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USCIS Humanitarian Parole

by the AILA International Operations Liaison Committee

Background
Humanitarian parole is an extraordinary measure, used sparingly to bring someone, who
otherwise would not be admissible to the United States, for a temporary period of time due to
urgent circumstances or a compelling emergency. USCIS may grant parole temporarily:

• To anyone applying for admission into the U.S. based on urgent humanitarian reasons or
if there is a significant public benefit;

• For a period of time that corresponds with the length of the emergency or humanitarian
situation. 1

Requests for initial humanitarian parole can only be accepted for individuals who are currently
outside the United States, though once granted, the parolee may request an extension from within
the United States. “Parole in place,” which may be requested by individuals who are in the
United States without status is beyond the scope of this practice pointer.

The decision to grant humanitarian parole is discretionary. Parole is not an immigration benefit
akin to a visa or green card, nor can it be used to circumvent normal visa processes and
timelines. Parolees are not authorized to work in the United States and must depart the U.S. on or
before the expiration of parole as indicated on Form I-94.

How to File a Request for Humanitarian Parole


Any interested party, including the prospective parolee, sponsoring relative, or attorney can file
an application for humanitarian parole. 2 To apply for humanitarian parole, submit Form I-131
Application for Travel Document with the appropriate fee, Form I-134, Affidavit of Support, and
supporting documentation according to the filing instructions on the USCIS website. 3 Attorneys
should include a Form G-28, Notice of Entry of Appearance as Attorney or Representative for
each application.

Supporting documentation should include the following:

1
INA §212(d)(5)(A) authorizes the Secretary of the Department of Homeland Security (DHS) “in his discretion (to)
parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for
urgent humanitarian reasons or significant public benefit any alien applying for admission into the United States....”
Though Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) may also grant
humanitarian parole, this practice pointer is focused on USCIS humanitarian parole procedures. See Memorandum
of Agreement between USCIS, CBP and ICE (09/08) for detail:
http://www.ice.gov/doclib/foia/reports/parole-authority-moa-9-08.pdf
2
When an application is submitted for a child, the parent or legal guarding must give consent.
3
See http://www.uscis.gov/humanitarian/humanitarian-parole.

AILA Doc. No. 15071507. (Posted 07/15/15)


• A detailed explanation as to why the person is applying for humanitarian parole and
evidence of the applicant’s circumstances.
• Evidence demonstrating the length of time that the individual needs to be in the U.S.
(Note: Humanitarian parole is typically limited to one year).
• An explanation as to why the applicant cannot obtain a visa including:

o When and where the person applied for a visa; and


o If refused, a copy of the refusal letter.

• For requests pertaining to medical reasons, the application should include evidence from
a medical doctor stating the diagnosis, prognosis, the reasons why the applicant cannot
obtain treatment in his or her home or a neighboring country, the expected duration of
treatment, and the cost of treatment. The applicant should also include evidence of the
ability to pay for treatment and evidence that he or she can then afford to return to his/her
home country.

USCIS will not process the application until all documents are received so all supporting
documents should be included with the initial application. Once all documents are received, the
processing time is typically around 90 to120 days, however, expedited processing may be
requested. Examples of circumstances that may warrant expedited processing include:

• Medical emergency, generally involving life and death, where the person seeking parole
needs to enter the U.S. immediately;
• Person seeking parole needs to attend a civil court hearing that requires his/her presence
in the U.S. within the next 15 days; or
• Other urgent situation that requires immediate action. 4

If a receipt notice is not received within 30 days of filing, or if the decision on the parole
application is not received within 120 days, the applicant or the attorney may contact the USCIS
Parole Branch in writing at:

DHS/USCIS/IO
Attn: Humanitarian Affairs Branch (HAB)
20 Massachusetts Avenue NW 3rd Floor
HAB Mail Stop 2100
Washington, DC 20529-2100
Fax: (202) 272-8328

4
Requests for expedited parole because of the need to attend a criminal court hearing or if the person requesting
parole has been previously deported or removed from the U.S. or is currently in removal or deportation proceedings
should be directed to U.S. Immigration and Customs Enforcement at:

U.S. Immigration and Customs Enforcement


Homeland Security Investigations/Investigative Services Division
Parole and Law Enforcement Program Unit (PLEPU)
500 12th St SW, Mail Stop 5112
Washington, DC 20536

AILA Doc. No. 15071507. (Posted 07/15/15)


Please note that the Humanitarian Affairs Branch (HAB) uses its own database called CAMINO
to track cases and does not use CLAIMS. Therefore, the USCIS National Customer Service
Center 1-800 number will not have access to information about the case. Therefore, when
contacting HAB, be sure to include the case number, name and DOB of the applicant, the date
the application was filed, and a brief explanation of the basis for the humanitarian parole request.

HAB issues a “conditional approval” that is forwarded to the requested embassy or consulate and
is conditional upon successful biometrics and security checks. Once approved, the applicant will
receive a “boarding foil” for travel and an I-94 card that will permit the applicant to board the
plane without a visa. The parolee can apply for an extension of parole through a “re-parole”
request. Re-parole requests must be filed at least 90 days before the expiration of parole as noted
on the I-94 in accordance with the filing instructions on the USCIS website. There is no appeal
of the denial of a humanitarian parole application. However, a new application can be filed if
there are new facts that may warrant approval.

AILA Doc. No. 15071507. (Posted 07/15/15)

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