The use of Humanitarian Parole permits people who would otherwise not be allowed to enter the United States to come here temporarily in connection with an emergency humanitarian situation or public interest. This parole is given to people in times of emergency, when the family has a crisis, or when they are helping with disaster relief. The humanitarian parole, who can apply, and how you can apply are all pretty straightforward, here’s a brief rundown.
What is Humanitarian Parole?
It is a conditional US government permit that permits someone who would otherwise be prohibited to visit the U.S. on an emergency or urgent basis. Such as going to the doctor, going to a funeral, or going to see a sick relative.
Who Qualifies?
The U.S. U.S. Citizenship and Immigration Services (USCIS) determines this. Every case is different, but usually, they assess:
- Is the applicant in a crisis, such as immediate medical needs or a funeral?
- How much harm could the parole applicant be caused if parole is refused?
- Is there an absolute time frame for the applicant’s case?
Humanitarian parole might be extended to citizens working in national disaster relief in related extreme situations.
Special Humanitarian Parole Programs
Some countries have humanitarian parole schemes for their citizens. Here are some examples:
For Ukrainian Nationals
“Uniting for Ukraine” allows Ukrainian citizens and their immediate families to come to the U.S. for two years on humanitarian parole. If they are selected, they will have a sponsor in the United States who will sponsor them.
For Afghan Nationals
The rules are different for Afghan nationals seeking humanitarian parole from within or outside Afghanistan, according to the USCIS.
For Cubans, Haitians, Nicaraguans and Venezuelans
The program works with the victims of violence or extreme poverty in Cuba, Haiti, Nicaragua, and Venezuela. Persons who qualify can seek travel authorization in U.S. embassies without leaving their country and visit the United States on parole for two years with a U.S. sponsor.
Cuban Family Reunification Parole Program
It brings Cuban families separated by immigration to one another. It speedily allows family members to be brought to the U.S. on humanitarian parole.
How To Apply
- Fill In Form I-131 (Application for Travel Document): This is the application to get humanitarian parole. Also, be sure to be specific on the reason why you’ll be required to visit the US for just 90 days.
- Filled out Form I-134 (Declaration of Financial Support): It shows that the candidate is financially sponsored while in the US. Applicants can fill it in themselves or a sponsor does.
- Documents You Might Need to Present: You might be asked to submit medical records, death certificates, or evidence of familial connections to help your case. You might also need tax returns or asset evidence for Form I-134.
- Fee To Filing: Form I-131 Filing Fee is $630. For Form I-134 there is no fee.
- Apply: Once you have filled out the forms and have all the documents ready, apply to USCIS. It will be reviewed by USCIS and they will possibly request more details.
Notice: Applying for humanitarian parole doesn’t guarantee approval because USCIS is the agency that determines who gets parole.
The Application Process for Humanitarian Parole
Humanitarian parole allows individuals to enter the United States temporarily due to urgent humanitarian needs. The application process can be complex, requiring specific forms and supporting documents.
Step-by-Step Guide on How to Apply
Complete Required Forms:
- Form I-131: This is the primary application for humanitarian parole. It requires detailed information about the applicant and the reasons for the request.
- Form I-134: This form serves as a declaration of financial support, demonstrating that the applicant can be financially supported during their stay in the U.S.
Gather Supporting Documents:
Medical records, proof of family relationships, death certificates, or any documentation that substantiates the urgent humanitarian need.
Financial documents may also be required to support Form I-134, such as proof of income or assets.
Pay the Filing Fee:
The fee for Form I-131 is currently $630. There is no fee for Form I-134.
Submit Your Application:
Applications can be submitted to U.S. Citizenship and Immigration Services (USCIS) or through U.S. consulates abroad, depending on the applicant’s location.
Key Documents Needed
- Completed Form I-131 and Form I-134.
- Supporting evidence of humanitarian need.
- Financial documentation for Form I-134.
- Payment of filing fees or a request for a fee waiver.
Humanitarian Parole vs. Refugee Status
- Humanitarian Parole: A temporary measure allowing entry into the U.S. based on urgent humanitarian needs, typically granted for a limited time.
- Refugee Status: A permanent immigration status granted to individuals who have fled their home country due to persecution or a well-founded fear of persecution.
Temporary Nature of Humanitarian Parole
Humanitarian parole is not intended as a permanent solution; it is used in situations requiring immediate attention, such as medical emergencies or family reunification.
Pros and Cons of Humanitarian Parole
Pros:
- Provides immediate access to the U.S. for urgent needs.
- Can be faster than traditional visa processes.
Cons:
- Temporary status with no path to permanent residency.
- May require extensive documentation and proof of urgency.
How to Demonstrate Urgent Humanitarian Need
Urgent humanitarian needs may include:
- Life-threatening medical conditions.
- Imminent threats to personal safety.
- Family reunification in critical situation.
Examples of Situations Where Humanitarian Parole is Granted
- Medical emergencies requiring treatment unavailable in the applicant’s home country.
- Situations where an individual faces imminent danger due to violence or persecution.
- Cases involving family members needing support during critical times.
Documentation and Presentation of Your Case
To effectively present your case, include:
- Detailed letters explaining the situation.
- Medical records or legal documents supporting claims of urgency.
- Evidence of relationships with U.S. residents if applicable.
Distinction Between Humanitarian Parole and Visa Programs
Humanitarian parole differs from standard visa programs in that it is not a visa but rather a temporary permission to enter the U.S.. While visas are typically granted for specific purposes (work, study), humanitarian parole addresses urgent needs without providing permanent residency options.
Duration of Humanitarian Parole
Humanitarian parole is typically granted for a limited duration, often determined by the specific circumstances surrounding the request. Extensions may be possible but require reapplication.
What Happens When the Parole Period Expires?
Upon expiration, individuals must either leave the U.S. or seek other immigration statuses, such as asylum or adjustment of status, if eligible.
Who Can Apply for Humanitarian Parole?
Individuals can apply on their behalf or have someone file on their behalf (e.g., family members). U.S. citizens or legal residents can assist by filing applications for relatives facing urgent humanitarian needs.
Costs Associated with Humanitarian Parole
The primary cost associated with humanitarian parole is the filing fee for Form I-131 ($630). Additional costs may arise from medical exams or obtaining necessary documentation to support the application.
Common Questions
Is a humanitarian parole application considered within 6 months?
Applications are generally received within 90 days from USCIS. But as it may slow down due to massive application traffic, it takes longer.
How long is humanitarian parole valid?
This period is decided on a case-by-case basis. Usually, it is for one year but it can be shorter or longer depending on circumstances. The parole term is up and the man has to depart the US unless they request an alternative immigration status or extension.
I got humanitarian parole, can I get a green card?
Humanitarian parole isn’t a visa, nor does it open the door to permanent residency or citizenship. Yet if a humanitarian parole has a U.S. citizen or green card holder in the family, he can request a family-based green card.
Why is humanitarian parole different from TPS?
TPS is awarded to people from countries who are currently under intense military or natural disaster, or in some other exceptional situation. In contrast to humanitarian parole, TPS enables them to remain and work in the U.S. during the period but doesn’t lead to permanent residency. TPS and humanitarian parole are temporary protections, but only TPS allows lawful work in the U.S.
Common Reasons for Denial of Humanitarian Parole
Applications for humanitarian parole can be rejected for various reasons. A frequent cause of denial is insufficient evidence to support the claim of urgent humanitarian need. Applicants must demonstrate the severity and immediacy of their situation, such as medical emergencies or threats to personal safety. If the evidence does not convincingly establish these factors, the application may be denied. Another common issue is the failure to provide adequate financial support documentation. U.S. Citizenship and Immigration Services (USCIS) requires proof that the applicant will have sufficient means of support while in the United States. Without this evidence, applications are likely to face rejection.
Additionally, if there are alternative visa options available, such as a visitor visa, USCIS may deny the humanitarian parole request, as it is not intended to circumvent regular immigration processes. To address potential issues before applying, applicants should ensure they gather comprehensive documentation that clearly outlines their urgent needs and financial backing. Consulting with immigration attorneys or organizations experienced in humanitarian parole can also help identify and rectify potential weaknesses in an application.
Approved Humanitarian Parole: What Happens Next?
Once humanitarian parole is granted, individuals must prepare for their travel to the United States. This includes understanding entry requirements, which may involve presenting specific documents at the port of entry. Upon arrival, parolees should be aware that their status is temporary and subject to revocation if circumstances change or if they do not comply with any conditions set forth during their parole.
If a parolee’s situation changes while in the U.S., such as a new medical need or family emergency, they should document these changes and consult with legal experts about possible options for extending their stay or changing their immigration status.
Rights and Benefits of Humanitarian Parole Holders
Individuals granted humanitarian parole have specific rights during their stay in the U.S. They are allowed to apply for work authorization, which enables them to seek employment while in the country. However, there may be travel restrictions; parolees typically cannot leave the U.S. without risking their status. Access to healthcare is another benefit, although it may depend on individual circumstances and state regulations. Some public benefits, such as social security or assistance programs, may be available depending on the parolee’s situation and eligibility.
How Humanitarian Parole Affects Future Immigration Applications
Holding humanitarian parole can impact future visa or immigration applications. While it does not automatically disqualify individuals from applying for permanent residency or citizenship, it may complicate matters. For instance, if an individual applies for permanent residency after being granted humanitarian parole, they might face scrutiny regarding their previous immigration status and intentions. Challenges may arise if USCIS perceives that individuals are using humanitarian parole as a means to bypass standard immigration procedures or if there are concerns about their compliance with U.S. laws during their stay.
Humanitarian Parole for Specific Groups
Certain groups may qualify for humanitarian parole under special circumstances. This includes unaccompanied minors seeking refuge from dangerous situations, victims of trafficking requiring immediate protection, and individuals affected by natural disasters. Additionally, those who assisted in U.S. military operations or diplomats may also be eligible for this form of relief.
Humanitarian Parole for Family Reunification
Family reunification is another critical aspect of humanitarian parole. Family members in dire situations can apply for parole to join relatives already residing in the U.S. The application process typically requires demonstrating the urgency of the need for reunification and providing documentation that supports the relationship between family members. Successful case studies often highlight situations where family members faced imminent danger or health crises that necessitated immediate reunification.
Humanitarian Parole for Medical Emergencies
Medical emergencies can lead to approval for humanitarian parole when critical health situations arise that cannot be addressed in an applicant’s home country. Documentation supporting medical needs is essential; this includes medical reports detailing conditions requiring urgent treatment and letters from healthcare providers.
The Role of Nonprofits and Legal Assistance in Humanitarian Parole
Nonprofit organizations and immigration lawyers play a vital role in assisting applicants throughout the humanitarian parole process. They can provide guidance on documentation requirements, help prepare applications, and offer legal representation in complicated cases or special circumstances.
Humanitarian Parole for Special Circumstances (Natural Disasters, War)
Individuals fleeing natural disasters or war zones can apply for humanitarian parole under emergency circumstances. The U.S. government has mechanisms in place to handle large-scale humanitarian cases effectively, such as those following significant events like earthquakes or military evacuations.
Challenges and Criticism of the Humanitarian Parole System
Despite its purpose, the humanitarian parole system faces criticism regarding its effectiveness and efficiency. Common critiques include lengthy processing times and limited scope, as many deserving cases may not meet eligibility criteria due to stringent requirements. There is ongoing debate about whether to expand access to humanitarian parole or impose stricter limitations based on national security concerns and resource allocation considerations.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an I-130 Visa or an Asylum 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. You can call us today at +234 812 5505 986 to learn how we can help you.
