Humanitarian Parole
These typically include people who require emergency medical attention, pregnant women, those who are serving as witnesses in court proceedings, victims of torture or rape, and those who are applying for asylum who have passed a credible fear interview.
Find out if you meet the requirements for humanitarian parole, why legal assistance matters, and how to start the application process below.
If you or a family member need to apply for urgent humanitarian parole, book a virtual consultation with Martinez Immigration today.
What Is Humanitarian Parole?
There are times when people living in the United States need support or assistance from their family members residing outside the country. In some cases, work, court proceedings, and other circumstances require foreign-born individuals to enter the U.S. temporarily.
Humanitarian parole provides temporary entry to the U.S. for urgent humanitarian reasons, or significant public benefit.
Yet even with a strong case, it’s difficult to get approved for temporary entry for humanitarian reasons or public benefit. The USCIS has significant discretion when it comes to deciding who receives humanitarian prole. And it is not granted frequently.
One way to improve your chance of a good outcome is to work with a skilled lawyer, like Kathleen Martinez, who specializes in immigration law services. She has the experience and skill to present a persuasive argument for why entry to the U.S. makes sense.
Book a virtual consultation with us today to get started.
Tips to Remember When Filing a Request for Humanitarian Parole
When you file a request for humanitarian parole, you must:
- Prove your identity through government-provided documents or affidavits confirming your identity from people who know you.
- Prove you are not a flight risk by listing the reasons the government can trust you to appear in forthcoming court hearings. These reasons can include family or community ties, your employment history, and a recounting of the time you’ve spent in the United States, among others.
- List the reasons you will not pose a risk to the community. These can include the lack of a criminal record, an evaluation from a mental health expert, or an affidavit from someone who knows you well.
- List the exact reasons why humanitarian parole is necessary in this case. These range from the deeply personal (medical conditions) to wider-ranging things like serving as a witness in court or your position in your community.
Examples of Urgent “Humanitarian Reasons”
There are no clear guidelines on what constitutes a humanitarian emergency. The USCIS evaluates humanitarian parole applications on a case-by-case basis. They determine if the matter is truly urgent, how the circumstances impact the individual’s well-being, and if suffering may occur if parole is denied.
Humanitarian reasons for parole requests include:
- Emergency medical attention
- Donating one’s organs
- Visiting a loved one who is likely to pass away soon
- A family member’s funeral and/or settling their affairs
- Applying for asylum (for those who have already passed a credible fear interview)
Humanitarian parole may also be granted for reasons that benefit the public, including:
- Testifying in court proceedings
- National security matters
- Medical treatments that may benefit U.S. citizens
Contact us today to learn more!
How to Apply for Humanitarian Parole
If your reason for entering the U.S. is described above, you are off to a good start. Because humanitarian parole is granted so infrequently, it’s best to contact an immigration lawyer for assistance with your application.
1. File the Parole Request
The first step is to read and complete Form I-131, Application for Travel Document which is used to apply for various travel documents including humanitarian parole and traveling outside the U.S. as a permanent resident.
Next, read and complete Form I-134, Affidavit of Support which is a pledge to provide financial support for temporary visitors for the length of their stay in the U.S. Submit your completed forms along with any supporting documentation and evidence, and pay the filing fee for each individual parole applicant.
2. Confirmation and Next Steps
After your application for humanitarian parole is submitted, you can create a USCIS account to check it’s progress. You should receive confirmation that the agency received your forms.
At this point, you may receive a request to submit biometrics (fingerprints, etc.) and a notice to appear for an interview. Interviews are not required for every applicant. Some applicants receive a decision without an interview.
3. Decision
A decision is made. If your request is approved, you will receive an approval letter along with instructions for the necessary travel documents to enter the country.
If your request is denied, you cannot appeal it, unfortunately. However, you can file a new parole request with additional facts and documentation improves the strength of your case.
Book a virtual consultation with us today to get started.
4. Obtain Travel Documents
As the beneficiary of humanitarian parole, you must complete Form DS-160: Online Nonimmigrant Visa Application and visit the Department of State consular department. Biometrics may be taken at this time.
Once everything is in place, the U.S. Consulate issues a boarding foil that gives the recipient permission to travel to the U.S. within a 30-day window.
5. Enter the U.S. Under Humanitarian Parole
After you receive your parole documents, you can enter the U.S. A Customs and Border Protection (CBP) officer will meet you at the point of entry to review your documents and give you an I-94, Arrival/Departure Record.
Humanitarian Reinstatement
If the individual who petitions for humanitarian parole passes away while it’s in effect, USCIS automatically revokes that petition. That can leave the beneficiary feeling frightened, overwhelmed, and unsure about what to do next. And these feelings only add to the grief they feel over the loss of their loved one.
Fortunately, relief may be available in the form of humanitarian reinstatement. The Attorney General has the authority to reinstate a family-based visa. But this is not an automatic process. The beneficiary must locate a substitute sponsor, provide supporting documentation, and submit a formal request for humanitarian reinstatement.
Martinez Immigration can help alleviate your burden and guide you through this process.
Contact us today to learn more!
Humanitarian Reinstatement Eligibility
To request humanitarian reinstatement, you must be the principal beneficiary of an approved Form I-130, Petition for Alien Relative. Also, your petitioner must be deceased. You must find a Substitute Sponsor and they must complete a new Form I-134, Affidavit of Support.
Eligible substitute sponsors are:
- At least 18 years of age
- A U.S. citizen, national, or lawful permanent resident
- A spouse, parent, sibling, child, in-law parent or child, grandparent, grandchild, or legal guardian
Humanitarian reinstatement is granted on a discretionary basis. Pros are weighed against the cons to determine if a beneficiary should remain in the country.
A complete and accurate application, along with compelling supporting documentation, should improve your chance of a good result.
Learn How Martinez Immigration Can Help
First, this avenue of entry to the U.S. is not to be used to evade the regular procedures associated with standard immigration processes, including visa processing. Also, the time frame for humanitarian parole is assigned based on your unique circumstances and how long they are expected to last.
USCIS requires you to depart from the country prior to the expiration date on your Form I-94, Arrival / Departure Record. If you need to extend your stay, you must file for re-parole. Always contact your humanitarian parole lawyer with questions about the guidelines of your parole.
At Martinez Immigration, our goal has always been to reunify families—especially in times of need. If you or someone you love needs to get to the U.S. for humanitarian reasons, we can help. Call or connect to schedule a virtual case consultation. We assist clients across the nation.
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