The Humanitarian Parole (or Entry) Program
The Humanitarian Parole Program is administered by the Office of Humanitarian Affairs (HAB) of the International Operations Branch. Overview of the Authority to Grant Humanitarian Parole Legal Authorities
- The Parole is governed by numerous public laws and national politics, such as:
- Section 212(d)(5) of the Immigration and Nationality Act, Title 8, United States Code, Section 1182(d)(5): provides authority to the Attorney General to grant aliens applying for it, a Parole to the United States.
- Sections 402 and 421 of the Homeland Security Act of 2002, PL 107-29: Transfers authority in immigration matters, including parole, to the Secretary of DHS (Department of Homeland Security), and
- Title 8, Code of Federal Regulations, Section 212.5: contains rules for the parole of aliens to the United States.
- The Parole is a discretionary authority that allows the temporary entry of persons into the United States for urgent humanitarian reasons or for significant public benefit.
- The Parole does not constitute an admission to the United States.
- The Parole does not convey any benefit to the beneficiary.
What is the Humanitarian Parole?
- The Humanitarian Parole is an extraordinary measure rarely used to bring an alien who is inadmissible to the United States for a temporary period of time due to a major emergency.
- The Humanitarian Parole cannot be used to circumvent normal visa issuance procedures, avoid visa issuance delays, or to immigrate to the United States.
- It is possible that a person who received a Humanitarian Parole can conform to a permanent parole status (e.g., a person with Humanitarian Parole may be granted asylum, beneficiary of a petition by a relative, Parole through the Cuban Adjustment Act, etc.)
Who can apply for humanitarian parole?
- Anyone can apply on behalf of a person who is outside the United States and has an urgent need to enter the country.
- Individuals can also make a “self-petition” for a Humanitarian Parole if they are outside the United States.
Common Types of Parole Applications
- • Reasons for parole include, but are not limited to the following:
- Doctor
- Family Reunification (adults and children)
- Civil and Criminal Procedures of the Court
- Other Emerging Requests
The Officers in charge of this program give priority to Humanitarian Parole applications received with the intention of providing immediate processing in accordance with the following criteria:
- A medical emergency in danger of death
- Family reunification
- Children under 16 years of age
- Individuals physically and/or with mental problems
Jurisdiction USCIS, ICE, and CBP exercise concurrent authority over the Humanitarian Parole Program;
- USCIS (U.S. Citizenship and Immigration Services (HAB) authorizes the Humanitarian Parole for aliens outside the United States for many reasons, including humanitarian.
- ICE (Immigration Customs Enforcement) authorizes the Humanitarian Parole to aliens outside the United States for many reasons, including intelligence and law enforcement purposes, as well as to release detained aliens.
- CBP (U.S. Custom and Border Protection) authorizes the Humanitarian Strike at U.S. ports of entry, including pre-flight inspection facilities.
Forms and Documentation
- Form I-131, Travel Document Application (mandatory for all applications.)
- The non-refundable fee of $305.00. This cost cannot be avoided with a fee waiver.
- A detailed and to the point, but complete statement of the facts that justify the request of the Humanitarian Strike.
- Birth, marriage or death certificates (Whichever applies.)
- Official identification for the beneficiary (e.g. copy of passport.)
- Proof of the petitioner’s immigration status in the United States.
- Divorce decrees (if applicable.)
- Decrees Guardianship / Adoption.
- Other documentation relevant to the case.
- Form I-134 (Affidavit), Affidavit of Sponsorship with:
- Tax Returns for the previous two years.
- Proof of current employment.
- Medical insurance coverage (applicable to medical cases.)
- Proof of immigration status (if sponsor is different from Petitioner.)
- Form I-134 must be signed and dated.
Humanitarian Permit for Medical Reasons If you need a Humanitarian Permit for medical reasons, you must submit the following documents along with the appropriate supporting documentation if available from:
- An explanation from a certified physician indicating both the diagnosis and prognosis, as well as how long the treatment is expected to last.
- Information about the reasons why you cannot get treatment in your home country or in a neighbouring country.
- The estimated cost of the treatment and an explanation of how it will be paid for
- How you will assume or pay the costs to return to your country.
Humanitarian Permit for Children with Medical Needs
- A Conditional Permit for children, even for medical reasons, requires the consent of a parent or legal guardian.
Adjudications Decisions
- If the Humanitarian Strike application is approved, HAB will notify the applicant and any registered representative (attorney).
- HAB will then coordinate with USCIS officers abroad or the U.S. Embassy or Consulate for the issuance of appropriate travel documents.
- If the Humanitarian Parole application is rejected, HAB will notify the applicant and any registered representatives.
DENIAL OF HUMANITARIAN PERMISSION There is no appeal for the denial of a Humanitarian Permit. However, in the event that there are new and relevant circumstances to your application, you may submit documents with the corresponding supporting evidence by following the procedure for submitting the Humanitarian Permit Application described above. Re- Paroles
- There is no process in the regulations to “extend” a Humanitarian Parole for a person who is present in the U.S. The Humanitarian Parole ends and expires on the expiration date of the Humanitarian Parole period or when the foreigner with the Humanitarian Parole leaves the U.S. if this occurs before the expiration of the Humanitarian Parole.
- HAB has the authority to give a Humanitarian Parole again (Re-Parole) to a foreigner if the initial authorization of Humanitarian Parole was issued by the HAB.
- The Re-Parole application requires the submission of a completed Humanitarian Parole application package (including a non-refundable fee of $305.00) containing information supporting the need for a Re-Parole.
Conclusion
- Over the years, only about 25% of the applications received have been approved. We generally receive approximately 1,200 applications per year.
- Please remember that the Humanitarian Parole cannot be used to circumvent normal immigration procedures and is not a means of avoiding the normal delays of issuing a visa. Therefore, the Humanitarian Parole is not recommended to individuals unless all other routes of entry into the United States have been exhausted.
- The process to obtain a Humanitarian Parole is a complicated one that must be done with the help of an Attorney experienced in this type of transmission to improve the chances of approval.
- Instructions about the application including downloadable forms can be found in http://www.uscis.gov/es/programas-humanitarios/permiso-humanitario .
