Humanitarian Parole

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. 

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 human 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 courts 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 in entering the United States!

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.

To be admitted to the EB-1C immigration visa, you must satisfy specific qualifications, just like any other immigrant visa. The requirements that you and your petitioning employer must fulfill are as follows:

As the petitioner,

• Both the foreign employer and the petitioning U.S. employer must have a qualifying relationship. The petitioning employer must be an affiliate, parent, or subsidiary of the foreign employer’s company or other legal entity.
• The U.S. employer must have been in business for at least one year.

As a beneficiary,

• One must have worked outside the country for at least one year in the three years before the petition.
• A permanent work offer in the United States is required. The job must be in an executive or managerial capacity.

Definition of manager and executive

A manager does the following:

• Is in charge of managing the organization or a specific department, division, function, or even a component;
• Can supervise and manage the work of other supervisory, professional, or management staff;
• Works at a senior level and has the authority to employ and fire subordinates;
• Has the power to make decisions on the day-to-day operations of the organization’s activities or functions that the manager oversees.

On the other hand, an executive does the following:

• Can direct the management or a significant part or operation of the organization;
• Is capable of establishing the organization, component, or function goals and policies;
• Is granted autonomy or discretionary power in decision-making;
• Only receives orders or general supervision from higher-level executives (e.g., board of directions, stockholders)

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.

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 if your parole request 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.

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. Contact us today to schedule a consultation!