Important Update:
As of November 15, 2024, a federal judge has ruled against the Biden administration’s expansion of Parole in Place. As a result, USCIS is no longer accepting new Form I-131F applications, nor will they process any pending applications. Any upcoming Application Support Center appointments for Form I-131 F are also canceled, and individuals arriving for these appointments will be turned away.
What Is Immigration Parole?
Immigration parole is a temporary status granted to certain non-citizens, allowing them to stay and sometimes work in the U.S. without fear of deportation. The Secretary of the Department of Homeland Security (DHS) can grant parole under the Immigration and Nationality Act (INA) for urgent humanitarian reasons or public interest matters.
The law doesn’t specifically define these terms, so DHS determines their meaning. Similar to the Deferred Action for Childhood Arrivals (DACA) program, parole does not grant a person official U.S. entry or permanent immigration status.
Types of Parole
There are several types of immigration parole. Below are four main categories:
Advance Parole
Advance parole allows non-citizens who are already in the U.S. to leave temporarily and return. However, re-entry is not guaranteed, as U.S. Customs and Border Protection (CBP) can deny re-entry at the border.
Non-citizens may apply for advance parole in situations like:
- Pending green card applications
- Awaiting asylum results
- Temporary Protected Status (TPS) or DACA recipients wanting to travel
- Family emergencies (e.g., a death)
Parole in Place (PIP)
This type of parole is granted to certain family members of U.S. military personnel, veterans, and enlistees. It allows them to stay legally in the U.S., offering work authorization and protection from deportation, which can ease the burdens for military families.
Significant Public Benefit Parole
This parole is granted when a non-citizen is needed for public interest reasons, like serving as a witness in criminal or national security-related cases. In rare instances, it may also apply to those seeking experimental medical treatments.
Urgent Humanitarian Parole
Urgent humanitarian parole is issued for situations like a medical or family emergency, or extreme conditions in the applicant’s home country. This allows individuals to temporarily stay in the U.S. while addressing these urgent needs.
Other types of parole include Military Parole-in-Place and programs for specific countries, like the Cuban Family Reunification Program. Visit the USCIS website for more information on these programs.
The Parole Process
The parole process involves several U.S. agencies, each with its role:
- USCIS: Handles most parole requests for individuals outside the U.S.
- CBP: Makes decisions about parole at U.S. borders.
- ICE: Reviews national security and crime-related parole cases.
Each agency has its criteria and process for approving or denying parole. Below are the steps for applicants seeking parole:
Sponsor Requirements
Applicants must have a sponsor who can prove they will be financially supported during their stay in the U.S. The sponsor must submit Form I-134 (Affidavit of Support), showing their financial ability through bank statements, employment records, and other evidence.
Eligibility Criteria
USCIS reviews each case on its own merits, considering factors like:
- National security concerns
- The applicant’s character
- The impact on the U.S. community
- Evidence of financial support
- Whether other solutions are available for the applicant
USCIS may deny or revoke parole if it finds that the person’s parole is no longer needed or serves a different purpose.
Filing Process
To apply for parole, applicants must submit two forms:
- Form I-131 (Application for Travel Document)
- Form I-134 (Affidavit of Support)
Applicants must include supporting documents such as proof of their medical condition (for medical parole) or evidence of urgent humanitarian needs. A biometrics appointment will also be required.
Steps in the Parole Application Process
Submit Forms
Applicants must file Form I-131 and Form I-134 along with necessary supporting documents and biometric information.
USCIS Initial Review
The Humanitarian Affairs Branch (HAB) will determine whether it can handle the case and whether it should be expedited.
USCIS Deliberates and Issues Decision
After reviewing the application, USCIS will either approve or deny it based on eligibility and background checks. If additional documents are needed, applicants will be notified.
USCIS Decision Notification
Applicants will be informed whether their parole request has been approved. If approved, they can begin the process of obtaining travel documents.
Travel Documents Issued
If granted parole, applicants will need to complete further steps, such as submitting Form DS-160 (Nonimmigrant Visa Application) and attending security checks.
Arriving in the U.S.
Upon arrival in the U.S., CBP will review the applicant’s documents to determine whether parole will be granted. If granted, the parolee will receive Form I-94, which details their authorized stay and work eligibility.
What’s Next for Immigration Parole?
The immigration parole system may change, especially in light of the Build Back Better (BBB) Act, which proposes expanding the parole system to cover over 7 million undocumented immigrants. This would protect these individuals from deportation and allow them to work legally in the U.S. The act also includes a process called “visa recapture,” which could help expedite green card applications for many individuals.
While Congress continues to discuss these changes, the future of immigration parole remains uncertain. However, the inclusion of parole programs in legislation could provide new opportunities for many individuals seeking legal status in the U.S.
