Significant Public Benefit Parole

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.

When Does the USCIS Grant Immigration Parole?

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:

Advance Parole: issued to noncitizens who applied to adjust their status but want to temporarily leave the United States.
Humanitarian parole: issued to noncitizens based on urgent humanitarian reasons. For example, for necessary medical treatment or a family emergency.
Significant public benefit parole: issued to noncitizens whose admission may offer significant public benefits, such as in legal proceedings. More details are discussed below.

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

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.

How Is Significant Public Benefit Parole Authorized?

The U.S.C.I.S. considers various factors when deciding whether to grant parole based on a significant public benefit, including:

Evidence of the beneficiary’s character
The benefit of parole to the U.S. public
The beneficiary’s intention to leave the U.S. before the expiration date of the parole
The level of financial support available to the beneficiary
Whether the beneficiary can obtain lawful status before the parole expires
Whether the beneficiary has a criminal history or immigration violation
Whether the beneficiary has been previously engaged in fraudulent acts
Whether parole raises a concern for national security

The decision of the U.S.C.I.S. is not determined by a single factor alone but by every factor surrounding the case.

How Do You Request a Significant Public Benefit Parole?

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 petitioner’s identity
The beneficiary’s identity
The financial supporter’s identity

Types of Evidence Needed When Making a Parole Request

The parole beneficiary or petitioner should provide the following evidence along with Form I-131 and I-134:

A clear and valid government-issued photo I.D. displaying your full name and date of birth. (e.g., passport identity page, current Employment Authorization Document, or valid driver’s license)
Evidence of citizenship or U.S. immigration status (e.g., copy of U.S. passport, a valid visa or permanent resident card, or U.S. birth certificate)
Evidence of finances to support beneficiary throughout the parole period (e.g., bank statement, tax records)
A written statement from a U.S. doctor explaining experimental treatment
Court documents
Documents showing how the beneficiary will pay for experimental treatment, if applicable

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.

How Long Is Immigration Parole?

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 parole expired
The parolee leaves the U.S.
The parolee obtains lawful immigration status
When the U.S.C.I.S. withdraws the parole

The U.S.C.I.S. can withdraw parole without prior notice if the noncitizen violates the parole conditions.

Significant Public Benefit Parole Process

To request significant public benefit parole, you must follow these steps:

Complete Form I-131
Complete Form I-134
Attach the necessary evidence and supporting financial documentation
Pay the filing fee (unless you have requested a fee waiver)
Submit the parole request

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.

Andrew T. Thomas, Attorneys at Law Can Help

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.