Humanitarian parole is the last legal resource someone has to come to the US. It’s a option for inadmissible people to come to the US for a stated time due to an emergency.
We will explain you in detail what the humanitarian parole (INA 212(d)(5)) is and how to apply.
You can apply for a parole if you have a humanitarian reason, an emergency, or there is public benefit from letting you to come to the US for a time.
Firstly, you cannot use the humanitarian parole to avoid regular visa-issuing. It is a last-case resort.
What can be a strong reason to get a humanitarian parole? Laws don’t state any set reasons, but some may be:
- Getting critical medical treatment you cannot receive in your country
- Visiting a seriously or terminally ill family member
- Attending a relative’s funeral
- Testifying in a US court
Further, you don’t need to be abroad to apply for a parole. People overseas ineligible for a visa can apply for it. Foreigners detained in the US for migration violations can do it, too. You can apply even if you were deported from the US.
What about humanitarian parole for adjustment of status? That’s an option! For example, if you get a parole and come to the US, you can, then, apply for asylum.
Humanitarian parole application
First, where to file the parole application? As usual, the USCIS handles these cases. This is the process:
- Complete the Form I-131, Application for Travel Document and the Form I-134, Affidavit of Support. The first form is the application itself. Further, the second is an affidavit to prove you have enough funds to stay in the US.
- Pay the humanitarian parole fee ($575) for each applicant. However, you can submit a I-912 form for a humanitarian parole legal fee waiver.
- Provide the supporting documents (for example, medical reports from the relative you want to visit).
- File your application
After filing, the USCIS will send:
- A receipt notice
- Biometric services notice, if needed
- Interview notice, if needed
- Lastly, notice of their decision
The approval takes between 60 and 120 days. Yet, what if there is an urgent situation? Write “EXPEDITE” in the top right corner of your Form I-131 and read the guide for expedited processing. Moreover, you must write an in depth explanation and provide evidence of why you need quick processing.
The parole will be approved only for the time you need to deal with the emergency. Broadly, it will not last more than a year. If you need more time, you can file for an extension. Further, you should do this at least 90 days before expiry.
Lastly, if your parole is denied, you cannot appeal the decision. File carefully: a terminated parole can lead to the start of a removal proceeding.
What can we do for you?
A humanitarian parole visa is a Hail Mary for people trying to come to the US. However, it has complex criteria that needs a lot of evidence and it’s discretionary. That’s why hiring an seasoned lawyer that will fight with tooth and nails by your side is the best you can do. We’ll help you get a parole for family reunification (for a short time, in extreme cases) and for medical reasons. We can provide you with a sample humanitarian parole request.
In HMA we’ve helped complex cases. We’re not afraid of fighting until the end and using all resources in hand. Contact us now, and we’ll start working your case.