The Department of Homeland Security (DHS) announced a new family reunification permit process for certain nationals of Ecuador, as part of the Biden-Harris Administration's strategy of combining the expansion of legal channels and the strengthening of law control to reduce irregular migration. Humanitarian family reunification permit processes promote family unity and are part of the comprehensive measures announced in April by DHS and the Department of State, and are consistent with the goals of the Los Angeles Declaration on Migration and Protection to strengthen efforts national, regional and hemispheric to create the conditions for safe, orderly, humane and regular migration.

The new process is for certain Ecuadorian nationals whose family members are U.S. citizens or legal permanent residents who have received approval to join their family members in the United States. Specifically, Ecuadorian nationals and their immediate family members may be considered for humanitarian parole on a case-by-case basis for a maximum period of three years while they wait to apply for legal permanent residence.

“The humanitarian family reunification permit process promotes family unity in accordance with our laws and values,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Establishing this process for certain Ecuadorian nationals will ensure that more families can access legal guides instead of putting themselves at the mercy of smugglers to make the dangerous journey. “Those who do not take advantage of the humanitarian family reunification permit or other legal, safe and orderly avenues and attempt to enter the United States illegally will continue to face harsh consequences.”

Certain Ecuadorian nationals who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for humanitarian parole under the new process. Qualified beneficiaries must be outside the United States, meet all requirements, including background and medical checks and investigations, and not have received an immigrant visa.

The Humanitarian Family Reunification Permit process begins with the issuance by the Department of State of an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 on behalf of an Ecuadorian beneficiary has been approved. Beneficiaries awaiting an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of lawful permanent residents. The invited petitioner can then begin the process by submitting an application on behalf of the beneficiary and eligible family members to be considered for advance travel authorization and humanitarian parole.

The Humanitarian Family Reunification Permit process only allows temporary stay permits on a case-by-case and temporary basis if urgent humanitarian reasons or significant public benefit are demonstrated, as well as if it is demonstrated that the beneficiary merits the favorable exercise of discretion. Individuals entering the United States under this process will generally be considered for temporary parole for up to three years and may be eligible to apply for employment authorization while waiting for their immigrant visa to become available. When their immigrant visa is available, they will be able to apply for legal permanent residence.

The Immigration and Nationality Act grants the Secretary of Homeland Security the discretion to grant temporary parole to applicants for admission to the United States on a case-by-case basis for urgent humanitarian reasons or a significant public benefit. Previous secretaries of different administrations have similarly exercised parole authority to establish other humanitarian parole processes for family reunification administered by U.S. Citizenship and Immigration Services, including the Cuban Humanitarian Family Reunification Parole Program. in 2007 and the Haitian Family Reunification Humanitarian Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala, and Honduras in July and modernized FRP processes for Cuba and Haiti in August.

The Federal Register notice for this FRP process will be published soon and will provide detailed information on the application process and eligibility criteria.