Humanitarian Parole
Author: New York Immigration lawyer Alena Shautsova
USCIS and CBP are authorized to parole into the US a person who is not qualified for a visa and does not have permanent residency for humanitarian reasons. An application for humanitarian parole has to be filed in the United States. Most often such a relief is used by parents of minor children who have to wait for a long time to immigrate to the US with their parents. Parole is also used for medical emergencies and for other humanitarian reasons or for significant public benefit. One of the reasons for parole can be participation in court hearings during criminal or civil proceedings.
Humanitarian parole is basically a permission to come to the US which is not a visa or a green card. It is a temporary authorization which can be given for the length of the emergency, typically it is given for a year or two. A person who is in the US and still has circumstances which require his/her continuous presence in the US, can ask for re-parole.
The filing procedure is outlined in the instructions to the form I 131. A person requesting the parole has to submit an affidavit of support form and evidence of the necessity for US entry. While a parole is a great opportunity to solve some urgent and difficult situations, it cannot be used to overcome visa or residency requirements. For that reason, every applicant has to provide an explanation as to why humanitarian parole is the best option for him/her.
When the case is approved by USCIS, a consulate overseas is informed and the beneficiary has to comply with the biometrics and/or security checks. A consulate would then issue a boarding foil which will allow the beneficiary to come to the US.
Examples of approved applications for parole include: approval for medical emergency; approval for a minor child of a permanent resident; approval for the TPS holder who neglected to travel on advance parole.
Resources on humanitarian parole:
http://www.uscis.gov/humanitarian/humanitarian-parole
http://www.uscis.gov/humanitarian/humanitarian-parole/questions-answers-humanitarian-parole
http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Humanitarian%20Parole%20Program.pdf