What does humanitarian parole mean in immigration?
Humanitarian parole allows an alien who is ineligible for admission to the United States to enter temporarily due to a compelling emergency. Testifying in a U.S. court case. An alien who is in detention in the U.S. for immigration violations.
When to apply for humanitarian parole instead of a visitor visa?
When to Apply for Humanitarian Parole Instead of a Visitor Visa. Humanitarian parole may be your only option for entering the U.S. if you are inadmissible; in other words, your personal circumstances include grounds or issues that make you ineligible for a visa to enter the United States.
Who is eligible for humanitarian parole?
Anyone may apply for Humanitarian Parole, however, USCIS will only grant temporary parole to those who are applying for entry into the U.S. based on urgent humanitarian reasons, or in some rare circumstances, when there is a compelling public benefit.
How much does it cost to apply for humanitarian parole?
There is a $575 fee to file the Form I-131. Either the fee or an I-912 request for a fee waiver must be submitted with the application. There is no cost to file the Form I-134. 1. Who is eligible for humanitarian parole? 1.1. Examples of urgent humanitarian reasons for parole 1.2. Can same-sex partners get humanitarian parole? 1.3.
Who qualifies for humanitarian parole?
Who is eligible for humanitarian parole? Section 212(d) of the Immigration and Nationality Act 1 allows inadmissible aliens to enter (or stay in) the U.S. temporarily when: There is an urgent humanitarian reason, or. Allowing the alien in confers a significant public benefit.
How does a humanitarian visa work?
A grant of humanitarian parole allows foreign residents to travel to the U.S. in the case of an emergency or based on public interest reasons. U.S. Citizenship and Immigration Services (USCIS) allows certain foreign nationals who do not have a visa to receive an alternative known as humanitarian parole.
How long can you stay with a humanitarian visa?
1 yearHumanitarian Parole is granted for a period of time to coincide with the duration of the emergency or humanitarian situation that forms the basis for the request. Usually, the maximum time limit is for 1 year, although it may be authorized for up to 2 years.
Can you get green card after humanitarian parole?
Individuals paroled for humanitarian or other emergency reasons are not eligible to apply for green cards as parolees. They can apply if they qualify under another immigration provision, such as employment. Can a parolee file an immigrant petition on behalf of a relative abroad?
How long humanitarian parole takes?
Normally, the USCIS Humanitarian Affairs Branch adjudicates most parole requests within 90 days of receipt. If you do not submit required evidence at the time of filing or if we need to ask you for additional information, it will take us longer to process your case.
What are considered humanitarian reasons?
To Care For or Otherwise Provide Support to a Seriously or Terminally Ill Relative in the United States. In some cases, urgent humanitarian reasons may be based on the need for the beneficiary to provide physical or emotional support to a relative in the United States.
Can I get a work permit with humanitarian parole?
Most individuals paroled into the United States for urgent humanitarian or significant public benefit purposes under INA 212(d)(5) are eligible to seek employment authorizationemployment authorizationHaving an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period. To request an EAD, you must file Form I-765, Application for Employment Authorization.https://www.uscis.gov › employment-authorization-documentEmployment Authorization Document - USCIS under category (c)(11).
What benefits do humanitarian parolees get?
You may be eligible for federal “mainstream” (non-ORRORRThe Office of Refugee Resettlement (ORR) helps new populations maximize their potential in the United States by linking them to critical resources that assist them in becoming integrated members of American society.https://www.acf.hhs.gov › orrOffice of Refugee Resettlement (ORR) funded) benefits, such as cash assistance through Temporary Assistance for Needy FamiliesTemporary Assistance for Needy FamiliesTANF stands for Temporary Assistance for Needy Families. The TANF program, which is time limited, assists families with children when the parents or other responsible relatives cannot provide for the family's basic needs.https://www.hhs.gov › answers › what-is-tanfWhat is TANF? - HHS.gov (TANF) or Supplemental Security Income (SSI), health insurance through Medicaid, and food assistance through Supplemental Nutrition Assistance Program (SNAP).
Do you need a sponsor for humanitarian parole?
Humanitarian parole is a temporary discretionary authorization to enter the United States that can be granted based on humanitarian or significant public benefit reasons. Each application for humanitarian parole must be accompanied with an Affidavit of Support from a sponsor.
Can a parolee apply for asylum?
(U) Those authorized parole based on a Department request for protection of that individual may apply for asylum in the United States, and, if asylum is approved, may eventually adjust status to LPR, if qualified.
What is the difference between refugee and parole?
Unlike those admitted to the U.S. as refugees, parolees are ineligible for refugee cash assistance or food stamps and receive limited access to case management assistance to help them adapt to life in the U.S.
Is parole a legal entry?
A grant of parole is a temporary and discretionary act exercised on a case-by-case basis. Parole, by definition, is not an admission.
What are humanitarian reasons for Expedite?
In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.
Is humanitarian visa refugee?
This visa is usually granted to people who have been mandated as refugees by the UNHCR and have been referred to the Department of Home Affairs for resettlement. The subclass 201 In-country Humanitarian visa is available to people who are subject to persecution and who continue to live in their home country.
How do I get humanitarian protection?
To be granted humanitarian protection, an applicant must therefore establish that they would face a real risk of serious harm if returned to their country of origin.
What is humanitarian immigration?
The specific feature of Humanitarian And Compassionate Grounds based immigration is that gives us a chance to obtain Canadian permanent residence to those people who would otherwise be unqualified to get it. It makes a program rather flexible.
When to Apply For Humanitarian Parole Instead of A Visitor Visa
Humanitarian parole may be your only option for entering the U.S. if you are inadmissible; in other words, your personal circumstances include grou...
Examples of People Who Might Apply For Humanitarian Parole
You may qualify for humanitarian parole for one of any number of reasons, and the applications are decided on a case-by-case basis. Some examples o...
How to Apply For Humanitarian Parole
To apply for humanitarian parole you will need to complete Form I-131, Application for Travel Document and Form 1-134 (Affidavit of Support), and i...
Special Requirements If Seeking Medical Care
If your request for humanitarian parole is based on a medical need, you will also need to include an explanation from a doctor regarding your diagn...
An Experienced Immigration Attorney Can Help You Apply
It is important to seek professional help from an attorney if you have questions about how to complete and file this application. Remember that non...
Why do you apply for humanitarian parole?
Some examples of why you might apply for humanitarian parole may include, but are not limited to: you have a family member in the U.S. who is extremely ill and may not recover. you have a family member in the U.S. who has passed away and you wish to attend the funeral service.
What do you need to request humanitarian parole?
If your request for humanitarian parole is based on a medical need, you will also need to include an explanation from a doctor regarding your diagnosis, information about why you cannot obtain the medical treatment in your home country or a nearby one, the estimated cost of the treatment, how long the treatment is expected to last, and how you will pay for it.
How long does it take for USCIS to process a case?
If you need an answer in less time than USCIS typically takes--which may be several weeks or months -- you will also need to request what's called "expedited processing," and supply evidence of why USCIS should speed up its decision in your case.
What to do if you can't get a visa?
If unable to obtain a regular visa, be sure to explain the reasons why not, and to state when and where you applied for a visa. Also include a copy of the visa refusal. Also supply evidence that you can pay for your entire trip (including any medical treatment) and for your return home.
Can a non-attorney help with immigration?
Remember that non-attorneys cannot offer legal advice regarding the application and might not have the correct information or be in a strong position to help you. If you are facing a true emergency and you need to travel to the U.S. as soon as possible, you will find that it is worth your time and money to seek legal help from an experienced immigration attorney.
Does I-131 include a box for humanitarian parole?
Keep in mind that Form I-131 does not include a box to check for "humanitarian parole.". Instead, the form asks you about "advanced parole" in question 1e. This is the box you should check if you are applying for yourself. If you are in the U.S. and you are applying for someone who is outside the U.S. you should check box 1f.
Why do we need humanitarian parole?
Reasons for humanitarian parole can include (but are not limited to): To reunite with family members in the U.S. who are old, sick or otherwise vulnerable; To care for or support a family member in the U.S. who is seriously or terminally ill;
What documents are needed to obtain humanitarian parole?
To obtain humanitarian parole, the beneficiary or someone applying on the beneficiaries behalf must file the following documents: Form I-131, Application for Travel Document. Form I-131, Application for Travel Document, Form I-134, Affidavit of Support (establishing a source of financial support once in the U.S.), and.
How long does it take to get a parole order?
Approval of humanitarian parole normally takes between 60 and 120 days once all the paperwork is in order.
What is an alien in detention?
An alien who is in detention in the U.S. for immigration violations. Aliens who are already in the U.S. unlawfully or temporarily (but not in detention) should file for “advance parole” or, if they have family members in the U.S. military, for “parole in place,” instead.
How much does it cost to file an I-131?
There is a $575 fee to file the Form I-131. Either the fee or an I-912 request for a fee waiver must be submitted with the application. There is no cost to file the Form I-134.
Can an alien be removed from the United States?
Yes. Humanitarian parole does not prevent an alien from being placed into removal proceedings as a result of conduct committed after the alien’s admission into the United States, or for conduct or a condition that was not disclosed prior to the alien’s admission. 6.
Where is expedited processing on USCIS?
Instructions for expedited processing appear on the USCIS Form I-131 page.
What is humanitarian parole?
Immigration Law has established Humanitarian Parole (HP), a program, which, while not a panacea or “go around” of the normal visa application process, is designed to accommodate true emergencies of humanitarian nature. The U.S. Government strictly enforces this policy.
How to get parole based on medical reasons?
Parole based on medical reasons may be granted by USCIS. With the request for parole, it is essential that you also submit any and all documentation which supports your claim. In addition, you should also submit any medical records, letters or diagnoses which provide the length of the treatment. You should also submit reasoning as to why you are unable to obtain treatment in your country of nationality or another country which neighbors your own. This request should also include the estimated cost of the treatment (s) and how the treatment and/or procedure (s) will be paid for. Lastly, you are also to include how you will be able to pay to return to your native country. In case that the applicant is a child, consent of the parent or legal guardian is required.
Can you appeal a humanitarian denial?
Unlike other applications submitted to USCIS, a Humanitarian Parole denial cannot be appealed. The decision is final. Nevertheless, if there is a change in circumstances or new developments in connection with your reasons for your Humanitarian Parole request, you can and should submit a new Humanitarian Parole request, in accordance with the aforementioned procedure (s) with all supporting evidence.
Can you use humanitarian parole to circumvent visas?
However, an application for Humanitarian Parole cannot be used as a means of circumventing standard procedures or policies in which visas are issued. This is especially true since an urgent and valid humanitarian reason is required for this benefit to be granted.
Can an immigration attorney appeal a denial?
Improper filing of a request or application can result in unnecessary delays and often times in an outright denial. Since denials of these requests cannot be appealed, it is in your best interest to seek assistance from an immigration lawyer.
Can I file for parole extension?
You may also file for an extension of parole with USCIS. In order to do so, you will need a new Form I-131, Application for Travel Document, the filing fee, a new Affidavit of Support (form I-134) and a legible copy of the Form I-94 Departure Record that was issued to you upon your parole into the United States.
What Is Humanitarian Parole?
Humanitarian parole is used to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to an emergency.
What documents are needed for a humanitarian parole request?
All humanitarian or significant public benefit parole requests must include important identity and other documents for the petitioner, the beneficiary and sponsor, as noted in Documents to Submit in Support of All Parole Requests
What is the burden of proof for parole?
(See Section 212 (d) (5) of the INA.) The burden of proof is on the petitioner to establish that parole should be authorized. Parole will be authorized only if we conclude, based on all the evidence the petitioner submits and any other relevant evidence available to us, that
What age can you get parole for a minor?
Depending on the circumstances, when parole is requested for a minor child (a child under the age of 18 ), the USCIS will require proof of parentage, and in addition, may require the following types of evidence in the interest of protecting the child:
How long does it take for USCIS to process a case?
If you need an answer in less time than USCIS typically takes–which may be several weeks or months — you will also need to request what’s called “expedited processing,” and supply evidence of why USCIS should speed up its decision in your case.
Why do people get paroled?
For example, a person may be paroled if they have a request for medical care that involves experimental treatment or medical trials from which a larger community in the United States may benefit.
Can you use parole to bypass immigration?
Please Note: You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures.
What should a petitioner provide for parole?
For parole requests based on protection of harm, the petitioner should describe the reasons in detail and provide corroborating evidence. Relevant factors may include:
Why do you need to provide evidence for parole?
If the petitioner is seeking parole for the beneficiary so that they can participate in a hearing, trial or other legal proceeding, the petitioner should provide evidence regarding the proceeding and explain why the beneficiary’s presence is necessary to help resolve outstanding legal issues. Generally, such requests are based more on significant public benefit reasons related to the efficient functioning of the U.S. judicial system.
What evidence is needed to return to the United States?
Note: The petitioner will need to present evidence demonstrating any urgent humanitarian or significant public benefit reasons to return to the United States, which may include evidence of the effect on the beneficiary and/or family members or business interests in the United States.
Can a beneficiary obtain a parole?
However, in some circumstances, a beneficiary is not able to obtain the visa and may seek parole. In such cases, it is important for the petitioner to submit any available evidence of attempts to obtain a visa and an explanation as to why a visa cannot be timely obtained. Examples of Relevant Evidence. Evidence supporting the nature and severity of ...
Can you reunite family members on parole?
Generally, parole is not granted solely to reunite family members. While separation from family members often times causes hardship, we may grant parole only if the evidence establishes that there are urgent humanitarian reasons or significant public benefit reasons for the beneficiary to come to the United States.
Can you request parole for more than one reason?
We provide this non-exhaustive information to help individuals understand some general factors we consider in determining whether to authorize parole for common types of requests, to assist individuals to prepare more complete packages, and to avoid requests for evidence which can cause delays. In some cases, more than one reason for parole may apply. In such cases, the petitioner should provide evidence for each of the reasons.
Can a beneficiary get a nonimmigrant visa?
Often a beneficiary seeking medical treatment in the United States is able to obtain a nonimmigrant visa from the Department of State. In urgent cases, the Department of State may agree to expedite the request. However, in some circumstances, a beneficiary is not able to obtain the visa and may seek parole.
What is Humanitarian Parole?
While humanitarian parole is explicitly authorized by the INA, there is no statutory or regulatory definition of an “urgent humanitarian reason.” USCIS has stated, however, that it will consider factors such as the time-sensitivity of the circumstances and the degree of suffering that may result if parole is not authorized. According to USCIS, examples of urgent humanitarian circumstances could include, but are not limited to:
What is parole in immigration?
In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily remain in the United States. This overview explains how parole requests are considered, who may qualify, and what parole programs exist.
Who Has Authority to Grant Parole?
The Secretary of Homeland Security has delegated parole authority to the three immigration agencies within DHS: U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE).
What is Advance Parole?
Advance parole constitutes permission from DHS to re-enter the United States after travel abroad. Importantly, however, the issuance of an advance parole document is not a guarantee that a person will be permitted to re-enter the United States when inspected at a port of entry upon their return.
What Factors Are Considered in Making a Parole Decision?
Each DHS component has its own methodology for making parole decisions. Moreover, the factors to be considered will vary depending on the type of parole requested. In general, however, since parole is a discretionary benefit, all parole decisions will be made on a case-by-case basis, with the immigration officer considering the reason for the request and whether it constitutes a basis for parole, and then weighing the positive factors in the noncitizen’s case against any negative factors. In deciding whether to favorably exercise discretion, the immigration officer evaluates a number of factors, including:
What is an admission in immigration?
An admission occurs when an immigration officer allows a noncitizen to enter the United States pursuant to a visa or another entry document, without the limitation of parole. The distinction between an admission and a parole is a significant one under immigration law.
How does parole work?
The Parole Process and How It Works 1 Parole is reviewed on a case-by-case basis by an agency under DHS, and the burden of proof is placed on the applicant to establish that parole should be authorized. 2 If parole is authorized, the agency authorizing parole will specify the duration parole may last, tailored to accomplish the purpose of the parole. 3 Parole ends on the date it is set to expire, when the beneficiary departs the United States, or when the individual acquires an immigration status. 4 DHS may revoke parole at any time if it is no longer warranted or the beneficiary violates the conditions of the parole.
