What is Humanitarian Parole?

What is humanitarian parole?

Pursuant to INA § 212(d)(5) and 8 CFR §212.5, humanitarian parole allows a person who resides in another country to be present in the United States when:

1)     There is an urgent humanitarian reason, or;

2)     There is a significant public benefit for having you in the United States.

Common reasons for requesting humanitarian parole are a medical emergency, going to court, family reunification, funeral arrangements, or other emergency circumstances.

An advantage to humanitarian parole is that it allows someone to enter the United States, for purposes of the emergency, despite otherwise being inadmissible to the United States. However, it is important to remember that humanitarian parole is not a way to avoid normal immigration procedures. It is only to be used if there is an urgent issue currently at play. Therefore, if you do not have an urgent humanitarian basis for your request, you should not apply for humanitarian parole.

How do I request it?

You can apply for humanitarian parole yourself, through an attorney, or on behalf of someone else.

To submit a request for humanitarian parole, a person must send a request to the United States Citizenship and Immigration Services office (“USCIS”). If you are currently in removal proceedings, the request should be sent to United States Immigration and Customs Enforcement (“ICE”).

Granting your request is at the discretion of the reviewing officer. That means that, based on your evidence and the type of emergency, the officer has the authority to deny your case if they believe your request and the supporting evidence is insufficient.

When making a request for humanitarian parole, supporting evidence of your compelling humanitarian issue is vital. For example, if making a request based on a medical emergency, an applicant should be prepared to provide evidence of their medical issue, treatments available, concrete plans for obtaining that treatment, evidence of financial support for their treatment, and a reason why the treatment cannot be obtained in their home country or a different location.

Regardless of the specific reason for the request, the more evidence you can demonstrate, the stronger your case may be, so documentation will be vital.

When will I get a decision and how long will my parole last?

Currently, humanitarian parole requests are being processed within 90 days of receipt. However, you may request that your case be expedited.

If granted, you will be allowed to remain in the United States for a specific length of time – often based on your emergency. If you believe your emergency will extend past the time of your authorized stay, you must reapply.

Can I become a permanent resident if I’m granted humanitarian parole?

 No. Parole on its own is not a pathway to residency or citizenship. Speak with one of our attorneys to check out all of your options.

Humanitarian parole is a great option for an emergency trip to the United States. Contact Dubrule & Nowel today to see if it will work for you!