What is Humanitarian Parole?
Humanitarian Parole is for those experiencing extenuating circumstances which may grant them temporary parole into the United States. Individuals may apply for Humanitarian Parole to enter the U.S. only under emergency or humanitarian circumstances. This parole is temporary and is usually granted only so long as the duration of the emergency exists. There are several situations in which a person might be eligible for Humanitarian Parole, but it is ultimately at the discretion of the Humanitarian Affairs Branch of USCIS, the Customs and Border Protection (CBP), or the U.S. Immigration and Customs Enforcement (ICE) officer reviewing their case.
Eligibility for Humanitarian Parole
Anyone outside of the U.S. who has a significant and critical necessity for entering the U.S. can apply for Humanitarian Parole. An individual can petition for themselves or on behalf of another person, or anyone in the U.S. can petition for an individual outside the U.S.
Qualifications for Humanitarian Parole
Such humanitarian cases include, but are not limited to:
- The need to receive medical treatment in the United States.
- The need to reunite with family in the United States because the person outside the U.S. is in a vulnerable situation. This can be due to their age, whether they have a disability, poor living conditions, etc.
- The need to provide care to a terminally ill or seriously ill family member who resides in the United States.
- A person who is an organ donor to someone in the United States.
- The need to attend the funeral of a family member in the United States or assist in the settlement of their estate.
- Those who are seeking protection in the United States from imminent harm in their country.
- Those who are required to participate in legal proceedings in the U.S.
These are just some examples of situations that may qualify someone for humanitarian parole. It is not an exhaustive list. These situations do require certain types of evidence to demonstrate the significance of the situation in proving the necessity for Humanitarian Parole. It is at the discretion of the officer reviewing the case as to whether parole will be granted.
How Long Does the Parole Last?
Humanitarian Parole is usually only granted for the duration of the emergency. This will vary depending on the individual and circumstances; however, a parolee can apply for Humanitarian Parole again (re-parole) which, if approved, would renew their status. This must be done at least 90 days prior to their parole expiration date. The individual must have intentions to leave the United States once their parole is expired unless they intend to obtain lawful immigration status, if applicable. If an individual is seeking lawful immigration but has not yet obtained it, they must apply for re-parole before the expiration of their parole.
What agencies authorize parole?
The three agencies that process Humanitarian claims are:
- USCIS
- ICE
- CBP
USCIS authorized applications for those individuals outside the U.S. ICE authorizes applications for individuals in Removal Proceedings or those who have been removed from the U.S. before. CBP authorizes applications at U.S. ports of Entry.
How to Apply for Humanitarian Parole
Step 1: Obtain and fill out Form I-131, Application for Travel Document. This form requires a filing fee for each applicant. You may request a waiver for the filing fee; however, this is generally not recommended as filing for a waiver could delay the processing time for the approval of the application.
Step 2: Obtain and fill out Form I-134, Affidavit of Support. One of the more critical factors that should be included in your application is evidence of a sponsor who will provide financial support to the individual seeking parole. This person must agree to provide financial support to the person seeking parole for the duration they are granted the parole status. They must provide evidence of their financial stability and submit an affidavit of support for each individual that is being sponsored. Failure to provide this form and evidence of a sponsor will likely result in the denial of the parole application.
Step 3: Provide a written statement explaining the humanitarian reason or emergency. Gather all evidence and supporting documentation that would help explain and demonstrate the need for Humanitarian Parole. Certified translations must be provided for all documents that are not in English.
What Happens After Filing for Humanitarian Parole
Once the application is filed, you will receive a receipt notice from USCIS. Notice of approval or denial can take several months, so if the situation is imminent, it is important to file an expedited request to hasten the response.
After Arriving in the United States
Humanitarian Parole is only granted for the duration of the emergency and is not an avenue to legal immigration status. Once inside the U.S., however, the parolee may apply for work authorization and seek lawful immigration if they wish to. For more details on various avenues to lawful immigration, please schedule a consultation with one of our lawyers. Please visit the following link to book a meeting: https://shorelineimmigration.com/booking/
Special note for Humanitarian Parole for individuals seeking protection from harm
If an individual is seeking protection from target or individualized harm and cannot go through the normal asylum process overseas, they may apply for Humanitarian Parole. If approved and once inside the U.S., the parolee may apply for asylum through the typical immigration channels. For more details on how to apply for asylum in the United States, please contact us today!
Because of the complexity of the application process and the particularity of each request, it is recommended that assistance is obtained from a knowledgeable and qualified immigration attorney. The Law Office of Lindsey J. Harris is committed to guiding applicants through the Humanitarian Parole process and ensuring that each step is carefully and thoroughly attended to. For more information about Humanitarian Parole, or if you have any other immigration-related questions, please contact our office. We look forward to working with you and helping you with all your immigration concerns.