What is Parole? Understanding US Immigration Parole

Parole, in the context of U.S. immigration law, is a process that allows individuals who may not otherwise be permitted to enter the United States to be temporarily allowed into the country. U.S. Citizenship and Immigration Services (USCIS) has the authority to grant parole at its discretion. This authorization is not a formal admission to the U.S. but rather a temporary permission to be physically present within the country.

Defining Parole and its Core Principles

The legal basis for immigration parole is found in the Immigration and Nationality Act (INA), specifically section 212(d)(5). This section empowers the Secretary of Homeland Security to use discretion in paroling any foreign national applying for admission into the United States temporarily. This is typically granted for urgent humanitarian reasons or when it is determined to be for significant public benefit.

It is crucial to understand several key principles about parole:

Discretionary Authority: USCIS uses its discretionary power to authorize parole. This means it is not an automatic right, and each case is evaluated individually.
Temporary Nature: Parole is always granted for a temporary period, with a specified duration to fulfill the purpose of the parole.
Not Formal Admission: Being paroled into the U.S. does not constitute a formal admission under immigration law. Parolees are still considered to be outside the formal immigration system.
Not a Substitute for Visa Processes: Parole is not intended to bypass standard visa application procedures, circumvent inadmissibility waiver processes, or replace established refugee processing channels. It is meant for situations that fall outside these normal pathways and require urgent or beneficial temporary entry.

Key Roles in the Parole Process

Understanding the terminology is essential when navigating the parole process. Here are the key roles defined by USCIS:

Petitioner: This is the person who completes Form I-131, Application for Travel Document. They are applying for parole on behalf of someone who is outside the United States. An individual can also be a “self-petitioner” if they are filing Form I-131 for themselves.
Beneficiary: The beneficiary is the individual who is outside the United States and for whom parole is being requested. If someone is self-petitioning, they are both the petitioner and the beneficiary.
Financial Supporter: This individual commits to providing financial support to the beneficiary during their parole period in the U.S. They do this by filing Form I-134, Declaration of Financial Support.
Parolee: A beneficiary becomes a parolee once they are granted parole and enter the United States at a port of entry.

Duration and Conditions of Parole

When parole is authorized, USCIS specifies its duration. The length is determined by the time needed to achieve the parole’s purpose. While parole is typically granted for no more than one year, longer periods may be authorized depending on the specific reasons for the parole request. For instance, parole granted to attend a court proceeding might be limited to the duration of the legal process.

Parole ends when one of the following occurs first:

The parole period expires on the date specified.
The parolee departs from the United States.
The parolee obtains a formal immigration status within the U.S.

USCIS may also impose conditions on parole, such as reporting requirements. Importantly, parole can be revoked at any time, without prior notice, if USCIS determines it is no longer warranted or if the parolee fails to comply with any conditions set.

Employment Authorization for Parolees

While parole itself does not automatically grant the right to work in the United States, parolees may be granted temporary employment authorization at the discretion of USCIS. This authorization is considered if it aligns with the purpose and duration of their parole. To seek employment authorization, parolees must file Form I-765, Application for Employment Authorization, after they have been paroled into the United States.

Who Can Apply for Parole?

You can initiate a parole request either for yourself or on behalf of another individual who is currently outside the United States. To do so, you must file Form I-131, Application for Travel Document.

A petitioner filing for someone else does not need to be a U.S. resident or have a familial relationship with the beneficiary. Individuals outside the U.S. can also apply for parole for themselves, acting as self-petitioners.

The Crucial Role of Financial Support

A critical element in the parole consideration process is whether the beneficiary will have adequate financial support while in the United States. USCIS requires evidence of a financial supporter who is willing to provide for the beneficiary during their stay. Lack of sufficient evidence of financial support is a significant negative factor that can lead to the denial of a parole request.

USCIS assesses financial capacity by considering the Health and Human Services Federal poverty guidelines and any specific needs of the beneficiary.

Requirements for Financial Supporters

The financial supporter is responsible for providing financial assistance to the beneficiary throughout their authorized parole period in the U.S. This supporter may or may not be the same person as the petitioner. Each parole request must include a Form I-134, Declaration of Financial Support from the financial supporter. This form is used to demonstrate that they possess sufficient financial resources to support the beneficiary during their stay in the United States and that funds, even if overseas, are accessible for the beneficiary’s use within the U.S.

While there are no formal immigration status requirements for a financial supporter, having a more permanent status in the U.S., such as being a U.S. citizen or lawful permanent resident, can strengthen their ability to demonstrate sufficient support. Evidence of the financial supporter’s immigration status, such as a Permanent Resident Card (Green Card), Certificate of Naturalization, birth certificate, or U.S. passport, is relevant and should generally be included with the parole request.

It is important to carefully review the Form I-134 instructions for detailed guidance on the required evidence to prove sufficient income and financial resources. Examples of helpful evidence include pay stubs, the most recent tax return filed, or an employment letter.

Multiple Financial Supporters

If a single financial supporter cannot meet the financial requirements based on poverty guidelines and the beneficiary’s needs, multiple financial supporters can be indicated. In such cases, each supporter must submit a Form I-134 with supporting documentation, demonstrating their commitment and ability to jointly support the beneficiary.

Self-Financial Supporter

A beneficiary can also demonstrate self-sufficiency by submitting a Form I-134 along with their own financial documentation.

Organizations as Financial Supporters

In some instances, non-profit organizations or medical institutions may act as financial supporters. If an employee of the organization cannot complete Form I-134, a letter from the organization formally committing to financial support must be included with the parole application.

Eligibility Criteria for Parole

USCIS officers evaluate each parole request on a case-by-case basis, considering all submitted evidence and circumstances. Under Section 212(d)(5) of the INA, the petitioner bears the burden of proof to establish that parole should be authorized. Parole will only be granted if USCIS concludes, based on all available evidence, that:

Urgent Humanitarian Reasons or Significant Public Benefit: There must be compelling urgent humanitarian reasons or significant public benefit reasons for the beneficiary to be in the United States.
Favorable Exercise of Discretion: The beneficiary must warrant a favorable exercise of discretion by USCIS.

Urgent Humanitarian Reasons

The term “urgent humanitarian reasons” is not legally defined, allowing USCIS officers to consider a broad range of circumstances. Factors they consider include:

Pressing Nature of Circumstances: How immediate and critical is the situation?
Impact on Welfare and Well-being: What is the effect of the circumstances on the individual’s health and overall well-being?
Degree of Suffering without Parole: How much suffering might occur if parole is not granted?

Urgency can be demonstrated by situations requiring immediate action, such as the need for critical medical treatment or visiting, assisting, or supporting a family member in the end-of-life stage of an illness.

Significant Public Benefit

Similarly, “significant public benefit” is not strictly defined. It encompasses reasons related to law enforcement, national security, or foreign or domestic policy. USCIS officers assess the public benefit in each case.

While a beneficiary may personally benefit from parole, the focus is on the broader public benefit. For example, a beneficiary’s participation in legal proceedings can be considered a significant public benefit if their involvement is crucial for justice to be served.

Requests can sometimes be based on both humanitarian and public benefit reasons. An example is seeking parole for medical treatment involving experimental or trial treatments that could benefit a larger community in the U.S.

Determining Who Is Authorized Parole

USCIS makes discretionary decisions by weighing positive factors against negative factors in each case. Having urgent humanitarian reasons or demonstrating significant public benefit is a positive factor. USCIS evaluates the entire record, considering various discretionary factors, including:

Temporary Purpose: Can the parole purpose be achieved within a temporary timeframe?
Intent to Depart: Does the beneficiary intend to leave the U.S. when parole expires, or do they have a path to lawful immigration status?
National Security Concerns: Are there any national security concerns related to the beneficiary?
Criminal History or Immigration Violations: Does the beneficiary have a criminal history or past immigration violations?
History of Fraud: Has the beneficiary been involved in fraud previously?
Benefit to U.S. Community: Would the beneficiary’s presence benefit a U.S. citizen, lawful permanent resident, or community in the U.S.?
Financial Support: Will the beneficiary have sufficient financial support while in the U.S.?
Character Evidence: What is the beneficiary’s character?
Community Impact: What is the potential impact of the beneficiary’s presence on a U.S. community?
Alternative Means: Are there other means, besides parole, for the beneficiary to enter and remain in the U.S. for the stated purpose, such as obtaining a visa?

No single factor determines the outcome. Each parole decision is based on a comprehensive evaluation of all circumstances. USCIS retains the right to revoke parole at any time if it is deemed no longer necessary or if the parolee violates parole conditions.

Navigating the Parole Process: A Step-by-Step Guide

The parole process involves several key steps:

Step 1: Filing a Parole Request

The petitioner must first carefully read the instructions for Form I-131 and Form I-134. The application is then filed at the correct address or online if eligible. For electronic notifications, Form G-1145, E-Notification of Application/Petition Acceptance, can be included.

Upon proper filing with the fee (or fee waiver request), a receipt notice is issued, and the parole request is sent to the USCIS International and Refugee Affairs Division (USCIS-IRAD) for processing.

Following the receipt of Forms I-131 and I-134, applicants may receive:

A biometric services appointment notice (if required).
An interview notice (if required).
A decision notice.

USCIS encourages creating a USCIS online account to track case status, provide evidence, and view notices.

Step 2: USCIS Reviews the Request for Jurisdiction and Urgency (Triage)

Initial review focuses on jurisdiction and urgency. If USCIS has jurisdiction, they assess if there is a particularly urgent need for expedited processing. Requests outside of USCIS jurisdiction are transferred to the appropriate office.

Step 3: USCIS Officer Makes a Decision

A USCIS officer thoroughly reviews the request, including:

All supporting documents.
Mandatory security checks and vetting.
Issuance of a Request for Evidence (RFE) or Notice of Intent to Deny (if needed).
Documentation of the decision basis.
Preparation of decision notices.

Step 4: Supervisor or Designated Officer Reviews the Decision

All parole decisions undergo review by a supervisor or designated officer before finalization.

Step 5: USCIS Provides Notification of the Decision

Conditional Approval: If initially eligible, a conditional approval notice or continued processing notice is mailed to the petitioner and representative. This notice includes next steps, such as embassy appointments, biometrics, travel documents, and parole conditions. The relevant U.S. embassy or consulate is also notified. If the beneficiary is in a country without a U.S. embassy, USCIS must be notified once the beneficiary travels to a location with one.
Denial: A denial letter is mailed to the petitioner and representative.

Step 6: Issuance of Travel Documents (Conditional Approvals Only)

For conditionally approved requests, the beneficiary must complete Form DS-160, Application for a Nonimmigrant Visa, and attend an appointment at a U.S. embassy or consulate for identity verification and biometrics collection for security vetting. Beneficiaries 14 and older must provide biometrics. If vetting is successful, the consular section issues a boarding foil, valid for 30 days, allowing travel to the U.S. A boarding foil does not guarantee parole but allows the beneficiary to proceed to the next step.

Step 7: U.S. Customs and Border Protection (CBP) Paroles the Beneficiary into the United States (Conditional Approvals Only)

Upon arrival at a U.S. port of entry, a CBP officer inspects the beneficiary. If parole is authorized by CBP, they will issue Form I-94, Arrival/Departure Record, documenting the parole period. Parole begins when CBP grants it at the port of entry. After entering the U.S., the parolee may apply for employment authorization by filing Form I-765.

Failure to comply with parole conditions can lead to parole termination.

How to Apply for Parole: Essential Evidence and Filing

To apply for parole, petitioners must submit comprehensive evidence to demonstrate eligibility and warrant favorable discretion. Avoiding processing delays requires submitting all relevant supporting evidence upfront. While USCIS may issue an RFE for additional information, providing a complete application initially is beneficial.

In addition to Form I-131, Form I-134, and the filing fee (or fee waiver request), the following evidence should be included:

Detailed Explanation of Reasons for Parole: Clearly explain why parole is being requested.
Duration of Parole Needed: Specify the length of time parole is required.
Inability to Obtain a Visa: Detail why the beneficiary cannot obtain a U.S. nonimmigrant or immigrant visa, including:
- Details of any visa attempts (when and where).
- Visa denial letters (if applicable).
- Reasons for inability to obtain a waiver of inadmissibility and denial letters (if applicable).
Prior Immigration Petitions: Copies of any previously filed immigrant (Form I-130, Form I-140, Form I-360, etc.) or nonimmigrant petitions (if available).
Supporting Documents: Copies of documents supporting the request, including a government-issued ID showing citizenship. Birth certificates should include copies of both the front and back.
Petitioner and Financial Supporter Status: Copies of U.S. passports, Permanent Resident Cards, birth certificates, or other evidence of U.S. immigration status or citizenship for the petitioner and financial supporter (if applicable).

All foreign language documents must be accompanied by certified English translations. For specific types of parole requests, additional evidence may be required as outlined in the Guidance for Certain Types of Humanitarian or Significant Public Benefit Parole Requests.

Where to File

Applications must be mailed to the correct Direct Filing Addresses for Form I-131 to avoid processing delays. Refer to the Form I-131 webpage for detailed instructions on mailing or online submissions.

Processing Times and Expedited Requests

USCIS is currently experiencing a high volume of parole requests, leading to processing delays. Petitioners should anticipate longer processing times as USCIS works to address the backlog. Providing complete evidence with the initial application and in response to any RFE is crucial to minimize delays.

Expedited Processing

USCIS reviews all requests for urgency on a case-by-case basis, even without an expedite request. Expedited processing is at USCIS’s discretion. To request it:

Follow Form I-131 instructions.
Write “EXPEDITE” in black ink on paper applications or complete the expedite statement online.
Provide email, phone, and fax numbers.
Include a detailed explanation for the expedite request with supporting evidence.

Expedited processing is typically reserved for particularly urgent, time-sensitive situations, such as life-threatening emergencies. To request expedite processing after filing, submit evidence through your USCIS online account as “Unsolicited Evidence.” For paper filings, an “Online Access Code” is needed to link the case online. Evidence can also be mailed or emailed, including “expedite request” and the receipt number in the subject line.

What Happens if Parole is Denied?

If a parole request is denied and you believe the decision was incorrect, you can file a motion to request reconsideration, reopening, or both. This motion is filed using Form I-290B, Notice of Appeal or Motion, within 33 days of the denial notice, including the correct fee or a fee waiver request. Refer to 8 C.F.R. § 103.5 for motion requirements and the Form I-290B webpage for filing details.

Alternatively, if significant new facts relevant to the parole application emerge, a new Form I-131 can be filed with the fee or fee waiver request. There is no limit to the number of Form I-131 filings.

Traveling as a Parolee and Re-Parole

Leaving the United States

A parole document is valid for a single entry into the U.S. If a parolee leaves the United States, their parole ends upon departure. To travel abroad and return as a parolee, they must apply for advance parole using Form I-131 before leaving the U.S. Alternatively, they can apply for a visa or re-apply for parole from outside the United States to return.

Re-Parole

Parole is temporary. However, if continued presence in the U.S. is needed beyond the initial parole period, re-parole can be requested from within the United States.

To request re-parole:

Check the correct box (10 or 11) in Part 1 of Form I-131 and enter the “Admit Until Date” or “Parole Until Date” from Form I-94.
Include the required fees (or fee waiver request).
Submit evidence explaining the need for an additional parole period.

Form I-131 can be filed online for re-parole under specific programs, including for certain Afghans, Ukrainians, Filipino WWII veterans, immigrant military members, Central American Minors, and Family Reunification Task Force Process participants. File the re-parole request before the current parole period expires to allow processing time and avoid unlawful status.

In Conclusion

Parole is a discretionary tool within U.S. immigration law designed to address urgent humanitarian needs or provide significant public benefit by allowing temporary entry to individuals who may otherwise be inadmissible. It is a temporary authorization, not a formal admission, and requires a thorough application process with robust evidence to demonstrate eligibility and warrant favorable consideration by USCIS. Understanding the nuances of parole, the eligibility criteria, application process, and conditions is crucial for anyone seeking this form of temporary entry into the United States.

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