Law Office of Irwin M. Avelino

Humanitarian Parole

Humanitarian_Parole_Visa_Immigration_Attorney_Lawyer_Avelino_Los_AngelesWhat is Humanitarian Parole?

  • Humanitarian Parole is an extraordinary measure sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a compelling emergency.
  • Humanitarian Parole is not intended to be used to circumvent normal visa issuing procedures, bypass delays in visa issuance, or immigrate to the United States.
  • It is possible that a parolee can adjust to a permanent status from parolee (e.g., parolees granted asylum, beneficiary of a relative petition, Cubans through the Cuban Adjustment Act, etc.).

Who Can Apply for Humanitarian Parole?

  • Anyone can make an application on behalf of someone who is outside of the United States and has an urgent need to enter the country.
  • Individuals may also self petition for Humanitarian Parole if they are outside the United States.

Common Types of Parole Requests

Reasons for Parole include but are not limited to the following:

  • Medical
  • Family Reunification (adults and children)
  • Civil and Criminal Court Proceedings
  • Other Emergent Requests

Major Reasons for Humanitarian Parole Requests and Factors USCIS Considers when Adjudicating Applications:

The following information does not constitute a comprehensive list of factors included in the protocol, but rather provides examples of the types of factors USCIS considers.

  • Medical Requests: In considering medical requests, USCIS adjudicators are to carefully review the application, supporting documentation, and other resources to determine among other factors:
    • the nature and severity of the medical condition for which treatment is sought;
    • whether or not the requested treatment is available in the home or neighboring country; and
    • the medical verification of the need of the prospective parolee.
  • Family Reunification: Regarding family reunification, USCIS will consider many elements, such as:
    • whether the request is designed to circumvent the normal visa issuance process;
    • evidence of a bona fide relationship between the applicant and claimed relatives in the United States; and
    • the age and mental and/or physical limitations of the family member who is seeking to be paroled into the United States.
  • “Emergent” requests: Emergent conditions that the USCIS considers include: humanitarian situations, such as:
    • visiting dying family member;
    • the need to attend a funeral;
    • or resolution of matters associated with the death of a family member.
    • In addition, according to USCIS protocols, the agency considers:
      • evidence of a bona fide relationship;
      • Medical documentation supporting the prognosis of the family member, or death certificate (when a relative has died); and
      • whether there are no other next of kin residing in the United States who can provide emotional support or settle an estate.
  • Other Humanitarian Requests: Humanitarian parole is a discretionary decision that inherently permits the USCIS to consider any circumstances brought to its attention by the applicant. USCIS protocols note that while every situation is “emergent” to the applicant and/or sponsor, many requests for humanitarian parole are for the convenience of the applicant and/or sponsor.

Adjudications Decisions

  • If the parole request is approved, USCIS will notify the petitioner and any representative of record.
  • USCIS will then coordinate with the USCIS Overseas Officers or US Embassy or Consulate for issuance of appropriate travel documentation.
  • If the parole request is denied, USCIS will notify the applicant and any representative of record.

Re-Paroles

  • There is no provision in the regulations to “extend” a parole for an individual who is present in the US. A parole ends on the date the parole period expires or when the alien departs the US if this occurs prior to the expiration of the parole.
  • USCIS has the authority to Re-Parole an alien if the initial parole authorization was issued by USCIS.
  • A request for Re-Parole requires the filing of a complete parole application package (including a nonrefundable fee of $305) that contains information supporting the need for a Re-Parole.

Notes

  • Over the years, approximately 25% of the received applications have been approved. Generally we receive approximately 1200 applications per year.
  • Please remember that humanitarian parole cannot be used to circumvent normal immigration procedures and it is not a means to bypass delays in visa issuance. Therefore, humanitarian parole should not be recommended to individuals unless all other avenues for entry into the United States have been exhausted.