United States Immigration News
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Humanitarian Parole Fact Sheet
U.S. Citizenship and
Immigration Services (USCIS) announced on their website
www.uscis.gov the following regarding Humanitarian Parole.
Introduction
Humanitarian parole enables an otherwise inadmissible individual to enter the
United States temporarily due to urgent humanitarian reasons. Parole is not
intended to be used to avoid regular visa-issuing procedures or to bypass
immigration procedures. Parole does not confer any permanent immigration status,
but does enable a recipient to apply for and receive employment authorization.
Humanitarian parole is typically granted for the duration of the emergency or
compelling situation at issue. Anyone granted humanitarian parole must depart
the United States prior to its expiration date or risk being placed in removal
proceedings. An individual paroled into the United States, however, may request
that a period of humanitarian parole be extended.
Anyone may file an application for humanitarian parole, including the
prospective parolee, a sponsoring relative, an attorney, or any other interested
individual or organization.
Questions & Answers
Q. Where can I find the law about humanitarian parole?
A. The legal foundation for humanitarian parole comes from the
Immigration and Nationality Act (INA). Section 212(d)(5)(A) of the INA states
USCIS has discretion to parole an individual into the U.S. temporarily under
certain conditions for urgent humanitarian reasons or significant public benefit
on a case-by-case basis.
Q. If I have a pending or approved relative petition, but I need to get
my family member to the United States more quickly than waiting for the normal
immigration and visa processing, should I apply for humanitarian parole?
A. Humanitarian parole normally cannot be used to avoid normal
visa-issuing procedures or to bypass immigration procedures. The course of
action in such situations is usually to request expedited processing of your
relative petition and/or visa.
Q. How do I request humanitarian parole?
A. You file a request for
humanitarian parole using Form I-131, Application for Travel Document, with the
Form I-134, Affidavit of Support, following the instructions on the Form or the
USCIS website.
For complete instructions on how to apply, see the Humanitarian section at
http://www.uscis.gov.
Q. Where can I receive forms to request humanitarian parole?
A. The Form I-131, Application for Travel Document, and Form I-134, Affidavit
of Support and instructions are available to download from
http://www.uscis.gov/forms. You may make a request online to have the forms
mailed to you, or call USCIS’ Forms Request line, 1- 800-870-3676.
Q. Is there a fee and, if so, can it be waived?
A. Yes, all Form I-131s
must be accompanied by a fee. Regulations do not permit USCIS to waive the fee.
For more information on the fee, see the Form I-131 page on
http://www.uscis.gov/forms.
Q. How long does will it take to get an answer on my application?
A. USCIS generally will
make a decision on a request for humanitarian parole within 90-120 business days
from the time USCIS receives the application. Urgent cases may be processed
within days when necessary.
Q. How can I find out the status of my application?
A. To check the status of your application, contact the Chief of
the Humanitarian Affairs Branch at the following address.
Department of Homeland Security, USCIS
Attn: Chief, Humanitarian Affairs Branch
20 Massachusetts Avenue, NW Suite 3300
Washington, DC 20529-2100
Please provide specific information about your application, such as the case
number of the humanitarian parole application, the name, and date of birth of
the petitioner, the date of application, and a brief explanation of the reasons
for seeking parole.
Q. How will I be notified if my request is approved?
A. If you are the applicant, you will receive a written notice
when your application has been adjudicated.
Q. For what period of time will I be granted humanitarian parole?
A. Humanitarian parole is
typically granted for a set period of time that corresponds with the duration of
the urgent situation at issue. It is seldom granted for longer than one year.
Guidelines
A Humanitarian Parole application package should contain ALL of the following:
- Original Form I-131, Application for Travel Document
- Original Form I-134, Affidavit of Support
- Filing fee
- Detailed explanation of the reasons why you are
applying for Humanitarian Parole and the length of time for which you need
Humanitarian Parole (the maximum time is usually limited to one year)
- Detailed explanation of why you cannot obtain a U.S.
nonimmigrant visa from the Department of State including:
- when and where you attempted to obtain visas,
- if you were denied, send a copy of the denial
letter given to you
- Detailed explanation of the reasons why you cannot
obtain any required waiver of inadmissibility (if applicable) and a copy of
the denial letter if you received one
- Copies of any previously approved immigrant petitions
(Forms I-130, I-140, I-360)
- Copies of supporting documents (tax returns, doctor’s
letters, etc) can also be referred to as evidence.
PLEASE NOTE:
- All supporting documents should be included with the
application when it is submitted to USCIS or the application may be
rejected. Applications will not be processed until all documents are
received.
- Medical Parole: If you need
humanitarian parole for medical reasons, you must submit the following, with
documentation to support any assertions, where available:
- An explanation from a medical doctor stating the
diagnosis and prognosis, and how long the treatment is expected to last;
- Information on the reasons why you cannot obtain
treatment in your home country or in a neighboring country;
- The estimated cost of the treatment and an
explanation on how the treatment will be paid for;
- How you will pay to return to your country.
- Parole for children with medical needs:
Parole of children, including for medical needs, requires the consent of a
parent or legal guardian. Parole of orphans from Haiti, including for
medical reasons, may require approval from the government of Haiti. For
information on a special parole program for certain orphans in Haiti, please
see Questions
& Answers: Information for U.S. Citizens in the process of adopting a child
from Haiti on the USCIS website at
www.uscis.gov/haitianearthquake.
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