U.S. Citizenship and Immigration Services (USCIS) recently announced that Ecuador had been added to the list of countries whose nationals can participate in the family reunification parole (FRP) program. Ecuador now joins six other countries whose nationals can participate: Haiti, Cuba, El Salvador, Guatemala, Honduras, and Colombia. While this program is not new, it has recently been reinstituted, modified, and expanded. For that reason, many practitioners may not have experience representing affected clients and may wonder what the program’s purpose is, who is eligible, what the benefits are, and how the process operates. This article attempts to answer those questions as well as provide practical advice.

Parole will be authorized by the Department of Homeland Security (DHS) on a case-by-case and temporary basis after the agency determines that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. At this point it is unclear what factors the agency will be applying when choosing the petitioners who will receive invitations, how many persons are being considered in the target pool, or the standards they will be applying in determining whether to grant parole.

Purpose of the FRP program

The purpose of the FRP process is to allow beneficiaries of approved I-130 petitions in the family-based preference categories to be paroled in the United States rather than waiting and proceeding through the immigrant visa process. This allows them to reunite with their families while they wait for their immigrant visas to become available. It is not available to beneficiaries classified as immediate relatives, nor to those residing in the United States. The assumption is that after these beneficiaries are paroled into the United States, they will apply for a work permit and then adjustment of status when their priority dates become current. This program is available by invitation only; neither the petitioner nor the beneficiary can initiate the process.

History of various family reunification programs

Previous administrations have exercised the parole authority to establish other family reunification parole processes that were administered by U.S. Citizenship and Immigration Services (USCIS). These include the following: the Cuban Family Reunification Parole Program in 2007; the Haitian Family Reunification Parole Program in 2014; a new FRP process for Colombia, El Salvador, Guatemala, and Honduras in July 2023; modernization of FRP processes for Cuba and Haiti in August 2023; and the inclusion of Ecuador to the FRP program in November 2023.

Which beneficiaries can participate?

The beneficiary must have an approved I-130 in one of the preference categories and be a national of one of the designated seven countries. The principal beneficiary may be a dual national of a different country as long as they are a national of one of the seven designated countries. Beneficiaries include the principal beneficiary and derivative beneficiaries listed on the petitioner’s Form I-130. Additional derivative beneficiaries may be added, such as a spouse and child who were not listed on the petitioner’s Form I-130 but have since joined the family. Every beneficiary will need to undergo a medical exam by a panel physician and receive clearance.

Child beneficiaries must be under 21 on the date the petitioner files Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS. In addition, children must be at least 18 years of age or be traveling with a parent or legal guardian. Derivative spouses and children do not need to be nationals of one of the seven designated countries.

How and when does the FRP program start?

Either the Department of State’s National Visa Center (NVC) or USCIS begins the process by issuing an invitation to a U.S. citizen or lawful permanent resident (LPR) petitioner whose Form I-130 has been approved and whose family members are waiting abroad for their priority dates to become current. Petitioners can use the USCIS online tool to confirm whether they have been issued an invitation.

After a petitioner receives an invitation, they can decide whether they want to participate. Considerations include the financial resources of the petitioner, the additional costs for the participant, and the specific interests of the relevant family members. The petitioner — now labeled “supporter” — starts the parole process by completing and filing Form I-134A. The supporter files a separate I-134A for each principal and derivative beneficiary who will be seeking parole. The supporter has 12 months from the date of the invitation to file the I-134A and supporting documentation.

What are the considerations — pros and cons — for participating in the program?

If the beneficiary/applicant were to wait abroad and apply for an immigrant visa, they would be paying for the immigrant visa fee ($325), the affidavit of support review fee ($120), and the immigrant fee to receive the green card ($220). The total to becoming an LPR is $665. If they were to elect to participate in the FRP process, they would pay for the work permit ($410) and later for adjustment of status ($1,225). The total is $1,635. If the person is not yet eligible to file for adjustment of status at the end of the initial parole period, they would need to pay additional fees for the re-parole and work authorization applications. But the person would likely earn more money in the United States waiting to become an LPR than they would have had they remained in their home country during this period.

The beneficiary/applicant may also have other personal reasons why they do not want to leave and enter the United States at the present time. For example, they may be in school, caring for a relative abroad, or working in a job where their continued employment would be beneficial.

How do you complete Form I-134A?

Form I-134A is completed online using the link that is provided in the invitation letter. The petitioner/supporter provides information regarding their income and assets. The supporter can identify another co-supporter who agrees to help financially support the beneficiary during their parole period. Co-supporters do not have to complete a separate I-134A; instead, they demonstrate their ability to support the beneficiary by including financial evidence, such as bank statements, tax returns, and employer’s letters. See CLINIC’s FAQ for more information on Form I-134A.

What happens after the I-134A is filed?

USCIS will review the I-134A to make sure the petitioner/supporter is financially able to provide for the beneficiary/applicant while they are in the United States in parole status. If it confirms that Form I-134A is sufficient, the agency will email the beneficiary and provide instructions on how to create an online account with myUSCIS and complete the next steps. The beneficiary will be confirming their biographical information and completing the necessary eligibility and medical exam attestations.

U.S. Customs and Border Protection (CBP) will determine if the beneficiary will be allowed to enter the United States. CBP will consider the person’s prior immigration history, encounters with government agencies, and the results of other screenings. Beneficiaries are ineligible if they have: crossed illegally into the United States after the date when the specific country was added to the FRP, although there are exceptions; been interdicted at sea after that date; or been removed from the United States within the past five years.

The beneficiary will receive instructions in their online account on how to access the CBP One mobile application and determine if they have been issued advance authorization to travel to the United States.

If approved, the travel authorization is valid for 90 days. The person must travel to the United States by commercial airline; they cannot enter by way of a land port of entry. They will undergo a final screening by CBP at the airport, which will include an additional fingerprint biometric vetting.

Noncitizens paroled into the United States under this process will generally be paroled for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their priority date becomes current, they would then be eligible to file for adjustment of status under INA § 245(a) as someone on whose behalf a petition has been approved, whose priority date is current using either Chart A or B of the Visa Bulletin, who last entered the United States by being inspected and admitted or paroled, and who has maintained lawful immigration status since their entry.

Further Considerations

Being granted travel authorization and entering the United States as a parolee does not guarantee that the person will be eligible to apply for adjustment of status. For example, children in the second preference category must remain unmarried, as must derivatives in all the preference categories. Divorce between the petitioner and the spouse revokes the approved petition and could affect the immigration of the petitioner’s stepchild. Naturalization of the petitioner would terminate derivative children’s status and require the petitioner to file a new petition on their behalf. It may also convert children who are in the F-2A category due to their “adjusted age” to the F-1 category, which is backlogged much farther.

One of the biggest concerns, however, is age out. The Child Status Protection Act (CSPA) does not apply in determining whether the child retains their “child” or “derivative beneficiary” status for purposes of eligibility for the FRP process. USCIS will only consider children who are under 21 using their biological age on the date the I-134A is received. So, children who are under 21 using their “adjusted age,” which allows them to subtract the time the I-130 petition was pending before adjudication but 21 or overusing their biological age, will be disqualified.

It is also true that simply because the child was paroled into the United States does not guarantee that they won’t age out before becoming eligible to file for adjustment of status. The child’s adjusted age is calculated on the date the priority date becomes current using Chart A or B, depending on whichever chart the USCIS allows for that month. Being paroled into the United States does not affect that calculation nor preserve the child’s status. If a child does age out and becomes ineligible to file for adjustment using that approved petition, they would be in danger of losing their parole status when it expires.

Example: Several years ago, David, a U.S. citizen, filed a petition for his brother, Paul. The petition was approved, and David received a notice inviting him to participate in the FRP process. Paul, his wife, and their 20-year-old son, Marco, entered as parolees. When the priority date in the F-4 category became current using Chart B, Paul and his wife filed for adjustment of status. But by that time Marco had turned 22. Even using the CSPA adjusted age formula, Marco had aged out. Marco lost his derivative status and would likely be unable to receive “re-parole” or an extension of his status. When Paul or his wife adjust status and become LPRs, they can file a new I-130 petition for Marco in the F-2B category, which is backlogged many years. For Marco to be eligible to adjust status under INA § 245(a) when that priority date becomes current, however, he would need to have always maintained lawful immigration status.