Mellado emphasized.
An Advance Travel Authorization is a document which allows beneficiaries of humanitarian parole to travel to the United States to request a temporary stay permit (two years).
Temporary stay
DHS reminds that if a person is granted temporary stay in the United States under these processes, their permit will automatically expire at the end of their temporary stay period.
According to the latest figures from the DHS, this program allowed the legal entry into the United States of a total of more than 530,000 citizens, including 93,080 Nicaraguans, 211,040 Haitians, 117,320 Venezuelans and 110,240 Cubans.
People who have this temporary permit must leave the United States before their period of stay expires.unless they have obtained or applied for an immigration benefit that allows them to stay in the United States after that time expires.
The official statement talks about some alternatives when it says that “You are likely eligible to apply for an Employment Authorization Document (EAD) to work legally in the United States if:
- He was recently granted temporary residence permit in the United States (“parole”) and said permit is still valid, or if you applied for asylum and said application has been pending for at least 150 days.
“If you have not yet begun the EAD application process, you can begin it by creating a USCIS account and submit Form I-765 online,” the DHS report states.
What does DHS say?
The DHS, in its latest update, recalled that the United States government can grant travel authorization to up to 30,000 non-citizens each month to request a temporary stay permit on a case-by-case basis, within the CHNV programs.
“…Under the new review process, USCIS will randomly select approximately half of the monthly total of Forms I-134A, online application to become a support person, and declaration of financial support regardless of filing date, from all cases pending review. We will review the other half of the monthly total of Forms I-134A in order of arrival based on the case filing date, which prioritizes the oldest form for review.”
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FOUNTAIN: INTERVIEW SPECIALIST MARÍA HERRERA MELLADO / DHS
