Humanitarian Parole Process
Parole enables the temporary entry of an individual into the United States, even if they are considered inadmissible or otherwise ineligible for admission. The Secretary of Homeland Security has the authority to exercise their discretion and grant parole to individuals seeking temporary admission to the United States for compelling humanitarian reasons or to serve a significant public benefit. Each applicant has to show urgency by providing a valid reason for needing to be in the United States that requires immediate or time-sensitive action. This can include urgent medical treatment or the need to visit, assist, or care for a family member in the final stages of a serious illness or disease.
However, parole does not grant immigrant visa status, nor is it equivalent to obtaining lawful permanent resident status. It is a temporary status that permits individuals to stay legally in the United States for a specified parole period and apply for discretionary employment authorization as long as it is consistent with the purpose and timeframe of the granted parole.
If approved, USCIS decides the length of parole. While parole typically spans a maximum of one year, exceptions can be considered depending on the specific purpose for which parole is sought. In certain instances, USCIS may impose conditions on parole, including reporting requirements. If USCIS determines that parole is no longer justified or a parolee fails to adhere to parole conditions, USCIS retains the authority to revoke parole without prior notice.
One important factor USCIS will consider in making a parole determination is whether parole applicants will have a means of financial support while they are in the United States. The absence of such evidence of financial support is a significant negative factor that could result in the denial of a parole request. While there is no specific rule about the immigration status of the financial supporter in the United States, someone with a more stable status, such as a lawful permanent resident or a U.S. citizen, may find it easier to prove their ability to support the beneficiary in the United States.
Parole ends when the date of the parole period expires, it is canceled, the parolee leaves the United States, or they get a new immigration status, whichever happens first. Even though parole is usually for a short time, sometimes a person needs to stay in the United States longer than what was initially permitted. In those cases, the individual can request an extension of the parole or a change in status while they are already in the United States.
If you are not sure if you or your loved ones are eligible to apply for the parole or you are in need of more information about your immigration case, you may want to consult an immigration attorney. The attorneys at Tanner Law Offices can assist you with your case process or need more information. Please contact our office at 717-731-8114 to schedule a consultation to discuss your case.