Call Us Now
Email Us Now
What Is Humanitarian Parole?
Humanitarian parole is a special provision under U.S. immigration law that allows individuals who are otherwise ineligible to enter the United States to do so temporarily due to a compelling emergency. Humanitarian parole does not grant a visa or permanent resident status. It is a temporary measure, typically granted for a period of time necessary to address the emergency situation.
This provision is on a case-by-case basis. The U.S. Citizenship and Immigration Services (USCIS) is tasked with assessing and approving applications for humanitarian parole. This procedure can be intricate and requires a comprehensive understanding of immigration law.
Who Can Apply for Humanitarian Parole?
Humanitarian parole is intended for people with pressing humanitarian concerns. For instance, those facing danger in their home country because of war or natural disasters could be eligible for this relief. Similarly, individuals with critical medical conditions that cannot be treated in their own nation might also qualify.
How Do I Apply for Humanitarian Parole?
You must fill out Form I-131, the Application for Travel Document, along with Form I-134, the Affidavit of Support. These forms require detailed information about your situation, including the reasons why you are seeking parole and evidence to support your claims. You must also pay the required filing fees.
Once you have completed the forms and paid the necessary fees, you can submit your application to the USCIS. Provide as much evidence as possible to support your case. This could include medical records, police reports, or letters from professionals familiar with your situation.
What Happens After I Submit My Application?
After you submit your application, the USCIS will review your case. This process can take several months, so it’s important to apply as soon as you know you need to seek humanitarian parole.
If your application is approved, you will receive a parole document that allows you to travel to the United States. You must arrive in the U.S. before the expiration date on the document. Once in the U.S., you are expected to leave the country before your parole period ends, unless you have applied and been approved for re-parole.
If your application is rejected, you will be notified with details about the reasons for the rejection. You have the option to appeal the decision within 33 days of receiving the notice.
What Are the Risks of Applying for Humanitarian Parole?
First, there is no guarantee that your application will be approved. USCIS assesses each application individually. If your application is denied, you may be left in a precarious situation, particularly if you are in immediate danger in your home country.
Second, even if your application is approved, humanitarian parole is a temporary measure. It does not grant a visa or permanent resident status. You are expected to leave the U.S. before your parole period expires, unless you have been granted re-parole.
Finally, violating the conditions of your parole, like staying beyond the permitted time or working without permission, can lead to severe repercussions, such as deportation and being barred from re-entering the United States.
When pursuing humanitarian parole, consult an experienced attorney. They can clarify the possible benefits and risks, guide you through the application process, and protect your rights.
What Are the Common Reasons for Humanitarian Parole Denials?
One common reason for the denial of a humanitarian parole application is the absence of enough evidence to support the claim. This could suggest that the applicant did not provide sufficient proof of the pressing humanitarian need or the significant public benefit.
Another common reason for denial is that the applicant did not demonstrate that they are otherwise inadmissible to the United States. For instance, if the applicant has a criminal record or has previously violated U.S. immigration laws, their application may be denied.
Lastly, the USCIS may deny an application if they believe that the applicant intends to stay in the U.S. permanently. Remember, humanitarian parole is a temporary provision. It does not grant a visa or permanent resident status.
Can I Extend My Stay in the U.S. Under Humanitarian Parole?
Yes, it is possible to extend your stay in the U.S. under humanitarian parole, but it is not guaranteed. This is known as re-parole. To apply for re-parole, you must submit a new Form I-131, Application for Travel Document, along with the required filing fee, before your current parole period expires.
The USCIS will review your re-parole application and make a decision based on your individual circumstances. If granted approval, you will be permitted to remain in the U.S. for an extended duration. If denied, you are expected to leave the U.S. before your current parole period ends.
What Are the Responsibilities of a Sponsor in a Humanitarian Parole Case?
A sponsor plays a crucial role in a humanitarian parole case. The sponsor, who must be a U.S. citizen or lawful permanent resident, will provide financial support to the parolee during their stay in the United States. This is to ensure that the parolee does not become a public charge.
The sponsor must complete Form I-134, Affidavit of Support, to demonstrate their financial ability to support the parolee. This form requires detailed financial information, including income, assets, and liabilities. The sponsor must also provide evidence of their financial resources, such as tax returns, bank statements, and employment verification.
Besides providing financial assistance, the sponsor must also ensure the parolee adheres to their parole conditions. This involves departing the U.S. before the parole period ends, unless re-parole has been granted.
If you or a loved one are considering applying for humanitarian parole, call Metcalf & Associates, P.C. today at 224-328-1900 for a free telephone consultation.
