Emergency Humanitarian Parole

YOU MAY BE ELIGIBLE TO COME TO THE UNITED STATES WITHOUT A VISA OR AFTER DEPORTATION

HUMANITARIAN PAROLE

Humanitarian parole is an extraordinary measure designed to help beneficiaries enter the United States when they are otherwise inadmissible or unable to acquire a visa. Humanitarian Parole enables beneficiaries to legally enter the United States on a temporary basis for urgent humanitarian purposes. Beneficiaries can enter the United States for the following purposes:
• obtain medical treatment;
• attend funerals;
• visit seriously ill family members;
• testify in court cases; and
• other urgent humanitarian reasons.

Applicants must file with the USCIS or ICE in the event that they have prior deportations. Humanitarian parole is discretionary and an unfavorable decision cannot be appealed. An experienced attorney can help beneficiaries establish a compelling legal argument supported by facts and evidence.

INA §212(d)(5) grants U.S. Customs and Border Protection (CBP) the discretion to permit noncitizens to enter the United States upon inspection at a port of entry when they are otherwise inadmissible. Applicants must demonstrate that they seek to enter the United States for urgent humanitarian reasons or to establish a significant public benefit.
CBP has the policy of using discretion on a case-by-case basis in cases of undue hardship or where refusal of admission would result in detention. CBP officers apply the “Discretionary Authority Checklist for Alien Applicants” to determine whether they will grant a parole request as a matter of discretion. Some of the factors include the following:

• identity/citizenship;
• age and health;
• intended purpose of entry (emergency, medical, pleasure, business, or official);
• previous immigration violations or inadmissibility and previous beneficiary of discretion;
• criminal record; and
• additional factors.



Port parole is a remedy of last resort and aliens should not pursue port parole in order to circumvent immigration visa processing. Although it is not possible to apply for port parole prior to appearing at the border, an attorney can contact the port in advance to outline the basis for the parole as well as submit factual evidence.
Terms such as “urgent humanitarian reasons” and “significant public benefit” are terms of art. An experienced immigration attorney can help applicants establish an effective legal argument. Attorneys can also speak with supervisors and port directors to facilitate the process prior to arriving at the border.