A Simple Guide On The US Humanitarian Parole

The US Citizenship and Immigration Services (USCIS) permits specific international visitors who lack a visa to come (or be allowed entry) into the US through the “humanitarian parole” program. This program enables individuals to travel to the US if they are dealing with severe situations or are engaged in matters of public significance.

Nonetheless, the USCIS is cautious in approving humanitarian parole. It prioritizes allowing international visitors who cannot secure an immigrant visa but are still considered deserving of entry for significant reasons. If you urgently need to visit the US and can’t secure a typical visa, humanitarian parole might be your final option.

People from abroad usually apply for this kind of short-term residency when they require medical care in the US, need to see a critically ill relative in the US, or go to the burial of a family member who was a US citizen. Nonetheless, there are other reasons you could qualify for humanitarian parole.

Understanding the rules on humanitarian parole is crucial to successfully applying for one. Read on to grasp the details of US humanitarian parole.

What is humanitarian parole?

Parole, for humanitarian reasons, permits people from other countries to come to the US without a visa if there are no other visa options. This special permission is given to foreigners already in the US who must stay temporarily. If you already live in the US, you can apply for humanitarian parole for someone else who cannot enter the US for legitimate reasons.

The US Citizenship and Immigration Services (USCIS) is not very common in approving parole for humanitarian purposes. It only does so when there are no other visa options available. Thus, to be considered for humanitarian parole, you must show you cannot get a visa.

How humanitarian parole began

The beginning of the humanitarian parole program can be traced to the Immigration and Nationality Act (INA). This law gives the Secretary of Homeland Security the authority to decide when noncitizens can be allowed into the United States for humanitarian purposes. The main goal of this policy is to tackle immediate humanitarian needs or offer significant benefits to the wider community.

Over the years, humanitarian parole has served as a versatile option for specific cases that don’t fit the requirements of the usual immigration procedures. It has been used for:

• Allowing entry for healthcare access.
• Bringing families together.
• Offering support during emergencies.
• Addressing major matters of public interest.

Why the humanitarian parole?

Humanitarian parole is a crucial lifeline, especially for people in critical humanitarian situations. Those who can significantly impact society but are not eligible for a visa to enter the United States can also benefit. This optional relief provides short-term permission to enter the US.

It offers a crucial solution for those in severe situations. Although it is not a visa or a way to get a green card, it brings hope and relief during difficult times. It is essential to protect the well-being of people in extraordinary situations, including medical and family emergencies, and to be involved in vital legal activities.

It acts as a humanitarian support system, enabling people to obtain essential resources, services, and assistance in the United States.

Who can get humanitarian parole?

The provision of humanitarian parole serves as a critical lifeline for people in dire need. Yet, it is crucial to grasp the specific requirements for eligibility. The USCIS carefully examines each application based on the compelling reasons stated in it. They also consider how their decision would affect the applicant’s welfare.

The requirements for eligibility are wide. This is because the USCIS considers each case to be of its own merit. The main criteria the USCIS looks for are:

• The severity of suffering or damage that would occur if parole were denied.
• The immediate nature and need of the situation.
• The significant impact and advantages for the individual and society.

The most common circumstances that lead to a successful grant include:

• Critical medical conditions. This involves cases where immediate medical care is inaccessible in the applicant’s home country.

In these circumstances, it is essential to show that the healthcare you need is inaccessible in the country where you or a family member lives. Moreover, you need to provide enough information to prove that the healthcare you seek isn’t available in the nearby countries. You can obtain this proof from the doctor in charge of your care.

The doctor’s official statement should also include a thorough description of how long the medical procedure will take and the costs related to the treatment. Along with the estimated cost, you should also detail your strategy for paying for the healthcare you or the person you support will receive in the US. This usually requires submitting a Statement of Support.

• Provision of last moments with loved ones. Granting parole for the presence of seriously ill family members during their last hours.
• Family emergencies. Assisting individuals in reuniting with family members in extreme distress or facing emergencies.
• Important legal matters. Allowing individuals to be involved in essential legal activities as witnesses, victims, or participants.

It is vital to build a persuasive case with supporting proof. This proof must show the pressing need and humanitarian aspect of your situation. The USCIS exercises its judgment in deciding whether to approve these parole applications. The reasons provided by those applying for this entry into the US are often diverse.

A less common reason for applying for this parole could be that the US would greatly benefit from your entry. You must also show that this parole is the only way you can do so. Nonetheless, it is crucial to consider every possible visa option before looking into this parole.

Can I apply if I have other options?

The USCIS notes that anyone can apply for humanitarian parole. However, this relief is usually given to people dealing with real crises or health issues. Those required to be in the US for reasons that benefit the public can also get it. The application for humanitarian parole cannot be used to avoid visa denials or sidestep the need for a waiver.

USCIS will likely deny a request for humanitarian parole if it is just a way to dodge other visa requirements. For example, if another method of entering the US (such as a B-2 visitor visa) is available to you, USCIS will typically turn down your application for humanitarian parole.

However, it may be granted if you show that parole should be granted because of a specific emergency. Alternatively, if you qualify for a B-2 visitor visa but have to travel to the US to look after a sick family member, you might choose to apply for humanitarian parole.

This is if the local US consulate in your country is experiencing delays in processing B-2 visitor visas. All you need to do is inform USCIS of your travel purpose: visit your sick family member. Other potential reasons that might prevent you from entering on a visa:

• You might not be eligible for a B-2 visitor visa. This may be due to overstaying a previous visa or for other reasons.
• You need to stay in the US longer than a visitor is allowed on a B-2 visa.

The application process

To request humanitarian parole, you must:

• Complete two crucial forms. Fill out Form I-131, the Application for Travel Document, and complete Form 1-134 (Affidavit of Support). Form I-131 serves various functions concerning travel to and from the US, so not all sections apply to those seeking humanitarian parole. It is crucial to thoroughly review the I-131 instructions on the form before filling it out. You must also provide a written justification for your need.

Be particularly careful when reviewing Part 2 of Form I-131. You will see that there is no option for “humanitarian parole.” Instead, the form enquires about “advance parole” in question 1e. This is the option you should select if you are applying for yourself. If you are in the US and seeking to bring someone outside the US into the country, select option 1f.

You need to detail the duration of your stay in the United States. The most USCIS can grant you for humanitarian parole is a year, though extensions are possible.

• Provide proof. It is crucial to provide proof of your urgent need for this type of parole. Begin with a letter that explains the reasons behind your application. If you couldn’t secure a standard visa, detail the reasons for that failure. You must include the dates and locations of your visa application attempts and a copy of the visa denial.

You might consider providing proof that you can afford your trip. This cost may include any medical costs and your return journey. You must also describe how your sponsor will fund your expenses (if relevant). An experienced immigration lawyer can be invaluable in drafting your letter and presenting your proof to USCIS persuasively.

If your circumstances are pressing and you require a response faster than the usual timeframe USCIS takes (which can span weeks to months), you can ask for “expedited processing.” To initiate this, add “EXPEDITE” to the upper right corner of your application. However, you must provide thorough reasons why USCIS should expedite the resolution of your case.

What to do after a denial?

You cannot contest the denial of a humanitarian parole request. Yet, you might be able to reapply if there is a major shift in your circumstances or if you can provide more evidence of the emergency than you did before.

Sometimes, someone from a different nation will try again if their need for medical treatment or their family member’s health suddenly worsens. The waiting time for the next application will be similar to the first one.

Is it possible to work with this parole?

Indeed, people granted humanitarian parole are usually allowed to work in the US. However, to work legally, you need to get an Employment Authorization Document (EAD). This is also referred to as a “work permit.” This document permits you to look for work and accept job offers from US employers.

To get an EAD, you have to fill out form I-765 and submit it to the USCIS. The process usually requires providing specific documents and paying the necessary fees. Moreover, it is recommended to seek assistance from an immigration lawyer who can help you navigate the work permit application process.

This ensures that all the required steps are completed accurately and efficiently. Getting a work permit can lead to job opportunities and financial self-sufficiency while living in the US under this parole. It is a crucial step in becoming part of the workforce and community.

Get help!

If you are unsure how to fill out and submit this form, getting experienced legal assistance from Gehi and Associates is crucial. Immigration-related applications can take several months to process, and a rejection due to a lack of evidence or errors on the form could lead to additional delays.

If you have a genuine emergency and need to travel to the US urgently, it is beneficial to invest in the services of a seasoned immigration lawyer from Gehi and Associates. Connect with us today!