Immigration law is highly regulated. Who gets to enter the United States? For how long do they get to stay? What are they allowed to do while being in the country? The rules are manifold and so complex that even experts have a hard time keeping up. And still, they cannot possibly anticipate every possible situation that people seeking immigration benefits may face. This is why USCIS may exercise discretion in some cases. This practice, however, is not arbitrary nor is taking place in a legal vacuum. In fact, even discretion must follow guidelines, as set forth in the regulations about “parole.”
In immigration law, the term “parole” refers to the permission to enter the United States for individuals who are otherwise not admissible or eligible. In other words, parolees are permitted to enter and stay in the country, for the duration of their parole, even though they are not formally admitted with a valid immigrant or non-immigrant status. Pursuant to the regulations, parole can be granted for various reasons and is decided on a case-by-case basis. What follows is a brief overview of two especially important types: humanitarian parole and significant public benefit parole.
As a member of international community of nations, the United States is committed to provide help in situations of humanitarian crises. Wars, genocide, and natural disasters often inflict tremendous suffering on the civilian population in affected areas. There are established channels of help available, such as the U.S. Refugee Admissions Program (USRAP), and humanitarian parole is not intended to replace or bypass these. Nevertheless, such means are often not feasible or applicable, especially when disaster strikes swiftly and unexpectedly.
For example, the return of the Taliban regime in Afghanistan, following the withdrawal of U.S. troops in the summer of 2021, placed numerous individuals and their families at a sudden and extremely high risk of persecution. Regular legal tools, such as asylum, were not a realistic option for persons under immediate threat, since normal processing times and decision procedures could have easily resulted in loss of their physical integrity, their freedom, or even their lives.
Similarly, the current invasion of Ukraine by Russian forces has endangered the lives and wellbeing of countless civilians. Recent reports of war crimes and retaliation against non-combatants have only exacerbated an already dire situation. For people who have been displaced and have every reason to fear for their lives humanitarian parole can be the only available option to enter the United States.
However, the use of humanitarian parole is not limited to wars and political crises. The tool can also be of extremely useful for medical treatment, organ donations, care of a terminally ill family member, or settling the affairs of deceased relatives in the United States. In short, whenever there are urgent humanitarian matters, and established immigration procedures, are not feasible, parole may be the only tool available.
When deciding whether parole shall be granted, a USCIS officer is expected to consider each individual request and the evidence provided on a case-by-case basis, taking into account all relevant circumstances. The criteria the officer will consider are:
If parole is granted, parolees will gain permission to enter or stay in the United States for the time granted (usually a year, sometimes up to two years). During this time, paroles can apply for employment authorization and, if granted, seek gainful employment. When parole expires, the parolee can either depart the country—provided the circumstances that have led to request parole have changed—or re-apply for parole 90 days before the expiration date. Alternatively, the parolee can apply formally for asylum or pursue other feasible options to obtain a formal legal status.
It should be clear form the above that when considering applying for humanitarian parole, it is highly advisable to seek the help of an experienced immigration attorney. Parole should only be considered as last resort and an attorney can help you assess if preferable means to be admitted to the county are available. If parole is indeed the best feasible option, your chances will depend on how well the urgency of your specific case is communicated.
Our team can help you increase your chances by reviewing and preparing the evidence for you, help you communicate the pressing nature of your case, and drastically increase your chances of having your parole being granted. We understand that many of our clients pursuing this option have experienced great distress, often escaped traumatizing circumstances, and are anxious about the outcome of their cases. We can offer compassion and expertise, and we are firmly committed to use out skills to achieve a favorable outcome for you. If you decide to trust us, you will have a capable ally on your side.
Humanitarian considerations are of major importance, but they are not the only reasons that may warrant parole. Detrimental effects on significant public benefits can also be sufficient. The constraints are the same as in humanitarian cases. Parole is not meant to be serve as a tool to avoid lengthy processing times or to avoid the regular adjudication of visa applications. It is a matter of last resort and should only be considered when no established admission to the United States is applicable or feasible.
There is no fixed and binding definition of significant public benefits. Again, decisions are made on a case-by-case basis, and much will depend on how effective the urgency of your case is presented. National security or law enforcement concerns are often cited reasons that may warrant the granting of parole to specific individuals. Examples include the participation in civil or criminal proceedings, as justice being served certainly constitutes as a genuine public good. Time sensitive research projects—for instance research with urgent public health implications— may also qualify. And so do economic considerations—such as urgent business opportunities with considerable potential for job creation—which may only exist during a limited time window. Moreover, it is quite possible that granting parole may serve both, humanitarian and significant public benefits. An example that comes to mind, especially in the era of the COVID-19 pandemic—are medical trials which may save individual patients and have substantial benefits for the general population.
The implications of your endeavor, and the potential public benefits it may yield, are often not self-evident. Therefore, an immigration attorney can help you present these benefits in the most effective way. Our team has extensive experience in researching different fields and identifying potential external effects, including substantial benefits for the general population. We can help you elicit these benefits, communicate them persuasively to USCIS, and greatly improve your chances of success. Naturally, we are also profoundly knowledgeable about other important factors that will affect the adjudication of parole requests, such as matters of sponsorship. And we can discuss a broad range of option that may be available to you, when your parole status expires, and help you pursue the most promising one.
To summarize, parole can be an effective way to help clients, who are not eligible or admissible by other means, enter or stay in the United States. It is, however, meant to serve as a last resort in pressing situations when regular immigration procedures are not feasible. To establish that this is indeed the case, you will need skilled research, profound legal knowledge, and convincing argumentation. We have the resources and the expertise to increase your chances of approval. If you feel humanitarian of substantial public benefit parole may be applicable to your situation, please get in touch. We are happy to discuss how we can help.
