Written by attorney C. C. Abbott

Immigration: Humanitarian Parole

There is a method available to aliens to obtain the right to briefly enter the United States for a specific purpose. USCIS has within its discretion to grant humanitarian parole. The alien is permitted to enter the United States at a port of entry and be allowed to stay for the duration of the parole within the territory of the US without fear of being placed in deportation.

The humanitarian parole is based on the alien being able to convince USCIS that such action is in the best interest of US public policy.

In reality, the humanitarian parole is granted when an alien is able to provide a compelling story that to grant the parole is the right thing to do - therefore the name humanitarian parole. The USCIS website states that there are two main criteria to be examined: (1) the alien provides proof that the admission is "based on urgent humanitarian reasons or if there is a significant public benefit" and (2) the length of the parole is equal to "the length of the emergency or humanitarian situation."

The application for the humanitarian parole requires the alien to complete the I-131 and I-134 forms. These forms must be completed in full with all supporting evidence as required by the forms respective Instructions. The I-134 is mandatory because of the necessity for the alien to show that during the time she or he is in the US, the person will not become dependent as a public charge. The most vital component of the humanitarian parole request is the inclusion of a detailed cover letter that explains the urgency and the humanitarian foundation for the visit. The letter should also reference as much objective evidence as possible to prove the urgency and the time necessary to be in the US.

Humanitarian parole requires the alien to not have available any other immigrant benefit that would enable the admission to take place under existing nonimmigrant visas through the usual Department of State Consular processing. It is advisable that an alien contemplating requesting humanitarian parole contact an experienced immigration attorney who can examine the facts of the case and provide a legal opinion as to the options available under existing immigration law.

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