Our office recently received approval of a Humanitarian Parole request filed on behalf of a client who is subject to the 10 year “unlawful presence bar” pursuant to INA Section 212(a)(9)(B)(2). She previously entered the U.S. on a B-2 visitor visa but remained out of status in the U.S. for over 3 years before departing back to her home country.
Parole is governed my numerous Public Laws and U.S. national policy that includes INA Section 212(d)(5) which states:
The Attorney General may, except as provided in subparagraph (B) or in section 1184 (f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
It is important to realize that parole is a discretionary authority that allows for the temporary entry of individuals into the United States for urgent humanitarian reasons or for significant public benefit.
It does not constitute “admission” to the United States and it does not convey any immigration benefits to the beneficiary. Common parole requests include medical emergencies, the unification of family members (particularly parents and young children), civil and criminal proceedings, as well as other emergent requests.
The USCIS, ICE and CPB exercise concurrent parole authority. The USCIS authorizes parole for aliens outside the United States for many reasons, including humanitarian. ICE authorizes parole for aliens outside of the United States for many reasons, including law enforcement and intelligence purposes as well as to release detained aliens from custody. CBP authorizes parole at United States ports of entry, including pre-flight inspection facilities.
Humanitarian Parole is an extraordinary measure that allows an otherwise inadmissible alien to come to the United States for a compelling emergency. Cases involving life-threatening medical emergencies, family unification, children under 16 years of age, and physically and/or mentally challenged individuals receive immediate expedited review.
Approximately 1200 Humanitarian Parole requests are received per year and only 25% are granted. The vast majority of Humanitarian Parole requests as thus denied.
I prepared a comprehensive Humanitarian Parole application package on behalf of my client that included:
- A detailed point-by-point memorandum presenting the emergency, compelling, and urgent nature of her request
- A discussion of my client’s strong, permanent, and irrefutable ties to her country of residence that refuted any notion of “immigrant intent”
- A discussion of her rehabilitation from her previous violation of U.S. immigration laws, her good moral character, and that she poses no risk of harm to the United States upon her entry
- A discussion of the life-threatening consequences to her U.S. citizen brother should she not be allowed immediately into the United States
- A discussion of the significant public benefits to the United States and its citizens served by my client’s entry into the U.S.
- A table of exhibits with objective evidence that documented every statement made in the memorandum
Within 23 days of submitting our Humanitarian Parole application package, our request was approved by the USCIS. Our client was granted parole authorization to enter the United States for 7 weeks despite being subject to the 10 year “unlawful presence bar.”