Cuban/Haitian entrants
Individuals approved for the Haitian Family Reunification Parole (HFRP) program will enter the U.S. as Cuban/Haitian entrants under 501(e) of the Refugee Education Assistance Act of 1980 and are "qualified immigrants" who are exempt from the 5-year bar.
Cuban/Haitian entrants include:
Cuban and Haitian nationals who have current or expired parole;
Cuban and Haitian nationals who are in pending removal proceedings;
Cuban and Haitian nationals who have a pending application for asylum; or
Have an I-94 stamped Cuban/Haitian Entrant pending.
Cuban/Haitian entrants who apply for asylum are exempt from the 5-year bar while their application is pending. Asylum applicants of other nationalities are non-qualified immigrants.
Cuban/Haitian entrants who are in removal proceedings remain exempt from the 5-year bar until a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion has been issued. If a Cuban/Haitian Entrant is in removal proceedings, or is suspected of being in removal proceedings, or indicates a previous order is under appeal, call the Executive Office of Immigration Review (EOIR) at 1-800-898-7180 to confirm their current status.