Humanitarian Parole
Humanitarian Parole gives people permission to enter the United States for urgent humanitarian reasons or significant public benefit. If someone doesn’t have another way of coming to the United States, but has a medical emergency, urgent family matter, or is facing a dangerous situation at home, they can apply for humanitarian parole to come stay in the US for a limited period of time.
Generally when USCIS is evaluating a Humanitarian Parole request, they will consider these 3 factors:
The level of suffering experienced if parole is not granted
The time pressure
The effect a rejection might have an on the applicant's well being
In addition to the general humanitarian parole process, there are several humanitarian parole programs for people from certain countries. For example:
Important terminology used in this article:
Petitioner: The person completing the Form I-131, Application for Travel Document, on behalf of an individual outside the United States who is seeking parole (or re-parole as explained below). The petitioner may also be a “self-petitioner,” which is an individual who files Form I-131 for themselves.
Beneficiary: A beneficiary is an individual seeking an immigration benefit (in this case, parole)
Financial Supporter: A financial supporter is an individual who agrees to provide financial support for the beneficiary of a parole application by filing Form I-134, Declaration of Financial Support.
Parolee: A parolee is an individual who is paroled into the United States. (A beneficiary of a parole application becomes a parolee when they are paroled into the United States at a port of entry)
How to Apply for Humanitarian Parole:
Step 1: Complete the I-131, Application for Travel Document
This is the main form used to apply for humanitarian parole. You can find this form on the USCIS website.
Step 2: Complete the I-134, Declaration of Financial Support
This form us used to show that the applicant is able to financially support themselves while staying in the US. The applicant may also have a financial sponsor file Form I-134 on their behalf.
NOTE: If you are applying through a country-specific program, financial sponsors must file Form I-134A instead (officially known as the “Online Request to be a Supporter and Declaration of Financial Support”)
Step 3: Gather Evidence and Supporting Documents
The documents needed depend on the reason you are asking for humanitarian parole. You may need to submit medical reports, death certificates, or proof of family relationship. Make sure to provide clear and complete documentation to support your request. For Form I-134 and Form I-134A, specific financial documents will be required as well. Generally, the person requesting humanitarian parole will need to provide the following evidence:
Detailed explanation of the reasons why the petitioner is requesting parole;
Detailed explanation of the length of time for which the beneficiary needs parole;
Detailed explanation of why the beneficiary cannot obtain a U.S. nonimmigrant or immigrant visa from the U.S. Department of State, including:
When and where the beneficiary attempted to obtain a visa(s), if applicable;
If a visa application was denied, a copy of the denial letter; and
If applicable, a detailed explanation of the reasons why the beneficiary cannot obtain any required waiver of inadmissibility and a copy of any denial letter received;
Copies of any previously filed immigrant petitions (Form I-130, Form I-140, Form I-360, etc.) or nonimmigrant petitions filed by or for the beneficiary, if available;
Copies of any documents that support the request, including a clear and legible copy of a government-issued identification that indicates the beneficiary’s citizenship.
If a birth certificate is provided, please submit a copy of the front and back of the original birth certificate; and
Copies of a U.S. passport, Permanent Resident Card (Green Card), birth certificate or other evidence of valid U.S. immigration status or citizenship for the petitioner and financial supporter, where applicable.
Any foreign language document must be accompanied by a full English language translation and a certification signed by the translator indicating that the translator is competent to translate the document and that the translation is true and accurate to the best of the translator's abilities.
You can find more details about what evidence to submit on this USCIS webpage: Guidance for Certain Types of Humanitarian or Significant Public Benefit Parole Requests
Step 4: File Your Application
The full application can be filed via mail or online by creating a MyUSCIS account. You will need to pay a filing fee for the I-131, or, you may request a fee waiver via form I-912.
After USCIS received your application, they may issue you a Biometric Services appointment notice and/or a Request for Evidence (RFE) if they would like more information.
Step 5: Decision
If the beneficiary is deemed eligible for parole, USCIS will mail a conditional approval notice to the petitioner and their attorney. USCIS will also notify the US embassy or consulate closest to your residence. This notice will tell the beneficiary next steps, such a scheduling an appointment with the embassy, biometrics collection, obtaining travel documents, and any conditions the beneficiary must comply with if paroled into the United States. If you are denied, USCIS will mail a denial letter to the petitioner and attorney.
Step 6: Issuance of Travel Documents
After USCIS conditionally approves a request, the notice will inform the petitioner that the beneficiary must complete a Form DS-160, Application for a Nonimmigrant Visa, and appear for an appointment with the Department of State at a US embassy or consulate to verify their identity and collect biometrics. If no negative information or new identify information is found during this vetting, the consular section will issue a document (referred to as a boarding foil) that will allow the beneficiary to travel to the US within 30 days of it being issued.
NOTE: Those who receive a notice of continued parole processing because the beneficiary is in a location without a U.S. embassy or consulate must notify USCIS when the beneficiary is in a location with a U.S. embassy or consulate where they can complete the required steps above. At that time, USCIS will communicate with the petitioner about next steps in the process.
Step 7: U.S Customs and Border Protection Paroles the Beneficiary into the United States
A CBP officer will inspect the beneficiary at a port of entry. If CBP authorizes parole for the beneficiary, CBP will issue the parolee a Form I-94, Arrival/Departure Record, documenting the length of their parole period. The parole period begins when CBP paroles the beneficiary at the port of entry. After arriving in the United States, the parolee may request employment authorization by filing Form I-765, Application for Employment Authorization.
Once in the United States, it's important to remember that a parole document is valid to be presented only 1 time for parole at a port of entry. If the individual leaves the United States, their parole will end when they depart. If the parolee wishes to travel abroad and then return to the United States as a parolee, they may file a separate application on a new Form I-131 for advance parole before traveling abroad. The individual may also apply for a visa or again request parole from outside of the United States in order to return, but that will likely be more complicated.
Although parole is temporary in nature, sometimes a person will need to remain in the US beyond the period of authorized parole. In that case, the petitioner may request re-parole by:
Filing a new Form I-131, Application for Travel Document;
Checking box 1.e or 1.f in Part 2 of the form; and
Writing “re-parole” across the top of the application.
If required, filing a new Form I-134, Declaration of Financial Support;
Including required fees (or request for fee waiver); and
Submitting materials and evidence to support re-parole, including an explanation and providing supporting documents on the need for an additional authorized parole period.
If you have any questions, or would like to receive help filing the application, please book a consultation- we would love to help you!