In the conditions of globalization, various unexpected complicated situations or emergencies can arise, regarding which foreign individuals may need to come to the United States. When emergency situations arise, the US government actively offers Humanitarian Parole as a viable solution, enabling individuals to enter the United States when urgent assistance is needed. This compassionate measure bypasses traditional channels like visitor visas, providing a swift and crucial lifeline in times of crisis.
What Is Humanitarian Parole
Humanitarian Parole refers to a legal provision in the United States, a form of relief given to immigrants on humanitarian grounds by the USCIS. The US government actively provides a legal pathway for individuals from foreign countries to enter the country on humanitarian grounds, allowing them to reside within its territorial waters. This relief also enables the government to grant entry to foreigners whose presence in the country would significantly benefit the nation, actively recognizing and leveraging their valuable contributions.
The US government actively grants humanitarian parole to individuals with urgent needs, allowing them entry and residence despite not meeting traditional eligibility requirements. This legal process prioritizes humanitarian concerns over standard immigration qualifications, providing a lifeline to those in critical situations. It is merely a limited permission that permits the holder to enter the country for a particular time and for a special reason, which can be due to some disturbance, catastrophe, or other emergency.
When to Consider Humanitarian Parole
Humanitarian parole is a convenient option for an individual with some complications with immigration rules or regulations that cause him/her to be denied entry into the United States under a normal visitor’s visa. This can be due to criminal backgrounds or other reasons that might bar them from getting a normal visa to the United States or Canada.
When necessary, individuals actively pursue humanitarian parole as a viable option. Although temporary visitor visas may not be the preferred choice to avoid inadmissibility, it’s still important to proactively review the requirements as a potential first step. By taking the initiative to explore all options, individuals can make informed decisions about their immigration path.
Eligibility for Humanitarian Parole
The criteria used to apply for humanitarian parole are strictly reviewed; therefore, this mode of entry into the USA is limited. To better understand whether humanitarian parole is an appropriate option for your situation, consider some examples of scenarios that may warrant its application:
1. Medical Emergency
This option applies if you or any of your relatives encounter a serious health condition that necessitates receiving immediate medical treatment in the USA but the necessary treatment is either unavailable or insufficient in your home country, then humanitarian parole can be helpful.
2. Family Crisis
In cases covering severe illness or death of a close family member living in the U. S. where their assistance may be needed, the individual may be granted humanitarian parole.
3. Legal Obligations
Humanitarian parole can be granted to individuals who are crucial witnesses in ongoing criminal or civil trials in the United States, allowing them to enter or remain in the country for the purpose of providing testimony.
4. Urgent Humanitarian Reasons
The US government actively considers various circumstances that constitute humanitarian emergencies or offer significant public benefits, granting humanitarian parole on a case-by-case basis. Each situation is uniquely evaluated, with distinct conditions and requirements, and no two cases are alike, ensuring a tailored approach to addressing complex and critical needs.
How to Apply for Humanitarian Parole
The humanitarian parole application process has the following steps and it is very important to exercise a lot of care while completing this process. Here’s an overview of the application process:
Complete Form I-131:
Actively request Form I-131, also known as the Application for Travel Document, and carefully review its directions and sections to ensure accurate completion. Although this form serves multiple purposes, you must deliberately select the correct format for humanitarian parole, meticulously following the instructions to submit a successful application.
Include Form I-134:
You must actively complete Form I-134, also known as the ‘Affidavit of Support’, to demonstrate your ability to financially support a temporary stay in the United States. By signing this affidavit, you affirm that you will take financial responsibility for the individual’s stay, ensuring they do not become a burden on the government.
Provide a Written Explanation:
Include a well-written comprehensive explanation about the humanitarian need or emergency that you are unable to meet that makes you seek generous humanitarian parole. Describe why other visa options are not possible about what Othello has to do.
Specify Duration:
Explain how long you will be forced to remain in the United States is quite obvious from the supporting documentation.
Regarding humanitarian parole, USCIS normally provides temporary authorization to enter the United States and this usually lasts for the most one year.
Supporting Documentation:
Include relevant supporting documentation, such as medical records, proof of family crisis, legal documents, and any evidence that substantiates your need for humanitarian parole.
Cover Letter:
Accompany your application with a cover letter that summarizes the key reasons for your request. If you’ve previously applied for a regular visa and were denied, provide details of your visa refusal.
Evidence of Financial Capability:
If seeking medical treatment, include a doctor’s explanation of your diagnosis, reasons why treatment is unavailable in your home country, estimated treatment costs, and your plan for covering these expenses.
Expedited Processing Request:
If your situation is exceptionally time-sensitive, you may request expedited processing. Provide compelling evidence justifying the need for a faster decision.
Additional Documentation:
- Any previously filed immigrant or nonimmigrant petitions on behalf of the beneficiary.
- Birth, marriage, or death certificates if relevant to the case.
- Any other pertinent documents that support the request.
Filing Fee:
A non-refundable fee of $575 is required unless a fee waiver is requested through Form I-912.
Seek Legal Counsel
Immigration attorneys take charge of navigating the intricate humanitarian parole application process, leveraging their expertise to ensure a thorough submission. They actively guide clients through the complex requirements, gathering and preparing robust supporting documentation to strengthen the application and maximize approval chances.
How does the USCIS evaluate the Affidavit of Support
USCIS evaluates the Affidavit of Support (Form I-864) as a critical component in determining an immigrant’s eligibility for permanent residency, particularly in relation to the public charge rule. Here are the key factors and processes involved in this evaluation:
1. Legal Framework
The Affidavit of Support is a legally binding contract between the sponsor and the U.S. government, ensuring that the sponsored immigrant will not become a public charge. This obligation typically lasts until the immigrant becomes a U.S. citizen or accrues 40 quarters of work (approximately 10 years) .
2. Financial Requirements
USCIS assesses whether the sponsor meets specific financial criteria:
- Income Threshold: The sponsor’s household income must be at least 125% of the Federal Poverty Guidelines for their household size. If the sponsor is an active-duty member of the military and sponsoring a spouse or child, the requirement is 100% of the poverty level.
- Assets: If income is insufficient, sponsors can use assets to meet requirements. The value of assets must be five times the difference between their income and the poverty guideline, or three times if sponsoring a spouse or child of a U.S. citizen.
3. Documentation and Evidence
When evaluating the Affidavit of Support, USCIS requires:
- Tax Returns: Sponsors must provide their most recent federal income tax returns and proof of current employment. If they were not required to file taxes, they must explain why.
- Joint Sponsors: If the primary sponsor does not meet income requirements, they can enlist joint sponsors who also complete Form I-864 and meet financial criteria .
4. Totality of Circumstances
USCIS evaluates not just the Affidavit itself but considers it as one factor among many in assessing whether an immigrant may become a public charge. Other factors include:
- The beneficiary’s age, health, education, skills, and work history.
- Any national security concerns or criminal history.
- The overall circumstances surrounding the beneficiary’s need for support.
5. Decision Process
After reviewing all submitted documents, USCIS officers conduct mandatory security checks and may issue Requests for Evidence (RFEs) if additional information is needed. The decision is made based on whether there is sufficient evidence that the beneficiary will have adequate financial support while in the U.S., which is crucial for approval
In conclusion, humanitarian parole serves as a vital mechanism for addressing urgent humanitarian needs and critical situations that necessitate entry into the United States. While it is not a visa category, this discretionary relief offers hope and relief to individuals facing extraordinary circumstances.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a U Visa or a B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
