At the last minute, the administration of Republican President Donald Trump announced its decision to cancel two programs that guaranteed immigrants temporary residence in the United States, or parole. It also announced that in the coming days it will continue to review other similar programs that guarantee early entry into the United States for nationals of other countries who apply for permanent residency.
Cubans fall primarily into this category, given the legal framework that supports them, such as the Cuban Adjustment Act, and the greater likelihood of having credible fear recognized, given that they come from a country under dictatorship.
While the United States Citizenship and Immigration Services (USCIS) on this occasion only He referred to the beginning of a judicial process which seeks to eliminate the Haitian Family Reunification Permit and the Filipino World War II Veterans Permit, the statement itself clarifies that this agency is working on reviewing each of the remaining residency permits. In other words, Cubans and other nationals who currently enjoy certain benefits will not be exempt.
In other words, the Cuban Family Reunification Program (CFRP) could be one of the many affected, especially since it has been inactive since late October 2017.
"Thanks to these categorical temporary resident permit programs, individuals have been able to jump the queue and bypass the channels established by Congress," said USCIS Acting Director K. Cuccinelli, in a press release.
"With the suspension of these programs, these people will no longer be guaranteed the right to wait in the United States for their permanent resident card, something very similar to what is done in this area in the rest of the world," he indicated.
Those who benefited from these categorical temporary residency programs—as is the case with Cubans—enjoyed relatively easy entry to the US and even had a work permit for the duration of the aforementioned permanent residency card.
Until today, U.S. officials had justified the paralysis of the process by stating that both the Department of Homeland Security (DHS) and the State Department were making adjustments to process applications under the Cuban Family Reunification Program, a procedure established during the George W. Bush administration in 2007. However, recent statements now suggest otherwise.
The thousands of Cuban families waiting on both sides of the Florida Straits cannot, under any circumstances, welcome this news. Such statements are truly discouraging.
"The United States' decision to stop the Cuban Family Reunification Program has left thousands of Cubans in limbo and has generated uncertainty and discouragement among the Cuban community in Miami," he told CiberCuba Legal expert Willy Allen: "What's truly unfortunate is that there's no short-term solution for these cases, based on the current U.S. administration's immigration projections."
In fact, USCIS's strategy for reviewing temporary entry and residence programs in the United States is guided by the policy of strengthening U.S. border controls, established in January 2017 by an executive order from President Trump.
Due to the growing tensions between the United States and Cuban governments following the so-called "sonic attacks" against some twenty U.S. representatives in Havana, consular services at the U.S. headquarters in Cuba were paralyzed, and the process for family reunification applications on Cuban soil was frozen. Applications must first be sent to Colombia and currently to Guyana.
Official figures indicate that some 20 applications for the Cuban Family Reunification Program have been shelved due to the diplomatic dispute between the two governments. However, all of these cases had already been approved and only required a final review when consular services in Havana were frozen.
At the same time, thousands of applications have not been processed or registered at that diplomatic mission since then.
"Today, the only remaining option is the normal processing of family reunification claims, but that option could take years," Allen summarized.
"The backlog of cases is enormous, and it's the same process all foreigners follow to reunite with their families in the United States," the specialist said.
The majority of immigrant visas issued to applicants from the island at the U.S. Embassy in Guyana are for long-awaited claims, including other pending cases under the Cuban Family Reunification Program.
For his part, Cuban-American Congressman Mario Díaz Balart has reiterated in recent statements that he will continue working with President Trump to find solutions to the current closure of the Cuban Family Reunification Program.
In a letter sent last July to US Secretary of State Mike Pompeo, Díaz Balart referred to the need to expedite visa processing for persecuted individuals and human rights activists, as well as those currently applying to benefit from the family reunification program.
To be honest, prospects for extending temporary residency programs under "parole" in the United States are increasingly slim under the presidency of Donald Trump. Recent messages from USCIS seem to indicate the complete suspension of this immigration benefit, which dates back to 2007.
“Permitting to remain should be used on a case-by-case basis for urgent humanitarian reasons or significant public benefit. USCIS is committed to exercising its limited authority in a manner that preserves the integrity of our immigration system and does not encourage foreign nationals to enter the United States illegally,” he emphasized. Cuccinelli in the aforementioned statement.
However, USCIS officials said that those who have already been granted parole will retain their temporary residence permit until the document expires, unless the permit is canceled due to other factors.
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