Guide on applying for humanitarian parole in the U.S.

Guide to Applying for Humanitarian Parole in the U.S.

This is why it is important to explore humanitarian parole more closely in an age where the immigration system has become increasingly diverse and intricate. This special service from the USCIS enables foreigners to visit the US under certain conditions Only this program of the USCIS grants permission to foreign residents to enter the United States. In this structured article, we will indicate a general overview of the requirements provided by the humanitarian parole, the way to apply for this kind of permit, and other valuable information that might be helpful when applying for the permit.

What Is Humanitarian Parole?

That is why, unlike refugee or asylee status, humanitarian parole is a discretionary measure that allows foreign citizens to enter the territory of the USA on an emergency basis or for socially significant reasons. First and foremost, humanitarian migrants can be described as those people who require their presence in the United States for medical and other life-and-death reasons.

Common Humanitarian Parole Scenarios

While humanitarian parole can apply to a range of situations, the most common scenarios include:

1. Medical Emergencies

People who need some serious medical attendance in the USA that may be unavailable or insufficient in their home countries can apply for humanitarian parole. This category may frequently orbit those with gravely ill relatives living in the U.S.

2. Family Crises

Humanitarian parole is the ability to enter the United States for a short period due to the medical condition of a family member or a necrology funeral. It can make the longing connected to being apart in times of hardship a little bit more tolerable.

3. Public Interest Reasons

It is necessary to point out that based on humanitarian considerations, an applicant may be allowed into the United States for the specific reason of possessing certain special skills or knowledge relating to current judicial, administrative, or legislative proceedings. This helps in making them to be involved in proceedings that are in the interest of the general public.

4. Other Emergency Situations

In this case, humanitarian parole does not operate within the confines of the mentioned scenarios. Even in concerned cases, USCIS reviews the applications on a case-by-case basis and emergent situations that can occur to anyone all of a sudden.

Eligibility for Humanitarian Parole

Although humanitarian parole helps during the crisis, we cannot consider it a permanent immigration solution, unlike general visas. US CIS grants this form of relief sparingly, mainly for humanitarian emergencies or instances of considerable public interest.

However, humanitarian parole cannot be used as an attempt to avoid refusing visas or the other legal processes of immigration.

Key Eligibility Factors

Genuine Emergency:

The temporary basis must be supported by proper documentation that shows a genuine emergency or exists in the public interest. USCIS needs to consider the authenticity by reviewing several factors or aspects of the case.

Alternative Travel Options:

If you can attain and find relevant other travel routes to the United States, such as the Visitor Visa (e.g., B-2 visa), then the authorities cannot grant humanitarian parole, even if you have a humanitarian basis. You must provide this information when applying for the program.

Undocumented Immigrants and Humanitarian Parole

People generally discourage applying for humanitarian parole when you are already in the U.S. or when your immigration status has expired since it is available to undocumented individuals. Although the U.S. grants humanitarian parole in certain situations and does not guarantee admission, it mainly helps people located in foreign countries who are dealing with emergencies inside the United States.

Applying for Humanitarian Parole in Removal Proceedings

Depending on the circumstances, removal proceedings officials in the United States may grant humanitarian parole. To explore this option, the candidate must download the appropriate forms, including their name, a clear statement of why they need humanitarian parole, and other required information.

Special Considerations for Detainees

Humanitarian parole is a form of special parole considering the detainees in the immigration detention centers. These cases are considered by the USCIS where the applicant’s physical condition is impaired, pregnant, juvenile, a legal witness, or a person of public interest.

The Application Process

It is not an easy process to apply for humanitarian parole; one has to be very precise and careful while gathering the documents. Here’s a step-by-step guide to help you navigate the application process:

Complete Form I-131: Start with the I-131 form or the Application for Travel Document. Since this paper is designed for various travel needs, make sure you fill out only the humanitarian parole sections. To pursue this avenue, complete the necessary forms and provide a detailed explanation of why humanitarian parole is essential.

Special Considerations for Detainees

Individuals detained at immigration detention facilities may receive special consideration for humanitarian parole. USCIS takes into account factors such as serious medical conditions, pregnancy, juveniles, witnesses in legal proceedings, and those in the public interest when evaluating these cases.

The Application Process

Applying for humanitarian parole is a complex process that requires attention to detail and thorough documentation. Here’s a step-by-step guide to help you navigate the application process:

Complete Form I-131:

Begin by filling out Form I-131, the “Application for Travel Document.” While this form serves various travel purposes, ensure you complete the sections relevant to humanitarian parole.

Include Form I-134 (Affidavit of Support):

Depending on your financial circumstances, you may need to submit Form I-134, an “Affidavit of Support,” to demonstrate your ability to cover expenses during your stay in the U.S.

Provide a Detailed Explanation:

Include a comprehensive written explanation outlining the humanitarian need or emergency necessitating your request. Clarify why other visa options are impractical for your situation.

Specify Duration:

Indicate the anticipated duration of your stay in the United States. USCIS generally grants humanitarian parole for a maximum period of one year.

Supporting Documentation:

Include all relevant supporting documents, such as medical records, proof of family crises, legal documents, and any evidence that substantiates your need for humanitarian parole.

Compose a Cover Letter:

Accompany your application with a cover letter summarizing the primary reasons for your request. If you have previously applied for a regular visa and received a denial, provide details of the visa refusal.

Demonstrate Financial Capability:

If your humanitarian parole request is related to medical treatment, include a doctor’s explanation of your diagnosis, reasons for treatment unavailability in your home country, estimated treatment costs, treatment duration, and your financial plan.

Expedited Processing Request:

In urgent situations, request expedited processing by providing compelling evidence justifying the need for a faster decision.

Seeking Legal Counsel

Given the intricacies of humanitarian parole applications, it’s advisable to seek professional assistance from an experienced immigration attorney. These professionals possess the expertise to navigate the process effectively, ensuring compliance with all requirements and thorough documentation.

Required Documents to Prove Income

Federal Tax Returns:

A copy of the most recent federal income tax return, including all schedules and attachments, or an IRS tax transcript.

W-2 Forms:

Copies of W-2 forms for the most recent tax year to show income from employment.

Pay Stubs:

Recent pay stubs (typically last three months) to provide evidence of current income.

Employment Verification Letter:

A letter from the employer confirming employment status, job title, and salary.

Bank Statements:

Recent bank statements (usually the last three months) to show account balances and regular deposits that align with reported income.

1099 Forms (if applicable):

For self-employed individuals or those receiving income not reported on a W-2, copies of 1099 forms should be included.

Proof of Other Assets (if applicable):

Documentation for any additional financial resources, such as real estate deeds, stock ownership statements, or other investments that can support the beneficiary.

Additional Considerations

Humanitarian parole serves as a critical option for individuals facing emergencies, medical crises, or public interest obligations that require entry into the United States. While it is not a visa category, this discretionary relief offers hope and assistance during challenging times.

What happens if my Humanitarian Parole application is denied

If your application for humanitarian parole is denied, there are specific steps and options to consider:

No Appeal Process:

Unlike other immigration applications, a denial of humanitarian parole cannot be appealed. The decision made by USCIS is final, meaning you cannot challenge it through an appeal process.

Reapplication Possibility:

While you cannot appeal, you may submit a new application for humanitarian parole if there are significant changes in your circumstances or if you can provide new evidence that supports your case. This could include updated information about your humanitarian need that was not available during your initial application13.

Filing a Motion for Reconsideration:

In some cases, you might be able to file a motion for reconsideration or to reopen the proceeding. This involves submitting Form I-290B within 33 days of the denial notice, along with the appropriate fee or a request for a fee waiver. This option is generally used when new facts relevant to the application arise.

Consulting Legal Assistance:

It is advisable to seek the assistance of an experienced immigration attorney if your application is denied. They can help assess the situation and guide you on how best to proceed, whether through reapplication or exploring other immigration options.

Documentation and Evidence:

If you decide to reapply, ensure that you include comprehensive documentation and evidence that clearly outlines the urgent humanitarian reasons for your request. This may involve gathering new medical records, letters from family members, or other supporting documents that strengthen your case

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your application straightforward and successful. Whether you’re applying for a Refugee Visa or Family-based Visas, 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, coordinating 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.

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