The U.S. government uses parole authorization as an extraordinary measure to temporarily allow individuals entry into the United States, even if they may be inadmissible or ineligible for admission. This measure serves urgent humanitarian reasons or significant public benefit, providing a vital lifeline for those in need. Let’s explore the essentials of parole, how it works, and what potential parolees should know.
What Is Parole Authorization?
Section 212(d)(5) of the Immigration and Nationality Act (INA) grants parole authority, allowing the temporary entry of a noncitizen into the United States. The Homeland Security Act of 2002 transferred this authority to the Department of Homeland Security (DHS). Parole serves as a unique form of entry and not as a visa or a method to bypass standard immigration processes. Authorities use it only in specific circumstances.
The decision to grant parole is discretionary and ultimately rests with Customs and Border Protection (CBP) upon the individual’s arrival at a U.S. port of entry (POE). Parolees must comply with all conditions and ensure they do not exceed the authorized period for travel or stay.
Types of Parole
Authorities may grant different types of parole based on individual circumstances:
- Humanitarian Parole: Authorities typically grant this type for urgent humanitarian reasons, such as medical emergencies or exceptional family reunification cases. Individuals apply by submitting Form I-131, Application for Travel Document.
- Significant Public Benefit Parole: U.S. government agencies may request this type when an individual’s presence serves a significant public benefit, such as witnesses in legal proceedings.
- Advance Parole: This type allows individuals in the United States to leave and return while maintaining their current immigration status. It is often issued to those with pending asylum or adjustment of status applications.
The Parole Process: Boarding Foil and Transportation Letter
When authorities authorize parole, prospective parolees receive documentation enabling them to travel to the United States and request parole at the POE. Two key documents may be issued:
- Boarding Foil: This document allows the individual to board transportation to the U.S. and request parole upon arrival. The foil specifies the period of authorized parole, and CBP makes the final determination upon the individual’s arrival.
- Transportation Letter: Similar to a boarding foil, the transportation letter authorizes travel to the U.S. for requesting parole. It includes important information such as the validity period for travel and any supporting DHS approval documentation.
Key Points to Remember for Parolees
- Parole Does Not Equal Admission: Parole is not considered formal admission to the United States. The individual must depart before the authorized period ends or request a re-parole if staying longer.
- CBP Discretion at the POE: While DHS, through USCIS or ICE, may authorize parole, the final decision rests with CBP at the POE. CBP also determines the length of the parole period on a case-by-case basis.
- I-94 Arrival/Departure Record: If granted parole, the individual will receive an I-94 Arrival/Departure Record, either electronically or in paper form. This document serves as proof of parole and should be kept carefully.
- Employment Authorization: Parolees may apply for employment authorization by filing Form I-765. Employment authorization is not automatically granted with parole and must be applied for separately if eligible.
- Parolees paroled under INA 212(d)(5)(A) for urgent humanitarian reasons or significant public benefit usually do not receive resettlement assistance like refugees do. Therefore, every parole request must include a supporter who will provide financial support to the parolee upon arrival in the United States.
Who Can Request Parole?
An individual or a U.S. government agency can request parole:
- Individual Request: A person may file Form I-131 on their own or for a family member who is outside the U.S. This is commonly done for humanitarian reasons or to address specific public benefit needs.
- Government Agency Request: In rare instances, a U.S. government agency may request parole for someone when there is a clear U.S. government interest in the individual’s travel to the United States.
Limitations of Parole
- No Immigration Benefits: Parole does not, by itself, lead to any immigration benefits, such as lawful permanent resident (LPR) status. Parolees must either adjust to LPR status through another approved process, depart the U.S. before their parole expires, or request an extension. Those authorized parole based on a Department request for protection may apply for asylum or other protections in the United States, and if approved, may eventually adjust status to LPR, if qualified.
- Authorities do not use parole to bypass visa requirements, refugee processing, or adoption laws. It serves as a last resort for entry in exceptional cases.
- Parolees usually need to leave the United States before their authorized parole period ends. However, some individuals may receive permission to stay beyond that period. In these cases, individuals can request re-parole by filing Form I-131, or the U.S. government agency that initiated the original parole request can submit a re-parole request. USCIS and ICE review these requests on a case-by-case basis and grant approval only for a specific period, not indefinitely.
Applying for Parole
To apply for parole, individuals outside the United States must complete Form I-131, including a detailed explanation of the reasons for the request and any supporting documentation. In urgent cases, individuals can request expedited processing. Parolees must comply with all conditions and ensure they do not exceed the authorized period for travel or stay.
Final Thoughts on Humanitarian Parole Applications
Parole is an extraordinary option that provides temporary access to the United States for those with pressing humanitarian needs or significant public benefits. If you believe parole might be the right option for you or a loved one. In that case, it’s essential to work with an experienced immigration attorney to navigate the process and maximize your chances of a successful outcome.
If you have questions or need further assistance with parole applications or immigration concerns, please Law Offices of Osas Iyamu, LLC. Our team is here to help you understand your options and guide you through every step of the process.
