Author: US Immigration lawyer Alena Shautsova
US Immigration lawyer Alena Shautsova helps clients to find solutions for their US Immigration challenges. A humanitarian parole can be used to bring the US an individual who otherwise does not qualify or cannot receive a visa. The humanitarian parole program is being administrated by the Humanitarian Affairs Brunch Office of International Operations (HAB). The following laws provide legal basis for the humanitarian parole:
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 parole aliens into the United States
Sections 402 and 421 of the Homeland Security Act of 2002, P.L. 107-29: transfers authority for immigration matters, including parole, to the Secretary of DHS; and
Title 8, Code of Federal Regulations, Section 212.5: provides regulations for the parole of aliens into the United States.
Recently, US Secretary of Homeland Security Alejandro Mayorkas authorized humanitarian parole program for Afghan nationals, on a case by case basis, authorizing parole for vetted individuals for 2 years. CDC also announced a blanket humanitarian exemption to the requirement for a negative pre-departure COVID-19 test for evacuees from Afghanistan. The exemption went into effect on 8/15/21. (86 FR 49536, 9/3/21).
As such, qualified individuals can submit their applications for humanitarian parole under INA 212(d)(5). Humanitarian parole may be available to other nationals as well. In fact these are the reasons when it is appropriate: –Medical
- Family Reunification (adults and children)
- Civil and Criminal Court Proceedings
- Other Emergent Requests.
To apply for the humanitarian parole, an applicant or someone who acts on his/her behalf has to submit a form I 131 with USCIS, pay appropriate fees and submit the required documents: birth, marriage certificates, documents proving nationality and emergency where appropriate; a statement explaining the basis for the application. A form I 134 (affidavit of support) shall be submitted as well with attachments. One shall also submit copies of any decisions USCIS made for the beneficiary previously, or copies of any applications for the beneficiary that were submitted to USCIS/consulate; an explanation why a waiver is not available, identity documents of the applicant or sponsor, HAB has the authority to Re-Parole an alien if the initial parole authorization was issued by the HAB. A request for Re-Parole requires the filing of a complete parole application package.
A request for medical humanitarian parole has to be accompanied with proof that a similar medical treatment is n ot available in the beneficiary’s country. A a participation in a novel medical study conducted in the US only may be a good reason for humanitarian parole request.
A family unity parole request may be submitted for various reasons: to assist someone who is at the end of their life cycle or struggling for their life, or to unite with someone in the US who lives there permanently but long visa wait times prevent re-unification (this option is mostly reserved for children or adults with special needs). Note: if an individual is inadmissible due to unlawful presence or failure to attend removal proceedings, and such an individual paroles into the US, the time (3/10 or 5 years) of such bars will continue to run when the person is in the United States. But if a person was inadmissible due to a permanent bar, the time spent in the US after parole will not count towards the 10 year- permanent bar, and a new 10 year period will have to be commenced upon beneficiary’s departure from the US. For family based parole requests, applicants must show evidence of unavailability of the waivers, submission of waivers or denial of waivers.
If you need help with the humanitarian parole applications, please contact our office for an appointment at 917 885 2261 or book it online.