Humanitarian Parole

The Humanitarian or Significant Public Benefit Parole (HSB) program is a special initiative by the United States government that provides a pathway for individuals outside the United States to come to the country on a temporary basis. This parole status is granted for compelling humanitarian reasons or significant public benefit and is not intended as a path to lawful permanent residency or citizenship.

Who Can Apply for Parole?

You may request parole for yourself or on behalf of another individual, by filing Form I-131, Application for Travel Document. A petitioner is an individual or entity who is filing Form I-131 on behalf of an individual outside the United States. You may also self-petition for parole. A petitioner does not have to be a resident of the United States or related to the beneficiary.

USCIS requires evidence that the parolee has or will have sufficient funds in place to adequately support him or her once in the United States. Such funds can come from either a third-party sponsor, the parolee him- or herself, or an organization.

Third-party sponsor

The financial sponsor does not have to be the same person or entity as the person who files the petition. Each sponsor must submit a Form I-134, Affidavit of Support to show they have the financial resources to support the beneficiary during his or her stay in the United States. The sponsor does not need to be a U.S. citizen or have a green card. Self-sponsorship

A beneficiary may demonstrate that he or she is financially self-sufficient by submitting a Form I-134 for themself with supporting financial documentation.

Sponsorship by an organization

A non-profit organization or medical institution may serve as a sponsor on a parole application. An authorized employee of the organization should complete Form I-134. If no employee is able to do so, the petitioner should instead provide a letter from the organization committing to support the beneficiary.

Eligibility for Parole

A USCIS officer considers each request and the evidence provided on a case-by-case basis, taking into account all of the circumstances. The burden of proof is on the petitioner to establish that they should authorize parole. USCIS will authorize parole only if they conclude, based on all the evidence the petitioner submits and any other relevant evidence available to USCIS, that:

• There are urgent humanitarian or significant public benefit reasons for the beneficiary to be in the United States; and
• The beneficiary merits a favorable exercise of discretion.

Urgent Humanitarian Reasons

There is no statutory or regulatory definition of “urgent humanitarian reasons.” USCIS officers look at all of the circumstances, taking into account factors such as (but not limited to):

• Whether or not the circumstances are pressing.
• The effect of the circumstances on the individual’s welfare and well-being; and
• The degree of suffering that may result if parole is not authorized. An applicant may demonstrate urgency by establishing a reason to be in the United States that calls for immediate or other time-sensitive action, including (but not limited to) critical medical treatment, or the need to visit, assist or support a family member who is at an end-of-life stage of an illness or disease.

The factors considered in determining urgent humanitarian reasons depend on the type of parole request.

Significant Public Benefit

There is no statutory or regulatory definition of “significant public benefit.” Parole based on significant public benefit includes, but is not limited to, law enforcement and national security reasons or foreign or domestic policy considerations. USCIS officers look at all of the circumstances presented in the case.

Determining Who Is Authorized for Parole

USCIS exercises its discretion on a case-by-case basis, by evaluating positive factors in the record against any negative factors. Having an urgent humanitarian reason or a significant public benefit is a positive determining factor, and it is evaluated against any negative factors present in a case.

Some common discretionary factors that USCIS evaluates include (but are not limited to):

• Whether the purpose of the parole request may be accomplished within a specific, temporary period of time.
• Whether the beneficiary intends to leave the United States when their parole expires or has means to obtain lawful immigration status during the parole authorization period or any re-parole period that is envisioned (where applicable).
• Whether there is evidence of any national security concerns.
• Whether there is evidence of any criminal history or previous immigration violations.
• Whether there is evidence of any previous participation in fraud.
• Whether the beneficiary’s presence would benefit a U.S. citizen or lawful permanent resident or community in the United States.
• Whether the beneficiary will have sufficient financial support while in the United States.
• Evidence of the beneficiary’s character.
• The effect of the beneficiary’s presence on a community in the United States; and
• Whether there are other means, other than parole, that are available to the beneficiary so they can travel to and remain in the United States for the stated parole purpose, such as the ability or inability to obtain a visa.

No single factor will determine the outcome of the case. Each decision is based on all of the circumstances present in a case.

The Approval Process

There are few basic steps to getting humanitarian parole:

1. The applicant files the I-131 application with fee (or fee waiver request) and supporting documents.
2. The agency reviews the request for jurisdiction and urgency.
3. An officer vets the application and makes an initial decision.
4. A supervisor reviews the decision; and
5. The agency notifies the petitioner if the application is approved or denied.

6. Issuance of Travel Documents (Conditional Approvals Only)

   If USCIS conditionally approves a request, the conditional approval notice will inform the petitioner that the beneficiary must complete a Form DS-160, Application for a Nonimmigrant Visa, and appear for an appointment with the Department of State consular section at a U.S. embassy or consulate to verify their identity and collect biometrics for additional security vetting. All beneficiaries 14 years and older must provide biometrics. If no derogatory (negative) information or new identity information is found during vetting, the consular section issues a document referred to as a boarding foil that allows the beneficiary to travel to the United States within 30 days of it being issued. Issuance of a boarding foil does not guarantee parole, but it allows the beneficiary to proceed to Step 7 below.

7. U.S. Customs and Border Protection (CBP) Paroles the Beneficiary into the United States (Conditional Approvals Only)

   A CBP officer inspects the beneficiary at the port of entry. If CBP authorizes parole for the beneficiary, CBP will issue the parolee a Form I-94, Arrival/Departure Record, documenting the length of their parole period. The parole period begins when CBP paroles the beneficiary at the port of entry. After arriving in the United States, the parolee may request employment authorization by filing Form I-765.

How to Apply

To request parole, you must:

• Complete a Form I-131 and, for each parole beneficiary, include the filing fee or Form I-912, Request for Fee Waiver, or a written request for fee waiver.
• Complete a Form I-134 for each beneficiary to show how each beneficiary will be financially supported in the United States.

If there is more than 1 financial supporter, each financial supporter must submit a Form I-134. Include a detailed explanation, as well as supporting documentation, of the reasons parole is being requested for the beneficiary.

Submitting Evidence

The petitioner must show, through the parole request and supporting evidence, that the beneficiary qualifies for parole and merits a favorable exercise of discretion. Submitting all relevant supporting evidence will avoid delays. A USCIS officer may issue a Request for Evidence (RFE) to seek additional information. In addition to Form I-131, Form I-134, and the filing fee or request for fee waiver, the petitioner should submit the following evidence to support their parole request:

1. A detailed explanation of the reasons why the petitioner is requesting parole.
2. A detailed explanation of the length of time for which the beneficiary needs parole.
3. A detailed explanation of why the beneficiary cannot obtain a U.S. nonimmigrant or immigrant visa from the U.S. Department of State, including:
   • When and where the beneficiary attempted to obtain visas, if applicable.
   • If a visa application was denied, a copy of the denial letter; and
   • If applicable, a detailed explanation of the reasons why the beneficiary cannot obtain any required waiver of inadmissibility and a copy of any denial letter received.
4. Copies of any previously filed immigrant petitions (Form I-130, Form I-140, Form I-360, etc.) or nonimmigrant petitions filed by or for the beneficiary, if available.
5. Copies of any documents that support the request, including a clear and legible copy of a government-issued identification that indicates the beneficiary’s citizenship.
6. A copy of the front and back of the original birth certificate if a birth certificate is provided; and
7. Copies of a U.S. passport, Permanent Resident Card (Green Card), birth certificate or other evidence of valid U.S. immigration status or citizenship for the petitioner and financial supporter, where applicable.

Leaving the United States

A parole document provided to an individual outside the United States is valid to be presented only one time for parole at the port of entry. If the individual leaves the United States, their parole will end when they depart. He or she must obtain another grant of parole or other permission to re-enter.

Benefits of the Parole Program

• Temporary Stay: Successful applicants will be granted parole status, allowing them to temporarily reside in the United States for the approved duration.
• Access to Resources: Parolees will have access to essential resources and support during their stay in the United States.
• Work Authorization: Parolees may be eligible to apply for work authorization to seek lawful employment during their stay.
• Family Unity: In certain cases, parole may be granted to reunite family members separated by international borders due to compelling humanitarian reasons.

Disclaimer: Immigration laws and policies can change, affecting the availability and requirements of the immigration processes mentioned above. Always seek legal advice or consult official U.S. government sources to understand the latest regulations and options available to individuals.