Parole is a term of art used in immigration law and is a way for the U.S. government to let someone into the United States temporarily, without actually ‘admitting’ them. It is also used for otherwise inadmissible individuals, who are thus ineligible for ‘admission.’
Humanitarian Parole is a type of parole used for urgent or humanitarian reasons. According to USCIS, Humanitarian Parole is “an extraordinary measure sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period due to a compelling emergency.”
What is a Compelling Emergency?
A compelling emergency is typically an emergent or time-sensitive situation. Examples include medical emergencies, family reunification, criminal or civil court proceedings, or physically or mentally challenged individuals. Humanitarian Parole will not be granted to circumvent standard visa procedures or to bypass long waits for a visa.
For How Long Is Humanitarian Parole Granted?
Humanitarian Parole is typically granted for the expected duration of the ‘emergency.’ There is no provision for an ‘extension of parole;’ however, you can apply for re-parole at least 90 days before the expiration of your parole. An application for re-parole is the same as an application for initial parole, and all the same evidence should be included.
Who Can File for Humanitarian Parole?
The simple answer is that anyone can. The parolee must be physically outside of the country; however, the parolee can self-petition, or anyone else can file the parole application on their behalves.
What Must I Show for Humanitarian Parole?
What you’ll be required to show will vary depending on the emergency; however, in all situations, you should be prepared to show that there is an emergency or compelling situation.
Evidence of Emergency
- You must explain, in detail, the nature of your emergency and how long you wish to stay in the United States.
- If you are entering to attend court proceedings, you must submit proof of any upcoming court dates, evidence of the duration of the court case, and verification of your required presence.
- For family reunification, you must submit any birth, marriage, death, adoption, divorce, or guardianship certificates pertinent to your case.
- If your emergency is medical, you should provide proof of any medical conditions, recent evaluations of your health, and proof of any appointment dates within the United States. You should also include evidence of the diagnosis, prognosis, why treatment cannot be obtained in your country of origin, the estimated cost of treatment, and evidence of means to pay for the treatment or procedure.
Affidavit of Support
- The applicant must also include an I-134, Affidavit of Support. The government wants to know that the parolee will be able to support themselves, or that there is someone in the United States who will financially assist them.
Unavailability of a Non-Immigrant Visa
- Because Humanitarian Parole is an extraordinary measure, you should demonstrate why no other avenues were available to you. You should explain why you are ineligible for a regular visa. If you are inadmissible, explain why you cannot obtain a waiver of inadmissibility and include copies of any visa or waiver denials.
- If the applicant is someone other than the parolee, you should provide evidence of your relationship to the parolee, and proof of your immigration status (if any).
Humanitarian Parole cases are intricate and complex. Please contact an immigration attorney who is trustworthy and knowledgeable! Our attorneys at Landerholm Immigration, APC, are experienced in all types of simple and complex parole cases. Please feel free to call us at (510) 491-0291 to see how we can help!