Notice of Changes to Application Procedures for the Cuban Family Reunification Parole Program, 75579-75581 [2014-29486]

Download as PDF Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Notices DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0017] Agency Information Collection Activities: Application for Advance Permission To Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A)(ii) of the INA, Section 212(d)(13) of the INA, or Section 212(d)(14) of the INA, Form I–192; Revision of a Currently Approved Collection ACTION: 60-Day notice. The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments. DATES: Comments are encouraged and will be accepted for 60 days until February 17, 2015. ADDRESSES: All submissions received must include the OMB Control Number 1615–0017 in the subject box, the agency name and Docket ID USCIS– 2008–0009. To avoid duplicate submissions, please use only one of the following methods to submit comments: (1) Online. Submit comments via the Federal eRulemaking Portal Web site at www.regulations.gov under e-Docket ID number USCIS–2008–0009; (2) Email. Submit comments to USCISFRComment@uscis.dhs.gov; (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2140. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: Comments Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, VerDate Sep<11>2014 19:23 Dec 17, 2014 Jkt 235001 submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov. Note: The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check ‘‘My Case Status’’ online at: https://egov.uscis.gov/cris/ Dashboard.do, or call the USCIS National Customer Service Center at 1–800–375–5283. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Revision of a Currently Approved Collection. (2) Title of the Form/Collection: Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A)(ii) of the INA, Section 212(d)(13) of the INA, or Section 212(d)(14) of the INA. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I–192; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. This form is provided by PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 75579 the U.S. Citizenship and Immigration Services (USCIS) as a means for certain inadmissible nonimmigrant aliens to apply for permission to enter the United States. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I–192 is 10,448 and the estimated hour burden per response is .5 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 5,224 hours. (7) An estimate of the total public burden (in cost) associated with the collection: There is no estimated annual cost burden associated with this collection of information. If you need a copy of the information collection instrument with instructions, or additional information, please visit the Federal eRulemaking Portal site at: http://www.regulations.gov. We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2140, Telephone number 202–272–8377. Dated: December 12, 2014. Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2014–29588 Filed 12–17–14; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2547–14; DHS Docket No. USCIS– 2007–0043] Notice of Changes to Application Procedures for the Cuban Family Reunification Parole Program U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: U.S. Citizenship and Immigration Services (USCIS) announces that as of February 17, 2015, USCIS will begin requiring the filing of an Application for Travel Document (Form I–131) and payment of its associated fee or approval of a fee waiver request from individuals who are applying for the Cuban Family SUMMARY: E:\FR\FM\18DEN1.SGM 18DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 75580 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Notices Reunification Parole (CFRP) Program on behalf of a beneficiary in Cuba. No form or fee is currently required for the CFRP Program. Under the CFRP Program, USCIS offers certain beneficiaries of approved family-based immigrant petitions the opportunity to be paroled into the United States to apply for lawful permanent resident status, rather than remain in Cuba waiting for their immigrant visas to become available. The purpose of the program is to expedite family reunification through safe, legal, and orderly channels of migration to the United States and to discourage irregular and inherently dangerous maritime migration. This notice is intended to: Make the CFRP Program application and adjudication processes consistent with those for most other requests for parole filed on behalf of individuals outside the United States; facilitate centralized filing and more standardized processing of parole applications; and, recover costs incurred by USCIS to adjudicate and provide CFRP Program travel documents. This notice will affect only those individuals who receive a written invitation to apply to the CFRP Program from the Department of State’s National Visa Center (NVC) which is dated on or after February 17, 2015. This notice will not affect existing CFRP Program beneficiaries or individuals who received a notice of program eligibility from the NVC predating the publication of this notice and who submitted to the NVC the complete documentation required to apply for the program prior to February 17, 2015 (referred to as ‘grandfathered’ cases). Grandfathered cases will continue to be processed without form or fee. DATES: • As of December 18, 2014, the NVC will no longer issue CFRP Program eligibility notices inviting eligible petitioners to opt in to the program without the required form and fee. • On or after February 17, 2015, the NVC will begin sending to eligible petitioners a written invitation to apply to the CFRP Program using the required form and fee or request for fee waiver. • A petitioner who received a CFRP Program eligibility notice dated prior to December 18, 2014 must submit to the NVC the complete required documentation to apply for the CFRP Program before February 17, 2015 to be grandfathered and eligible for processing without a form and fee. • A petitioner who received a CFRP Program eligibility notice before December 18, 2014 who fails to submit to the NVC the complete required documentation to apply for the CFRP VerDate Sep<11>2014 19:23 Dec 17, 2014 Jkt 235001 Program before February 17, 2015 cannot apply for the program until the petitioner receives a written invitation to apply to the CFRP Program using a required form and fee. • Any person who applies for the CFRP Program after February 17, 2015 must submit a form and fee as prescribed in this notice and after receipt of a written invitation to apply from the NVC. FOR FURTHER INFORMATION CONTACT: Pilar Peralta Mihalko, Chief, International Adjudications Support Branch, International Operations Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 1585 S. Manchester Avenue, Anaheim, CA 92802, Telephone (714) 808–8133. SUPPLEMENTARY INFORMATION: I. Background on CFRP Program The CFRP Program was announced on November 15, 2007, via Federal Register notice (72 FR 65588). The notice explained that, in accordance with the U.S.-Cuba Migration Accords, the United States committed to ensuring that total legal migration to the United States from Cuba would be a minimum of 20,000 Cubans each year, not including immediate relatives of U.S. ´ citizens (USC). See Joint Communique on Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2, 1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter ‘‘Migration Accords’’)). Through the CFRP the United States offers a safe, legal, and orderly means of migrating to the United States. The CFRP Program addressed two constraints posed by the array of migration programs that existed at the time of the program’s creation, which had limited the ability of the United States to effectively promote safe, legal, and orderly migration as an alternative to inherently dangerous maritime crossings. First, with the exception of immediate relatives of USCs (i.e., spouse, unmarried child(ren) under 21 years of age, and parents), see Immigration and Nationality Act (INA) sec. 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i), the number of familybased immigrant visas that are available in any given year is limited by statute, see INA secs. 201(c), 202(a), 203, 8 U.S.C. 1151(c), 1152(a), 1153. These statutory limits have resulted in long waiting periods before family members remaining in Cuba may join the USC and lawful permanent resident (LPR) family members who petitioned for them. Since 1998, the Cuban Government has not permitted a new registration for the Special Program for PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Cuban Migration, the parole lottery initiated by the United States in support of the Migration Accords. Without this pool of individuals, there was a deficiency in the number of Cubans potentially eligible for travel to the United States. Under the CFRP Program, USCIS exercises its discretionary parole authority to permit eligible Cuban nationals to come to the United States to join their family members.1 Granting parole to eligible aliens under the CFRP Program serves the significant public benefit of enabling the United States to meet its commitments under the Migration Accords. It also lessens the perceived need for family members left behind in Cuba to make irregular and inherently dangerous attempts to arrive in the United States through unsafe maritime crossings, thereby discouraging alien smuggling as a means to enter the United States. Whether to parole a particular alien remains, however, a case-by-case, discretionary determination. II. Background on Requiring a Form and a Fee USCIS has not previously required a form or collected a fee for parole requests under the CFRP Program. As a result, USCIS has not used a standardized USCIS form, and has not required family members or beneficiaries to cover any of the costs associated with the benefit provided to them under the CFRP Program. The INA provides that USCIS may collect fees at a level that will ensure recovery of the full costs of adjudication and naturalization services, including services provided without charge to asylum applicants and certain other immigration applicants. INA sec. 286(m), 8 U.S.C. 1356(m). Operating expenses for the CFRP Program have been fully funded through use of fee revenue from other immigration benefit applicants. To bring CFRP Program parole requests in line with the majority of other parole requests filed on behalf of individuals outside of the United States, USCIS will now require the submission of a completed Form I–131, Application for Travel Document, and the fee required by USCIS fee regulations at 8 CFR 103.7(b)(1)(i)(M) for any CFRP Program application filed on or after February 17, 2015. Applicants for the CFRP Program must complete 1 See INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) (permitting parole of certain aliens into the United States, as a matter of discretion and on a case-bycase basis, for urgent humanitarian reasons or significant public benefit); see also 8 CFR 212.5(c) & (d) (discretionary authority for establishing conditions of parole and for terminating parole). E:\FR\FM\18DEN1.SGM 18DEN1 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES and file the Form I–131 in effect at the time of filing—and follow any additional instructions included in the program eligibility notice they receive from either USCIS or the NVC in submitting their application. A completed Form I–131 and fee or fee waiver request must be filed for each individual on whose behalf parole is being requested. III. Participation in the CFRP Program and Application Process USCIS offers participation in the CFRP Program to Cuban nationals who reside in Cuba and who are the beneficiaries—including any eligible spouse and child accompanying or following-to-join the principal beneficiaries (see INA sec. 203(d), 8 U.S.C. 1153(d))—of an approved Form I–130, Petition for Alien Relative, but for whom an immigrant visa is not immediately available. Participation in the CFRP Program is voluntary. Prior to the date of this notice, the NVC mailed written notice to eligible U.S.-based U.S.C. and LPR petitioners with approved Forms I–130 indicating their beneficiaries’ eligibility to participate in the CFRP Program. The notice invited an interested petitioner to submit to the NVC a copy of their approved Form I–130 and other supporting documents to opt in to the CFRP Program and begin the process of requesting parole. No formal application form or fee was required to apply. As of the date of this notice, the NVC will no longer issue CFRP Program eligibility notices that do not require a form and fee to apply. Petitioners with CFRP Program eligibility notices dated prior to December 18, 2014 must submit to the NVC the complete required documentation to opt in to the CFRP Program prior to February 17, 2015 in order to be grandfathered and considered for processing without a form and fee. On or after February 17, 2015, participation in the CFRP Program will be predicated on submission of a Form I–131 and the requisite fee(s) or request for fee waiver that has been approved by USCIS. A U.S.C. or LPR petitioner in the United States with an approved Form I– 130 that was filed on behalf of a beneficiary relative residing in Cuba, for whom a visa is not anticipated to be available during the CFRP processing time, will receive a written invitation from the NVC regarding the beneficiary’s eligibility to participate in the CFRP Program and the procedures for requesting parole, if desired. The notice will instruct the recipient on how to file a completed Form I–131 and submit the required fee(s) or fee waiver VerDate Sep<11>2014 19:23 Dec 17, 2014 Jkt 235001 request to apply for the program. USCIS will reject a request for parole under the CFRP Program submitted without the required form and fee(s) or a request for a fee waiver. USCIS officers or Department of State consular officers will interview qualified beneficiaries in Havana to verify their eligibility for the program. Beneficiaries may also have their biometrics collected. If USCIS exercises its discretion to authorize parole under the CFRP Program, USCIS or the Department of State will issue the necessary travel documents to the beneficiary in Cuba. These travel documents will enable the beneficiary to travel safely to the United States and seek parole by U.S. Customs and Border Protection (CBP) at a U.S. port-of-entry to join his or her family member. A beneficiary who is paroled into the United States would then be eligible to apply to adjust status to that of lawful permanent resident after he or she has been physically present in the United States for one year as provided by the Cuban Adjustment Act, Pub. L. 89–732, 80 Stat. 1161 (8 U.S.C. 1255 note), or once the beneficiary’s visa becomes available, whichever comes first. Participation in the CFRP Program is not available to aliens who qualify as ‘‘immediate relatives’’ under section 201(b)(2)(A)(i) of the INA, 8 U.S.C. 1151(b)(2)(A)(i). Such aliens may seek immigrant visas for travel to the United States immediately upon the approval of the immigrant visa petitions filed on their behalf. For eligible beneficiaries who are not ‘‘immediate relatives,’’ if an immigrant visa becomes available while the Form I–131 is pending, the beneficiary will be able to proceed with the parole process to completion, if desired. Alternatively, the beneficiary can choose to pursue immigrant visa processing, which will require payment of associated fees but will enable the individual to apply for admission to the United States as an immigrant, if found eligible by the Department of State for the visa and admissible by CBP at the port of entry. IV. Paperwork Reduction Act (PRA) Under the PRA, 44 U.S.C. chapter 35, all Departments are required to submit to the Office of Management and Budget (OMB) for review and approval, any new reporting requirements they impose. The Application for Travel Document, Form I–131, has been approved by OMB and assigned OMB control number 1615–0013. USCIS is making no changes to the Form in connection with the CFRP Program and this notice; however, USCIS estimates that this notice will result in an annual PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 75581 average of 13,000–15,000 Form I–131 filings per year. The current OMBapproved estimate of the number of annual respondents filing a Form I–131 is 940,671. USCIS has overestimated the number of individuals who will use this form to apply for immigration benefits to the degree that additional respondents who will use it to file for the CFRP Program will be covered within the 940,671 estimated. USCIS is not changing the collection instrument or increasing its burden estimates in connection with this notice. Therefore, USCIS is not publishing a notice under the PRA or making revisions to the currently approved burden for OMB control number 1615–0013. Additional information about the CFRP Program and the application process will be posted on the USCIS Web site at www.uscis.gov. Dated: December 11, 2014. ´ ´ Leon Rodrıguez Director, U.S. Citizenship and Immigration Services. [FR Doc. 2014–29486 Filed 12–17–14; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2548–14; DHS Docket No. USCIS– 2014–0013] Implementation of Haitian Family Reunification Parole Program U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: This notice announces the implementation of U.S. Citizenship and Immigration Services’ (USCIS) Haitian Family Reunification Parole (HFRP) Program. Under this program, USCIS offers certain Haitian beneficiaries of family-based immigrant petitions approved on or before December 18, 2014 an opportunity to receive a discretionary grant of parole to enter the United States up to approximately two years before their immigrant visas become available, rather than remain in Haiti awaiting availability of their immigrant visas. The program is intended to expedite family reunification through safe, legal, and orderly channels of migration to the United States, increase existing avenues for legal migration from Haiti, and help Haiti continue to recover from the devastation and damage suffered in the January 12, 2010 earthquake. DATES: SUMMARY: E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75579-75581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29486]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2547-14; DHS Docket No. USCIS-2007-0043]


Notice of Changes to Application Procedures for the Cuban Family 
Reunification Parole Program

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: U.S. Citizenship and Immigration Services (USCIS) announces 
that as of February 17, 2015, USCIS will begin requiring the filing of 
an Application for Travel Document (Form I-131) and payment of its 
associated fee or approval of a fee waiver request from individuals who 
are applying for the Cuban Family

[[Page 75580]]

Reunification Parole (CFRP) Program on behalf of a beneficiary in Cuba. 
No form or fee is currently required for the CFRP Program. Under the 
CFRP Program, USCIS offers certain beneficiaries of approved family-
based immigrant petitions the opportunity to be paroled into the United 
States to apply for lawful permanent resident status, rather than 
remain in Cuba waiting for their immigrant visas to become available. 
The purpose of the program is to expedite family reunification through 
safe, legal, and orderly channels of migration to the United States and 
to discourage irregular and inherently dangerous maritime migration. 
This notice is intended to: Make the CFRP Program application and 
adjudication processes consistent with those for most other requests 
for parole filed on behalf of individuals outside the United States; 
facilitate centralized filing and more standardized processing of 
parole applications; and, recover costs incurred by USCIS to adjudicate 
and provide CFRP Program travel documents. This notice will affect only 
those individuals who receive a written invitation to apply to the CFRP 
Program from the Department of State's National Visa Center (NVC) which 
is dated on or after February 17, 2015. This notice will not affect 
existing CFRP Program beneficiaries or individuals who received a 
notice of program eligibility from the NVC predating the publication of 
this notice and who submitted to the NVC the complete documentation 
required to apply for the program prior to February 17, 2015 (referred 
to as `grandfathered' cases). Grandfathered cases will continue to be 
processed without form or fee.

DATES: 
     As of December 18, 2014, the NVC will no longer issue CFRP 
Program eligibility notices inviting eligible petitioners to opt in to 
the program without the required form and fee.
     On or after February 17, 2015, the NVC will begin sending 
to eligible petitioners a written invitation to apply to the CFRP 
Program using the required form and fee or request for fee waiver.
     A petitioner who received a CFRP Program eligibility 
notice dated prior to December 18, 2014 must submit to the NVC the 
complete required documentation to apply for the CFRP Program before 
February 17, 2015 to be grandfathered and eligible for processing 
without a form and fee.
     A petitioner who received a CFRP Program eligibility 
notice before December 18, 2014 who fails to submit to the NVC the 
complete required documentation to apply for the CFRP Program before 
February 17, 2015 cannot apply for the program until the petitioner 
receives a written invitation to apply to the CFRP Program using a 
required form and fee.
     Any person who applies for the CFRP Program after February 
17, 2015 must submit a form and fee as prescribed in this notice and 
after receipt of a written invitation to apply from the NVC.

FOR FURTHER INFORMATION CONTACT: Pilar Peralta Mihalko, Chief, 
International Adjudications Support Branch, International Operations 
Division, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 1585 S. Manchester Avenue, Anaheim, CA 92802, 
Telephone (714) 808-8133.

SUPPLEMENTARY INFORMATION:

I. Background on CFRP Program

    The CFRP Program was announced on November 15, 2007, via Federal 
Register notice (72 FR 65588). The notice explained that, in accordance 
with the U.S.-Cuba Migration Accords, the United States committed to 
ensuring that total legal migration to the United States from Cuba 
would be a minimum of 20,000 Cubans each year, not including immediate 
relatives of U.S. citizens (USC). See Joint Communiqu[eacute] on 
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2, 
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter 
``Migration Accords'')). Through the CFRP the United States offers a 
safe, legal, and orderly means of migrating to the United States.
    The CFRP Program addressed two constraints posed by the array of 
migration programs that existed at the time of the program's creation, 
which had limited the ability of the United States to effectively 
promote safe, legal, and orderly migration as an alternative to 
inherently dangerous maritime crossings. First, with the exception of 
immediate relatives of USCs (i.e., spouse, unmarried child(ren) under 
21 years of age, and parents), see Immigration and Nationality Act 
(INA) sec. 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i), the number of 
family-based immigrant visas that are available in any given year is 
limited by statute, see INA secs. 201(c), 202(a), 203, 8 U.S.C. 
1151(c), 1152(a), 1153. These statutory limits have resulted in long 
waiting periods before family members remaining in Cuba may join the 
USC and lawful permanent resident (LPR) family members who petitioned 
for them. Since 1998, the Cuban Government has not permitted a new 
registration for the Special Program for Cuban Migration, the parole 
lottery initiated by the United States in support of the Migration 
Accords. Without this pool of individuals, there was a deficiency in 
the number of Cubans potentially eligible for travel to the United 
States.
    Under the CFRP Program, USCIS exercises its discretionary parole 
authority to permit eligible Cuban nationals to come to the United 
States to join their family members.\1\ Granting parole to eligible 
aliens under the CFRP Program serves the significant public benefit of 
enabling the United States to meet its commitments under the Migration 
Accords. It also lessens the perceived need for family members left 
behind in Cuba to make irregular and inherently dangerous attempts to 
arrive in the United States through unsafe maritime crossings, thereby 
discouraging alien smuggling as a means to enter the United States. 
Whether to parole a particular alien remains, however, a case-by-case, 
discretionary determination.
---------------------------------------------------------------------------

    \1\ See INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) 
(permitting parole of certain aliens into the United States, as a 
matter of discretion and on a case-by-case basis, for urgent 
humanitarian reasons or significant public benefit); see also 8 CFR 
212.5(c) & (d) (discretionary authority for establishing conditions 
of parole and for terminating parole).
---------------------------------------------------------------------------

II. Background on Requiring a Form and a Fee

    USCIS has not previously required a form or collected a fee for 
parole requests under the CFRP Program. As a result, USCIS has not used 
a standardized USCIS form, and has not required family members or 
beneficiaries to cover any of the costs associated with the benefit 
provided to them under the CFRP Program. The INA provides that USCIS 
may collect fees at a level that will ensure recovery of the full costs 
of adjudication and naturalization services, including services 
provided without charge to asylum applicants and certain other 
immigration applicants. INA sec. 286(m), 8 U.S.C. 1356(m). Operating 
expenses for the CFRP Program have been fully funded through use of fee 
revenue from other immigration benefit applicants. To bring CFRP 
Program parole requests in line with the majority of other parole 
requests filed on behalf of individuals outside of the United States, 
USCIS will now require the submission of a completed Form I-131, 
Application for Travel Document, and the fee required by USCIS fee 
regulations at 8 CFR 103.7(b)(1)(i)(M) for any CFRP Program application 
filed on or after February 17, 2015. Applicants for the CFRP Program 
must complete

[[Page 75581]]

and file the Form I-131 in effect at the time of filing--and follow any 
additional instructions included in the program eligibility notice they 
receive from either USCIS or the NVC in submitting their application. A 
completed Form I-131 and fee or fee waiver request must be filed for 
each individual on whose behalf parole is being requested.

III. Participation in the CFRP Program and Application Process

    USCIS offers participation in the CFRP Program to Cuban nationals 
who reside in Cuba and who are the beneficiaries--including any 
eligible spouse and child accompanying or following-to-join the 
principal beneficiaries (see INA sec. 203(d), 8 U.S.C. 1153(d))--of an 
approved Form I-130, Petition for Alien Relative, but for whom an 
immigrant visa is not immediately available. Participation in the CFRP 
Program is voluntary.
    Prior to the date of this notice, the NVC mailed written notice to 
eligible U.S.-based U.S.C. and LPR petitioners with approved Forms I-
130 indicating their beneficiaries' eligibility to participate in the 
CFRP Program. The notice invited an interested petitioner to submit to 
the NVC a copy of their approved Form I-130 and other supporting 
documents to opt in to the CFRP Program and begin the process of 
requesting parole. No formal application form or fee was required to 
apply. As of the date of this notice, the NVC will no longer issue CFRP 
Program eligibility notices that do not require a form and fee to 
apply. Petitioners with CFRP Program eligibility notices dated prior to 
December 18, 2014 must submit to the NVC the complete required 
documentation to opt in to the CFRP Program prior to February 17, 2015 
in order to be grandfathered and considered for processing without a 
form and fee.
    On or after February 17, 2015, participation in the CFRP Program 
will be predicated on submission of a Form I-131 and the requisite 
fee(s) or request for fee waiver that has been approved by USCIS. A 
U.S.C. or LPR petitioner in the United States with an approved Form I-
130 that was filed on behalf of a beneficiary relative residing in 
Cuba, for whom a visa is not anticipated to be available during the 
CFRP processing time, will receive a written invitation from the NVC 
regarding the beneficiary's eligibility to participate in the CFRP 
Program and the procedures for requesting parole, if desired. The 
notice will instruct the recipient on how to file a completed Form I-
131 and submit the required fee(s) or fee waiver request to apply for 
the program. USCIS will reject a request for parole under the CFRP 
Program submitted without the required form and fee(s) or a request for 
a fee waiver.
    USCIS officers or Department of State consular officers will 
interview qualified beneficiaries in Havana to verify their eligibility 
for the program. Beneficiaries may also have their biometrics 
collected. If USCIS exercises its discretion to authorize parole under 
the CFRP Program, USCIS or the Department of State will issue the 
necessary travel documents to the beneficiary in Cuba. These travel 
documents will enable the beneficiary to travel safely to the United 
States and seek parole by U.S. Customs and Border Protection (CBP) at a 
U.S. port-of-entry to join his or her family member. A beneficiary who 
is paroled into the United States would then be eligible to apply to 
adjust status to that of lawful permanent resident after he or she has 
been physically present in the United States for one year as provided 
by the Cuban Adjustment Act, Pub. L. 89-732, 80 Stat. 1161 (8 U.S.C. 
1255 note), or once the beneficiary's visa becomes available, whichever 
comes first.
    Participation in the CFRP Program is not available to aliens who 
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the 
INA, 8 U.S.C. 1151(b)(2)(A)(i). Such aliens may seek immigrant visas 
for travel to the United States immediately upon the approval of the 
immigrant visa petitions filed on their behalf.
    For eligible beneficiaries who are not ``immediate relatives,'' if 
an immigrant visa becomes available while the Form I-131 is pending, 
the beneficiary will be able to proceed with the parole process to 
completion, if desired. Alternatively, the beneficiary can choose to 
pursue immigrant visa processing, which will require payment of 
associated fees but will enable the individual to apply for admission 
to the United States as an immigrant, if found eligible by the 
Department of State for the visa and admissible by CBP at the port of 
entry.

IV. Paperwork Reduction Act (PRA)

    Under the PRA, 44 U.S.C. chapter 35, all Departments are required 
to submit to the Office of Management and Budget (OMB) for review and 
approval, any new reporting requirements they impose. The Application 
for Travel Document, Form I-131, has been approved by OMB and assigned 
OMB control number 1615-0013. USCIS is making no changes to the Form in 
connection with the CFRP Program and this notice; however, USCIS 
estimates that this notice will result in an annual average of 13,000-
15,000 Form I-131 filings per year. The current OMB-approved estimate 
of the number of annual respondents filing a Form I-131 is 940,671. 
USCIS has overestimated the number of individuals who will use this 
form to apply for immigration benefits to the degree that additional 
respondents who will use it to file for the CFRP Program will be 
covered within the 940,671 estimated. USCIS is not changing the 
collection instrument or increasing its burden estimates in connection 
with this notice. Therefore, USCIS is not publishing a notice under the 
PRA or making revisions to the currently approved burden for OMB 
control number 1615-0013.
    Additional information about the CFRP Program and the application 
process will be posted on the USCIS Web site at www.uscis.gov.

    Dated: December 11, 2014.
Le[oacute]n Rodr[iacute]guez
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2014-29486 Filed 12-17-14; 8:45 am]
BILLING CODE 9111-97-P