Eatontown Humanitarian Parole Lawyer
When something unexpected happens to a friend or loved one in the United States, naturally, you want to be there to attend to the situation physically. But, what if you are inadmissible to apply for any visa category? Such is when humanitarian parole comes into play.
A person who wishes to enter the US for humanitarian or significant public benefit reasons is allowed permission to do so for a limited time.
In this article, we will tackle:
- What exactly is humanitarian parole?
- Who is eligible?
- What are the procedures for obtaining humanitarian parole?
If you think you qualify for humanitarian parole, contact our expert New Jersey immigration lawyer to provide you with competent legal service and discuss your case. Schedule a free consultation with us today! We will let you know if and how we can help you.
Why do I need a Humanitarian Parole Attorney?
Obtaining humanitarian parole may appear simple, but the challenge is showing the acceptability of the reason. One must demonstrate that the motive is either humanitarian or significant public benefit reasons.
Owing to the fact that there is no immigration law definition of what constitutes a humanitarian reason or a significant public benefit reason, the USICS makes decisions on a case-by-case basis.
This is where the assistance of Andres Mejer Law, a New Jersey law office, comes into play. As humanitarian parole attorneys and immigration lawyers who have been practicing law for many years, we have built strong skill sets and expertise to assist our clients. Thus, we have been successful in building strong immigration cases for our clients.
On top of that, we have extensive knowledge of appearing in immigration court and dealing with various immigration cases. Our practice areas include areas such as but are not limited to:
- Stop deportation;
- Family immigration;
- Employment-based immigration;
- Family law; and
- Criminal cases.
There is no need for you to bear the weight alone. Allow us to assist you with comprehensive legal advice in entering the United States!
What is Humanitarian Parole?
Humanitarian parole is an avenue for a foreign national to legally enter the US for emergency circumstances or urgent humanitarian reason and stay for a certain period. This is typically used by individuals who cannot get any type of visa or is inadmissible for a reason to enter the country.
The United States Citizenship and Immigration Services (USCIS) is the agency that grants parole. The USCIS will determine the period of stay for the purpose of getting parole.
Meanwhile, you can apply for humanitarian parole, but this will not result in a green card, US citizenship, or work authorization in the US. On a brighter note, however, having humanitarian parole implies you have been lawfully admitted to the United States, which can be beneficial for you for a variety of purposes.
Who can Apply for a Humanitarian Parole?
Anyone could apply as long as they follow the humanitarian parole eligibility requirement. A petitioner may file a petition on their own or on behalf of another person (referred to as the beneficiary). Note that the petitioner does not have to be connected to the beneficiary. They also do not need to be residing in the US.
For the beneficiary’s parole case, the USCIS will consider the beneficiary’s financial situation. They will decide if the beneficiary will be able to support themselves while in the United States. However, an individual or entity may step in as a sponsor for the beneficiary.
Your sponsor must provide documents or evidence proving that they can provide financial support to the beneficiary. They must submit Form I-134, Affidavit of Support, and the evidence (refer to this list for accepted proof) to the USCIS.
Please remember that if the beneficiary shoulders the expenses, they must still submit the same form as the sponsor must submit to prove financial capacity.
Eligibility for Humanitarian Parole
To acquire humanitarian parole, individuals must meet the criterion that their entry into the country is for urgent humanitarian or significant public benefit reasons.
Remember that your primary job is to demonstrate that your reason justifies humanitarian parole.
That means that you must be compelling in writing and explaining the reason/s why you need humanitarian parole. In any instance, the assistance of an experienced immigration attorney can guarantee that your case will be strong.
How do you define urgent “humanitarian reasons”?
In weighing humanitarian reasons, the USCIS considers three factors, including
- Whether or if the situation is urgent;
- The effect of the circumstances on the individual’s welfare and well-being;
- Whether or not there may be a degree of suffering if USCIS did not grant the parole.
Here are some reasons for parole requests:
- Medical attention
- Donating one’s organs
- For urgent humanitarian reasons, reuniting with a family member in the US.
- Providing care or support to a seriously ill family member in the US.
- Attending a funeral or settling a deceased relative’s affairs
What does “significant public benefit” refer to?
Similar to “humanitarian reasons”, no immigration law defines the phrase “significant public benefit”.
However, as the name suggests, the reason must bring public benefit to the US. These include participation in legal proceedings, national security, and medical care that could benefit the citizens of the US, law enforcement, and so on.
Steps in Obtaining a Humanitarian Parole
Step 1: File the Parole Request with the supporting documents.
To get your request started, gather all appropriate paperwork and supporting documents. After filling out and gathering the needed documents, you will have to mail them to the appropriate USCIS Lockbox. Also, don’t forget to pay the filing fee. You can calculate these using USCIS’s fee calculator site.
Once USCIS receives the mailed documents, you should receive a receipt notice confirming the receipt of your application.
The USCIS will refer the request to the USCIS Humanitarian Affairs Branch for Jurisdiction and Urgency (Triage). The HAB will first assess your parole request to see if there is a need for expedited processing.
If the request falls outside of HAB’s jurisdiction, the USCIS will have to forward it to ICE or any USCIS component having jurisdiction over the request.
Step 2: You will be notified of their decision.
After a USCIS officer makes a decision on your case and it is reviewed by the supervisor, you will be notified of your parole request status – whether it was denied or approved.
If the request is approved, you will receive an approval letter with instructions for acquiring the travel documents, which you will need to enter the country later.
If the request is denied, USCIS will send a denial letter to you. Unfortunately, you will not be able to file an appeal, but you can file your parole request again if there are new facts that would bolster your request.
Step 3: Securing Travel Documents
If your parole request is granted, you must secure your travel documents. As the beneficiary, you must complete Form DS-160, Application for a Nonimmigrant Visa, and attend the Department of State consular department in person. They will then take your biometrics during the appointment.
When everything is in place, the U. S. Consulate issues a document known as a boarding foil, which authorizes the recipient to travel to the United States within 30 days after its issuance. Keep in mind that a boarding foil does not yet ensure parole.
Step 4: Entering the United States under Humanitarian Parole
You can now enter the US after receiving your parole paperwork. At the point of entry, a CBP or Customs and Border Protection officer will be there to review your documents. Once the CBP officer determines that everything is in order, you will be given an I-94, Arrival/Departure Record.
Let our Humanitarian Parole Attorneys Provide you with Quality Service Now!
If you are still unsure whether you fit the criteria after reading the information about humanitarian parole applications, let us review your case for you. Our years studying immigration law and law practice made us more suitable for providing you with competent legal service.
In addition, our law firm dedicates itself to the betterment of our clients. We can assist you in obtaining a green card through another immigrant visa category or obtaining US citizenship. Whatever immigration business you have, we will make time to help you through our legal services. Contact us today to schedule a consultation!