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Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Noncitizens who want to come to the United States may be granted temporary parole. It is issued at the discretion of the Secretary of the Department of Homeland Security (D.H.S.) under the Immigration and Nationality Act (section 212(d)(5) I.N.A.).
Parole grants temporary admission to an ineligible individual for a humanitarian or legal purpose. The parolees may receive temporary employment authorization if the U.S.C.I.S. thinks it serves the parole’s purpose.
Parole is not an immigration status and will not count as a formal admission into the U.S. for immigration purposes. It should not be used to avoid regular visa procedures or timelines. To obtain lawful immigration status, you must still apply for and receive a visa or other official form of permission from the U.S. government.
The U.S.C.I.S. grants immigration parole on a case-by-case basis. However, it is usually granted in the following three forms:
Other kinds of parole, such as military parole in-place and the Cuban Family Reunification Program, are only issued for specific individuals in certain circumstances.
The petitioner must present substantial evidence for the authorization of parole, which the U.S.C.I.S. will study before making a decision.
Significant public benefit parole is issued to noncitizens who are not admissible but are witnesses in court proceedings or are seeking experimental medical treatment.
The term “significant public benefit” does not have a legal or regulatory definition, so the U.S.C.I.S. may issue this parole for various reasons, such as law enforcement or foreign policy considerations.
The legal reason for an S.P.B. parole is important even though a beneficiary may experience personal advantages.
A public benefit may be the beneficiary’s participation in legal proceedings because justice can only be served when all relevant parties participate in the proceedings.
The U.S.C.I.S. considers various factors when deciding whether to grant parole based on a significant public benefit, including:
The decision of the U.S.C.I.S. is not determined by a single factor alone but by every factor surrounding the case.
Noncitizens can request humanitarian or significant public benefit parole for themselves or on behalf of others by filing Form I-131, Application for Travel Document, and Form I-134, Declaration of Financial Support. Those filing on behalf of a noncitizen don’t have to be U.S. residents or related to the beneficiary.
Every parole petition for humanitarian or significant public benefit reasons must include the following information:
The parole beneficiary or petitioner should provide the following evidence along with Form I-131 and I-134:
If the parole beneficiary or petitioner does not have the financial means to support themselves while in the U.S., they may opt for a financial supporter within the U.S. The financial supporter can be a person or an organization.
Parole is typically given for a limited duration to serve its intended purpose. For example, an individual may seek parole to participate in a court case. In this case, the U.S.C.I.S. will grant it for the duration required to attend the court proceedings.
The parole authorization period may end for the following reasons:
The U.S.C.I.S. can withdraw parole without prior notice if the noncitizen violates the parole conditions.
To request significant public benefit parole, you must follow these steps:
Once you have submitted your parole request, you will receive a receipt notice. The notice is a confirmation that the U.S.C.I.S. has received your request.
After reviewing your request, the U.S.C.I.S. will review all the supporting documents, conduct checks, and request further evidence. They will then make a decision.
The USCIS processing time for parole requests is typically ninety days. It may be longer if the U.S.C.I.S. officer requests more evidence.
If you are eligible for parole, the U.S.C.I.S. will issue you a conditional approval notice. The notice will inform you to complete Form DS-160, Application for a Nonimmigrant Visa.
The approval may also contain information about your biometric service appointment or interview. If your request is not approved, the U.S.C.I.S. will send you a letter explaining the reasons for the denial.
You should act as soon as possible to avoid missing out on any urgent humanitarian reason. If necessary, you may contact the relevant USCIS field office and request a decision within 30 days.
Immigrants can seek legal help at any stage of the application process for Significant Public Benefit Parole. A qualified immigration attorney will review your case and provide advice about how to increase your chances of being granted parole. They will also assist you in submitting a persuasive petition that meets all the eligibility criteria.
Significant public benefit parole can help you enter the U.S. to assist a terminally ill family member or attend court proceedings in a timely manner. Nevertheless, you must convince the U.S.C.I.S. that there is a significant public benefit, which may be challenging. It is advisable to consult an experienced immigration lawyer.
Our immigration attorney in Texas has the knowledge and skills to increase your chances for approval. The legal team at Andrew T. Thomas, Attorneys at Law is familiar with the different types of immigration parole and the factors that may affect the adjudication of a parole request.
We can guide you through the process and outline your options for a favorable outcome. We may also help you gather and submit the relevant supporting evidence to convince the U.S.C.I.S.