Inadmissible foreigners facing emergency situations abroad may be able to travel to the U.S. through a “humanitarian parole” non-immigrant visa. Parolees may stay in the U.S. for only as long as the emergency exists, but they are allowed to apply for “re-parole” to remain in the U.S. longer.
Below our Las Vegas Nevada humanitarian parole lawyers answer frequently-asked-questions about relevant laws, eligibility requirements, and application processes.
- 1. What is “humanitarian parole”?
- 2. Am I eligible for “humanitarian parole”?
- 3. Can I make a “re-parole request”?
1. What is “humanitarian parole”?
Humanitarian parole refers to when the U.S. Citizenship and Immigration Services (USCIS) grants temporary, non-immigrant visas to foreigners (“parolees”) in the following circumstances:
- the foreigner is facing a compelling emergency, or
- there is a significant public benefit to admitting the foreigner
Note that humanitarian parolees are admitted into the U.S. for a limited period of time that corresponds with the length of the emergency. Parolees have to then leave the U.S. before the expiration of their parole.1 Learn more about immigration visas in Nevada.
2. Am I eligible for “humanitarian parole”?
Foreigners facing emergency situations abroad are qualified for humanitarian parole if:
- The person is otherwise inadmissible to the U.S.; and
- The person is not using parole to avoid standard visa-issuing procedures or to bypass immigration procedures.
Contenders for humanitarian parole must meet all of the following four requirements:
- Completing a USCIS Form I-131–Application for Travel Document with the appropriate filing fee for each individual parole applicant. (It is recommended applicants read the Instructions for Form 1-131, which includes fee information.)
- Completing a USCIS Form I-134–Affidavit of Support for each individual applicant to show that the individual will not become a public charge of the U.S. (It is recommended applicants read the Instructions for Form 1-134.)
- Including a detailed explanation with evidence of the circumstances surrounding the request for humanitarian parole relief.
- If the applicant is working with a lawyer, he/she must also file a USCIS Form G-28, Notice of Entry of Appearance as Attorney or Representative. (It is recommended the applicant read the Instructions for Form G-28.)
Once the individual submits the application for humanitarian parole, the USCIS will mail written notification that the application has been received and then again after the case has been decided. If the individual does not receive a response within 120 business days after submission, the individual may contact the Parole Branch by mail at the following addresses:
For US Postal Service (USPS) Deliveries:
USCIS Dallas Lockbox
PO Box 660865
Dallas, TX. 75266For Express mail and courier deliveries:
USCIS
Attn: HP
2501 S. State Hwy 121, Business
Suite 400
Lewisville, TX 75067
Note there is no appeal process for people who are denied humanitarian parole. But foreigners may reapply for humanitarian parole if there are significant new facts to bolster their position.
Note that applicants are advised not to fill out and submit immigration forms without the help of an experienced Las Vegas Nevada humanitarian parolee immigration attorney. Every noncitizen’s situation is different, and they risk rejection from an innocent error that an adept lawyer could have prevented.
Aliens facing removal from the U.S.:
If the person seeking humanitarian parole is currently in removal proceedings from the U.S. or has already been removed from the U.S., the applicant will need to submit the application to Homeland Security Investigations rather than USCIS.2Learn more about deportable offenses in Nevada and how to avoid deportation in Nevada.
3. Can I make a “re-parole request”?
Yes. Since humanitarian parole relief lasts for only a limited amount of time, parolees are permitted to apply for “re-parole” in an effort to stay in the U.S. longer. But parolees seeking re-parole must file the request at least ninety (90) days before the parole is set to expire.
The requirements for applying for “humanitarian re-parole” consist of the following:
- Having previously received humanitarian parole from USCIS; and
- Filing USCIS Form I-131, Application for Travel Document; and
- Including the necessary filing fee; and
- Filing a USCIS Form I-134, Affidavit of Support; and
- Including a copy of the applicant’s Form I-94, Arrival/Departure Record that he/she was issued by the U.S Customs and Border Patrol (CBP) upon parole into the U.S.
There is no opportunity to appeal rejected re-parole applications.3
Legal References:
- Humanitarian Parole, USCIS.
- Id.
- Id.; CBP Begins Implementation of Form 1-94 Automation, USCIS.