Case Details
Date Published:
January 1, 2023Attorneys
Emilio José Rodríguez ,Categories
Immigration,
HUMANITARIAN PAROLE
Overview
Humanitarian parole is a discretionary program that allows certain individuals who are otherwise inadmissible to the United States to be granted parole, or temporary admission, for urgent humanitarian reasons or significant public benefit. The program is administered by the U.S. Citizenship and Immigration Services (USCIS). There are several humanitarian parole programs available in the U.S., including:
Haitian Family Reunification Parole Program: This program allows certain eligible Haitian beneficiaries of approved family-based immigrant petitions who are still waiting for their immigrant visas to be reunited with their U.S. citizen or lawful permanent resident family members in the United States.
Cuban Family Reunification Parole Program: This program is similar to the Haitian Family Reunification Parole Program but applies to certain eligible Cuban beneficiaries of approved family-based immigrant petitions.
International Medical Graduate (IMG) Program: This program allows certain foreign medical graduates who are otherwise ineligible to enter the United States to be granted parole for the purpose of participating in a U.S. medical residency program.
Significant Public Benefit Parole Program: This program allows certain individuals who are considered to provide a significant public benefit to the United States to be granted parole, including individuals who are needed to testify in legal proceedings or assist with criminal investigations.
Other Humanitarian Parole Programs: In addition to the programs listed above, USCIS may also grant humanitarian parole on a case-by-case basis for other urgent humanitarian reasons or significant public benefit.
On January 5, 2023, the U.S. Department of Homeland Security (DHS) announced a new humanitarian parole process for Cubans, Venezuelans, Haitians, and Nicaraguans. This is an expansion of the program launched for Venezuelan nationals in October 2022. Beneficiaries approved on a case-by-case basis receive up to two years of parole and advanced authorization to travel to the United States, along with the ability to apply for work authorization once they arrive in the country. Under this new process, DHS will approve up to 30,000 beneficiaries per month across all four nationalities. To participate, eligible beneficiaries must have a supporter in the United States; undergo and clear robust security vetting; and warrant a favorable exercise of discretion. Beneficiaries must also be outside the United States; be a national of Cuba, Haiti, Nicaragua, or Venezuela (and no other countries); or be an immediate family member (spouse, common-law partner, and/or unmarried child under the age of 21) who is traveling with an eligible Cuban, Haitian, Nicaraguan, or Venezuelan; and have a U.S.-based supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed.
It’s important to note that humanitarian parole is a discretionary program, and not everyone who applies is granted parole. Applicants must provide sufficient evidence to support their case, and USCIS reviews each application on a case-by-case basis.
The Challenge
Applying for humanitarian parole in the U.S. can be a challenging process, and applicants may face several hurdles. Some of the challenges that an applicant may face when filing for humanitarian parole include:
Eligibility requirements: Each humanitarian parole program has its own eligibility requirements, and applicants must meet all of the criteria in order to be considered for parole. Meeting these requirements can sometimes be difficult, particularly if an applicant’s situation is complex or if there are issues with their documentation.
Evidence requirements: In order to be granted humanitarian parole, applicants must provide evidence to support their case. This may include medical records, affidavits, letters of support, or other documentation. Gathering and presenting this evidence can be time-consuming and may require the assistance of an attorney or other expert.
Discretionary nature of the program: Humanitarian parole is a discretionary program, which means that USCIS has the authority to grant or deny parole on a case-by-case basis. This can make it difficult to predict whether an application will be approved, even if an applicant meets all of the eligibility requirements and presents strong evidence to support their case.
Processing times: The processing times for humanitarian parole applications can vary depending on the program and the complexity of the case. Some applications may be processed quickly, while others may take several months or even years. This can be particularly challenging for applicants who are in urgent need of parole.
Cost: There is a fee associated with filing a humanitarian parole application, which can be a barrier for some applicants, particularly those who are already facing financial difficulties.
Language and cultural barriers: Applicants who do not speak English as their first language or who are not familiar with the U.S. legal system may face additional challenges in navigating the application process and presenting their case effectively.
Overall, filing for humanitarian parole in the U.S. can be a complex and challenging process, and applicants may benefit from seeking the assistance of an experienced attorney or other expert to help them navigate the process and present their case effectively.
Why You Need an Attorney
Hiring an experienced immigration attorney can provide several benefits when applying for humanitarian parole in the U.S., including:
Knowledge of the law: Immigration attorneys are familiar with the immigration laws and regulations that govern humanitarian parole, and they can help applicants navigate the complex legal requirements of the application process.
Experience with the process: Immigration attorneys have experience with the humanitarian parole application process and can help applicants understand what to expect at each stage of the process.
Assistance with documentation: Immigration attorneys can help applicants gather and present the necessary documentation to support their case, including medical records, affidavits, and letters of support.
Representation in legal proceedings: If an applicant’s case requires a hearing or other legal proceeding, an immigration attorney can represent them in court and advocate on their behalf.
Faster processing times: An experienced immigration attorney can help ensure that an applicant’s application is complete and meets all of the requirements, which can help speed up the processing time and reduce the likelihood of delays or denials.
Increased chances of success: Hiring an immigration attorney can increase an applicant’s chances of success by providing them with the guidance and support they need to present a strong case and address any issues that may arise during the application process.
Overall, hiring an immigration attorney can provide significant benefits for applicants seeking humanitarian parole in the U.S. and can help ensure that their case is presented in the strongest possible way.