When an individual is not eligible to enter the United States based on visa qualifications or any other way, they may be granted entry through humanitarian parole. Whether or not they can use this immigration legislation depends on a variety of factors. Continue reading and speak with an immigration attorney in NYC to learn how you can apply for humanitarian parole.
What is Humanitarian Parole?
Humanitarian parole is a status granted to a foreign national that allows them to temporarily enter the United States due to humanitarian reasons, an emergency, or for significant public benefit. This discretionary status is given to people who would otherwise be ineligible to come to the U.S.
The purpose of humanitarian parole is to allow an individual facing serious circumstances to come to the country for a short period for urgent reasons like a medical emergency, family situation, natural disaster, etc. The USCIS (United States Citizenship and Immigration Services) grants humanitarian parole based on applications and sponsorships.
Who is Eligible for Humanitarian Parole?
Any individual can be eligible for humanitarian parole if they do not qualify for a visa or other immigration benefits. When considering whether or not to grant humanitarian parole to an applicant, the USCIS officer will assess the following criteria.
- Whether there is an urgent humanitarian or public benefit reason for the applicant to enter the U.S.
- Whether the applicant merits a favorable exercise of discretion
- Whether or not the circumstances are pressing
- The effect of the circumstances on the applicant’s well-being
- The degree of suffering that might result if parole is denied
How Do I Apply for Humanitarian Parole?
If you wish to apply for humanitarian parole in the United States it is important that you understand all of the requirements and necessary documents. Below are the general steps needed to submit your application.
- Form I-131: Fill out this form, the Application for Travel Document with accurate information including the reason you are requesting aid and any supporting documents and evidence. This form requires you to pay a $630 filing fee.
- Form I-134: The Declaration of Financial Support proves that you will be able to financially support yourself during your stay in the United States to ensure you will not become a public charge.
- Supporting documents: You must include a detailed explanation of your situation. Gather all relevant support documents that prove the reason for your parole request. This may include medical reports, employment information, death certificates, marriage certificates, news reports, government documentation, letters from U.S. family, etc.
- Form G-28: If you have legal representation, file the Notice of Entry of Appearance as Attorney or Representative. This allows the USCIS to communicate with your attorney or representative on your behalf.
- File application: When you have completed all necessary forms and gathered relevant documentation, submit your application to the USCIS whose offices will review your application. They may request additional documentation if necessary or issue an acceptance or rejection.
For more information or to obtain legal representation, reach out to an experienced attorney at the Law Office of Cheryl R. David today.
