Who We Serve - Cuban/Haitian entrants

Definition

Cuban and Haitian entrants are defined as (a) Any individual granted parole status (by DHS) as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided and (b) Any other national of Cuba or Haiti (1) Who:(i) was paroled into the United States and has not acquired any other status under the INA;(ii) is the subject of exclusion or deportation proceedings under the INA; or (iii) has an application for asylum pending with (DHS); and (2) With respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered. 45 CFR § 401.2. Cuban and Haitian Entrants, along with Cubans in certain other categories, are after one year in the U.S. eligible to apply for adjustment of status, at which time when a full medical exam would be required by USCIS.

Eligibility

Cuban Haitian Entrants are eligible for ORR benefits and services from the date they first enter into Cuban/Haitian Entrant status (which for Cuban Parolees will be the date of grant of parole, or first parole if more than one parole was granted).

1. Acceptable documents for Cuban and Haitian Entrants, in accordance with the requirements in 45 CFR §401.2:

Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status* subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided

*Note : ORR is not interpreting the phrase, "any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti" to refer to lawful permanent residence obtained under the Nicaraguan Adjustment and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA). Although NACARA and HRIFA offer a special opportunity for nationals of Cuba and Haiti, the status conferred by these laws, lawful permanent residence , is not a "special status." Thus, if the person did not qualify as a Cuban and Haitian entrant, adjustment of status, regardless of the legal basis for the adjustment, does not make the person a Cuban and Haitian entrant.

2. A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion* has not been entered

*Note 1: The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local DHS office, asking the applicant for more information or, if participating, accessing the DHS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant’s eligibility, please call Thomas Pabst at 202.401.5398.

**Note 2 : As treatment of Cuban and Haitian entrants has developed, DHS officials, on occasion, may have used notations on the I-94s of Cuban and Haitian entrants that are not listed above. Eligibility workers may see various notations that convey parole. For example, eligibility workers, in the past, may have seen the notation, "EWI," which technically stands for "Entered Without Inspection" but was being used for individuals who were paroled. Please call Thomas Pabst at 202.401.5398 if you encounter unusual notations or if you are uncertain of the relevance of a particular notation.

3. A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings* under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion** has not been entered.

*Note 1 : Although the above documents show that proceedings have been initiated in a case, they cannot confirm that proceedings are continuing. In order to confirm that proceedings are continuing, eligibility workers will need to use other methods, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local DHS office or, if participating, accessing the DHS SAVE system. If an eligibility worker cannot determine whether proceedings are ongoing, please call Thomas Pabst at 202.401.5398.

**Note 2: The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local DHS office, asking the applicant for more information or, if participating, accessing the DHS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant’s eligibility, please call Thomas Pabst at 202.401.5398.

***Note 3 : If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national.

4. A national of Cuba or Haiti who has an application for asylum pending with the Immigration and Naturalization Service and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion* has not been entered.

*Note 1: The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local DHS office, asking the applicant for more information or, if participating, accessing the DHS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant’s eligibility, please call Thomas Pabst at 202.401.5398.

**Note 2: If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national.