What is Parole? Understanding U.S. Immigration Parole

Parole, in the context of U.S. immigration law, is a discretionary authorization granted by U.S. Citizenship and Immigration Services (USCIS). It allows individuals who may be inadmissible to the United States to temporarily enter and be physically present within the country. It’s crucial to understand that parole into the United States does not constitute formal admission under immigration law.

The legal basis for parole is found in the Immigration and Nationality Act (INA), specifically section 212(d)(5). This section grants the Secretary of Homeland Security the authority to parole individuals into the U.S. temporarily for urgent humanitarian reasons or significant public benefit.

Parole is not intended to circumvent standard visa procedures, bypass inadmissibility waiver processes, or replace established refugee channels. It is a distinct process designed to address specific and temporary situations.

Key Terminology in Parole

To better understand the process, let’s clarify some essential terms:

Petitioner: This is the individual who submits Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record, on behalf of someone outside the U.S. seeking parole. An individual can also be a “self-petitioner” if they are filing Form I-131 for themselves.
Beneficiary: The beneficiary is the individual located outside the U.S. who is seeking parole. If an individual is self-petitioning, they are both the petitioner and the beneficiary. Upon being granted parole at a port of entry, the beneficiary becomes a “parolee.”
Financial Supporter: A financial supporter is someone who commits to providing financial assistance to the beneficiary during their parole period in the U.S. They formalize this commitment by filing Form I-134, Declaration of Financial Support.
Parolee: This term refers to an individual who has been granted parole and has been paroled into the United States at a port of entry.

Duration of Parole

USCIS specifies the length of parole on a case-by-case basis, aiming for a temporary period that aligns with the purpose of the parole. While parole duration is typically no more than one year, longer periods may be authorized depending on the specific circumstances. For example, parole might be granted to allow an individual to attend a court proceeding, in which case the duration would likely match the necessary time frame for the proceedings.

Parole automatically concludes when any of the following occurs first:

The parole period expires.
The parolee departs the United States.
The parolee obtains a formal immigration status in the U.S.

It’s also important to note that USCIS may impose conditions on parole, such as reporting obligations. Furthermore, parole can be revoked at any time, without prior notice, if USCIS determines it is no longer warranted or if the parolee fails to meet any conditions of their parole.

Employment Authorization for Parolees

While parole does not automatically grant the right to work in the United States, parolees may be eligible for temporary employment authorization. USCIS retains the discretion to grant this authorization if it aligns with the purpose and duration of the parole.

To request permission to work, 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 for yourself or on behalf of another individual. To do so, you must file Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record.

A petitioner is someone filing Form I-131 for a beneficiary who is currently outside the United States. Importantly, the petitioner does not need to be a U.S. resident or related to the beneficiary. Individuals outside the U.S. can also self-petition for parole.

The Role of a Financial Supporter

Demonstrating adequate financial support for the beneficiary while they are in the United States is a critical factor in the parole determination process. USCIS requires evidence that a financial supporter is willing and able to provide for the beneficiary during their stay. Lack of sufficient financial support is a significant negative factor and can lead to the denial of a parole request.

When assessing financial capacity, USCIS considers the Health and Human Services Federal poverty guidelines and any specific needs of the beneficiary. This evaluation ensures that adequate resources are in place to support the beneficiary during their parole period.

Requirements for Financial Supporters

A financial supporter commits to financially supporting 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 requires a Form I-134, Declaration of Financial Support from the financial supporter. This form is used to assess their financial resources and ability to support the beneficiary, including access to funds if they are located overseas.

While there are no strict immigration status requirements for financial supporters, those with more permanent status in the U.S., such as lawful permanent residents or U.S. citizens, may find it easier to demonstrate their ability to provide support. Evidence of the financial supporter’s immigration status or citizenship in the U.S. (e.g., Green Card, naturalization certificate, birth certificate, or U.S. passport) should be included with the parole request.

It is essential to carefully review the Form I-134 instructions to understand the required evidence for demonstrating sufficient income and financial resources. Examples of helpful evidence include pay stubs, recent tax returns, or an employer letter.

Multiple Financial Supporters

If a single financial supporter cannot demonstrate sufficient means to support the beneficiary based on the poverty guidelines and the beneficiary’s needs, multiple financial supporters are permitted. In such cases, each financial supporter must submit a Form I-134, Declaration of Financial Support, along with supporting documentation.

Self-Financial Support

Beneficiaries can also demonstrate their own financial self-sufficiency. In this case, the beneficiary submits Form I-134, Declaration of Financial Support, along with their own financial documentation.

Organizations as Financial Supporters

In some instances, nonprofit 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 committing to financial support for the beneficiary should be included with the parole application.

Parole Eligibility Criteria

USCIS officers evaluate each parole request individually, considering all submitted evidence and circumstances on a case-by-case basis, as outlined in 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 the evidence, that:

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

Urgent Humanitarian Reasons Explained

The term “urgent humanitarian reasons” is not legally defined. USCIS officers consider various factors to determine urgency, including:

The pressing nature of the circumstances.
The impact of the circumstances on the individual’s well-being.
The potential degree of suffering if parole is denied.

Urgency can be demonstrated by establishing a need for time-sensitive action in the U.S., such as:

Seeking critical medical treatment.
Visiting, assisting, or supporting a family member facing a terminal illness or end-of-life stage.

The specific factors considered for urgent humanitarian reasons depend on the type of parole request. Further guidance is available for specific types of requests in “Guidance for Certain Types of Humanitarian or Significant Public Benefit Parole Requests.”

Significant Public Benefit Explained

Similarly, “significant public benefit” lacks a statutory definition. Parole for significant public benefit encompasses, but is not limited to, reasons related to:

Law enforcement.
National security.
Foreign or domestic policy considerations.

USCIS officers assess all circumstances presented in each case. While the beneficiary may personally benefit from parole, the legal standard focuses on the public benefit of granting parole. For instance, a beneficiary’s participation in legal proceedings could be considered a significant public benefit if their involvement is essential for justice to be served.

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

Factors in Determining Parole Authorization

USCIS exercises discretion on a case-by-case basis, weighing positive factors against negative factors. Having urgent humanitarian reasons or significant public benefit is a positive factor, but it is balanced against any negative factors present in the case. A comprehensive review of the record is undertaken.

Common discretionary factors evaluated by USCIS include:

Whether the parole purpose can be achieved within a specific, temporary timeframe.
The beneficiary’s intent to depart the U.S. upon parole expiration, or their ability to obtain lawful immigration status during the parole period.
Any national security concerns.
Criminal history or prior immigration violations.
Past involvement in fraud.
Whether the beneficiary’s presence would benefit a U.S. citizen, lawful permanent resident, or community in the U.S.
Availability of sufficient financial support in the U.S.
Evidence of the beneficiary’s character.
The impact of the beneficiary’s presence on a U.S. community.
Availability of alternative means, other than parole, for the beneficiary to travel to and remain in the U.S. for the stated purpose (e.g., visa eligibility).

No single factor is decisive. Each parole decision is based on the totality of circumstances in the case. USCIS retains the right to revoke parole at any time if it is deemed no longer necessary or if the parolee violates parole conditions.

The Parole Application Process: A Step-by-Step Guide

Here’s an overview of the U.S. immigration parole process:

Step 1: Submitting a Parole Request

Thoroughly review the instructions for Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record and Form I-134, Declaration of Financial Support.
File the application at the correct address specified for Form I-131 or online if you meet the eligibility requirements for online filing and are not requesting a fee waiver.
To receive email or text notifications upon form acceptance, complete Form G-1145, E-Notification of Application/Petition Acceptance, and attach it to the front of the application.

Upon proper filing with the required fee (or fee waiver request), you will receive a receipt notice from the Lockbox confirming receipt and that the request has been forwarded to the USCIS International and Refugee Affairs Division (USCIS-IRAD) in Washington, D.C., for processing.

Subsequently, you may receive:

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

For case status updates, providing additional evidence, or viewing notices, you can create a USCIS online account.

Step 2: Initial Review – Jurisdiction and Urgency (Triage)

USCIS conducts an initial review to confirm jurisdiction and assess if there is an urgent need for expedited processing. If the request falls outside of their jurisdiction, it will be transferred to the appropriate office.

Step 3: USCIS Officer Decision

A USCIS officer will review the parole request, including:

Examining the request and all supporting documents.
Conducting mandatory security checks and vetting.
Issuing a Request for Evidence (RFE) or Notice of Intent to Deny (if necessary).
Documenting the basis for the decision.
Preparing the decision notice(s).

Step 4: Supervisory Review

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

Step 5: Decision Notification

Conditional Approval (Initially Eligible): If the beneficiary initially appears eligible, a conditional approval notice or continued processing notice will be mailed to the petitioner and representative (if applicable). This notice will detail next steps, such as scheduling a U.S. embassy appointment, biometrics collection, obtaining travel documents, and any parole conditions. The relevant U.S. embassy or consulate nearest to the beneficiary’s residence will also be notified. If the beneficiary is in a country without a U.S. embassy or consulate, USCIS must be notified once the beneficiary travels to a location with one before processing can continue.
Denial: A denial letter will be mailed to the petitioner and representative of record.

Step 6: Travel Document Issuance (Conditional Approvals)

If conditionally approved, the beneficiary must complete Form DS-160, Online Nonimmigrant Visa Application, and attend an interview at a U.S. embassy or consulate for identity verification and biometrics collection for further security vetting. Biometrics are required for beneficiaries aged 14 and older. If no adverse information is found, the consular section will issue a boarding foil, allowing travel to the U.S. within 30 days of issuance. A boarding foil does not guarantee parole, but permits travel to the U.S. for the final step.

For those receiving continued processing notices due to the beneficiary’s location without a U.S. embassy or consulate, USCIS must be notified when the beneficiary reaches a location with one to proceed with the required steps.

Step 7: CBP Parole at Port of Entry (Conditional Approvals)

Upon arrival at a U.S. port of entry, a CBP officer will inspect the beneficiary. If CBP authorizes parole, they will issue Form I-94, Arrival/Departure Record, documenting the parole period. Parole officially begins when CBP grants parole at the port of entry. After arrival, the parolee can apply for employment authorization by filing Form I-765, Application for Employment Authorization.

Failure to comply with parole conditions outlined in the approval notice may result in parole termination.

How to Apply for Parole: Required Evidence

To apply for parole, you must submit the following:

Essential Evidence:

In addition to Form I-131, Form I-134, and the filing fee (or fee waiver request), you must provide evidence to demonstrate eligibility and warrant favorable discretion. Submitting all relevant supporting evidence initially can prevent processing delays. USCIS may issue a Request for Evidence (RFE) for additional information if needed.

Required evidence includes:

Detailed Explanation of Parole Reasons: A comprehensive explanation of why parole is being requested.
Requested Parole Duration: A clear explanation of the necessary length of parole.
Inability to Obtain a U.S. Visa: Detailed reasons why the beneficiary cannot obtain a U.S. nonimmigrant or immigrant visa, including:
- Details of any attempts to obtain a visa (when and where).
- Copies of visa denial letters, if applicable.
- Explanation of why any required inadmissibility waivers cannot be obtained and copies of denial letters, if applicable.
Prior Immigration Petitions (If Applicable): Copies of any previously filed immigrant (Form I-130, Form I-140, Form I-360, etc.) or nonimmigrant petitions for the beneficiary, if available.
Supporting Documents: Copies of documents supporting the request, including a clear, legible copy of government-issued identification indicating citizenship.
- For birth certificates, submit copies of both the front and back of the original.
Petitioner and Financial Supporter Status Evidence (If Applicable): Copies of U.S. passports, Permanent Resident Cards (Green Cards), birth certificates, or other evidence of valid U.S. immigration status or citizenship for the petitioner and financial supporter, where applicable.

Translation Requirements:

Any foreign language documents must be accompanied by a complete English translation and a certification from the translator confirming their competence and the accuracy of the translation.

Additional Evidence for Specific Parole Types:

Refer to “Guidance for Certain Types of Humanitarian or Significant Public Benefit Parole Requests” for information on additional evidence that may support specific types of parole requests.

Where to File Your Application:

Consult the “Direct Filing Addresses for Form I-131” page for the correct mailing address. Submitting to the wrong address may cause processing delays. Refer to the Form I-131 webpage for detailed instructions on mail and online submissions.

Parole Processing Times and Expedited Requests

USCIS is currently experiencing a very high volume of parole requests, leading to processing delays. While they aim to process requests efficiently, petitioners should anticipate delays. USCIS is working to reduce processing times to normal levels.

To avoid delays, it is crucial to submit all required supporting evidence with the initial application and in response to any Request for Evidence (RFE).

Expedited Processing:

USCIS reviews all requests for urgency on a case-by-case basis, even without an expedite request. USCIS has sole discretion to grant expedite requests. If expedited processing is deemed appropriate, the request will be prioritized. Individual responses to expedite requests are not routinely provided.

To request expedited processing:

Follow the Form I-131 instructions.
Write “EXPEDITE” in black ink in the top right corner of paper Form I-131 or complete the expedite statement online.
Include email, phone, and fax numbers for communication.
Provide a detailed explanation of the urgent need for expedite and any supporting evidence.

Expedited processing is generally reserved for particularly urgent or time-sensitive situations, such as life-threatening emergencies. You must demonstrate that your parole request meets this high threshold.

If circumstances have changed since the initial filing and there is an urgent need for expedite, you can submit an expedite request and supporting evidence through your USCIS online account by selecting “Unsolicited Evidence.” If you filed by paper, you will need an “Online Access Code” to link your case. Evidence can also be mailed or emailed to the address on your Receipt of Request for Parole notice, including “expedite request” and the receipt number in the subject line of emails. Submitting evidence online is recommended for faster processing.

Delays and Required Evidence:

Failing to submit required evidence or needing to respond to an RFE will significantly extend processing times.

What Happens If Parole Is Denied?

If your parole request is denied and you believe the decision was incorrect, you can file a motion to request reconsideration, reopening, or both.

Motions are governed by 8 C.F.R. § 103.5. File Form I-290B, Notice of Appeal or Motion, within 33 days of the denial notice date, including the correct fee or a fee waiver request. The 33-day period includes 3 days for mail service. The Form I-290B webpage provides filing location and other requirements. Fee information and fee waiver eligibility are available on the Fee Schedule page. Include a copy of the denial notice with Form I-290B.

Alternatively, if significant new facts relevant to the parole application exist, you may file a new Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record, with the fee or a fee waiver request (Form I-912). There is no limit to the number of Form I-131 filings.

Travel for Parolees: Leaving and Re-entering the U.S.

A parole document issued outside the U.S. is valid for a single entry for parole at a port of entry. If a parolee leaves the U.S., their parole automatically terminates upon departure.

To travel abroad and return to the U.S. as a parolee, you must apply for advance parole using a new Form I-131 before leaving the United States. Instructions for advance parole are in the Form I-131 instructions. Alternatively, individuals can apply for a visa or request parole again from outside the U.S. to return.

Re-Parole: Extending Your Stay

Parole is temporary. However, if there is a need to remain in the U.S. beyond the initial parole period, you can request re-parole from within the United States.

To request re-parole:

Check the appropriate box (type 10 or 11) in Part 1 of Form I-131.
Enter the “Admit Until Date” or “Parole Until Date” from your Form I-94 in Part 1, question 12.
Include the required fees (or a fee waiver request using Form I-912).
Submit materials and evidence justifying the need for an extended parole period.

Form I-131 can be filed online for re-parole under specific programs, including:

Certain Afghans Paroled into the United States After July 31, 2021
Certain Ukrainians Paroled into the United States After Feb. 24, 2022
Filipino World War II Veterans Parole Program
Immigrant Military Members and Veterans Initiative
Central American Minors Program
Family Reunification Task Force Process

To receive email or text notifications upon form acceptance, complete Form G-1145 and attach it to the front of the application.

File the re-parole request before the current parole period expires to allow sufficient processing time and avoid accruing unlawful presence. Check the “Direct Filing Addresses for Form I-131” page for the correct mailing address.

Related Resources

Forms:

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