Humanitarian parole lets people into the United States legally and temporarily. A person granted humanitarian parole into the United States is considered an applicant for admission, not officially admitted, but their presence is still legal. Humanitarian parole is a form of relief listed in the Immigration and Nationality Act (INA). The INA is the primary law that governs over all immigration policy in the United States.
If you need to enter the country for national security concerns, legal family matters, or you’re in need of urgent medical treatment, our lawyers from the D’Alessio Law Group can assist you.
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The INA is specific about humanitarian parole and humanitarian parole programs.
It states that the Secretary of Homeland Security should use their own discretion to offer parole to any noncitizen who applies for admission to the United States.
The Secretary can do this for urgent humanitarian reasons or if it is a significant benefit to the public at their own discretion.
In order to be eligible for Humanitarian Parole, individuals must meet certain eligibility criteria:
Consulting with an immigration attorney from D’Alessio Law can help you determine whether humanitarian parole is right for you.
Humanitarian parole does not offer as many benefits to the foreign national as refugee status or asylum status would. You can’t apply for a green card based simply on humanitarian parole, for example.
Still, humanitarian parole doesn’t prevent the individual from applying for immigration status or visa.
The primary benefit of humanitarian parole is that it grants beneficiaries legal presence in the U.S. They won’t get deported if they follow all the conditions while they are protected by humanitarian parole.
USCIS may grant permission to work to paroled individuals who file Form I-765, Application for Employment Authorization Document (EAD), but it is only temporary. It should not be used in a way to bypass the process of obtaining a normal work visa.
Sometimes, humanitarian parole is available through a humanitarian parole program. Some examples of humanitarian parole programs that have existed in accordance with the INA include:
These humanitarian parole programs are rare. Often, humanitarian parole is granted for more personal reasons such as attending a funeral, visiting a sick relative, or getting medical treatment.
Humanitarian parole requires thorough documentation for approval. The following forms must be submitted:
As with any type of immigration related application, noncitizens are most likely to be approved with the help of an experienced immigration attorney. After USCIS gets your forms, they will triage your forms. This means they will decide whether the need is urgent and if it falls under USCIS jurisdiction. If it doesn’t fall under USCIS jurisdiction, they will transfer it to the proper office.
If it seems as though the noncitizen likely qualifies for humanitarian parole, they will be given a conditional approval notice with instructions on what to do next.
With a conditional approval, the noncitizen will get notice to complete a Form DS-160, Application for a Nonimmigrant Visa through the State Department. The noncitizen will receive a notice to attend their interview, biometrics appointment, and a notice of decision at a consulate or embassy. Once approved, the noncitizen will be given instructions for the next steps.
While at a port of entry, a U.S. Customs and Border Protection officer will grant parole for the noncitizen into the country. Remember, this is not being “admitted into the country,” this is being “paroled into the country.” The recipient of humanitarian parole will be issued a Form I-94, Arrival/Departure Record and permitted into the United States.
If you need to enter the U.S. for a humanitarian reason, contact D’Alessio Law, and we will assess your case and let you know if Humanitarian parole is right for you.
At D’Alessio Law, we make the process of applying for and retaining immigration relief and benefits simpler. If you need an immigration lawyer with a history of success, contact us today for a free consultation.