Humanitarian Parole

T

Tony12

New Member
From USCIS website:

Parole allows an individual who may be inadmissible or otherwise ineligible for admission into the United States to be in the United States for a temporary period for urgent humanitarian reasons or significant public benefit.

Eligibility
You may apply for humanitarian parole if you have a compelling emergency and there is an urgent humanitarian reason or significant public benefit to allowing you to temporarily enter the United States. Anyone can file an application for humanitarian parole. If you do not have an urgent humanitarian reason for your visit, you must follow the normal visa issuing procedures set by the Department of State.

You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures.

---------------------------------------------------------------------------------------------------------------------------------------

The language is confusing.

First is states "individual who may be inadmissible or otherwise ineligible for admission"

Then,

Secondly states, "Anyone can file an application for humanitarian parole."
but, "If you do not have an urgent humanitarian [need, then]
you must follow the normal visa issuing procedures"

The statements seem to conflict. What does "may be inadmissible or otherwise ineligible for admission" mean if anyone with an "urgent humanitarian need can apply?" And if you don't have an urgent humanitarian need, then you "must follow the normal visa issuing procedures." Directing you to follow the "normal visa issuing procedures" if you do not have an urgent humanitarian need implies that you are not "inadmissible or otherwise ineligible for admission."
 
Obviously if you already have the appropriate visa and are eligible to be admitted on that visa, then you would just seek admission; you wouldn't need to be paroled. So only people who can't go through the normal visa and admission process (at least not within the urgency that they need) would apply for humanitarian parole.

Someone who doesn't have an urgent humanitarian need isn't eligible for humanitarian parole. So the only possibility for them to enter the US is through a normal admission. They might be eligible to get a visa and be admitted, or they might not, depending on the facts of their case. The word "inadmissible" might be interpreted in different ways. You could argue that, technically, someone who doesn't have the appropriate visa but is eligible for one is "inadmissible", since they need the visa to be admitted. So if the person gets the visa then they are no longer inadmissible. Or, someone could have a ban that makes them inadmissible, but they might get a waiver through the visa process, so they are no longer inadmissible. And yes, there are also a lot of people who are not eligible for a visa, because they have a ban that is not waived, or have immigrant intent, or there is no visa type that is appropriate for their activity, etc., and therefore there is no procedure that will allow them to be admitted to the US.
 
Thanks for the explanation. I considered "at least not within the urgency that they need" as a possible explanation, but the description is not clear as that being the case for someone who can go through the normal visa process.

Here's the situation:

USC (naturalized) parents. Son and his wife (Mexican citizens) lived in Mexico. Son/wife were not USC (nor LPR). Son and wife died in car wreck. USC grandparents need to bring grandchild (Mexican citizen) to U.S. The grandchild has two siblings who are already with the grandparents b/c the two siblings are USC's (born in the U.S.) The USC grandparents have been granted custody of the grandchild by the Mexican govt. and have been alternating going to Mexico to stay with grandchild in the deceased son/wife's home.

Seems to me that humanitarian parole would apply. Also seems that an expedited B-2 may be available. However, the grandparents have the intent for the grandchild to immigrate - at some point in some way.

So there are two needs:
1) Immediate need to get the grandchild with the grandparents
2) long term need to have the grandchild permanently with the grandparents

Would having custody and the long term "intent to immigrate" adversely affect getting the grandchild with the grandparents through humanitarian parole or B-2?
 
newacct said:
Obviously if you already have the appropriate visa and are eligible to be admitted on that visa, then you would just seek admission; you wouldn't need to be paroled. So only people who can't go through the normal visa and admission process (at least not within the urgency that they need) would apply for humanitarian parole.

Someone who doesn't have an urgent humanitarian need isn't eligible for humanitarian parole. So the only possibility for them to enter the US is through a normal admission. They might be eligible to get a visa and be admitted, or they might not, depending on the facts of their case. The word "inadmissible" might be interpreted in different ways. You could argue that, technically, someone who doesn't have the appropriate visa but is eligible for one is "inadmissible", since they need the visa to be admitted. So if the person gets the visa then they are no longer inadmissible. Or, someone could have a ban that makes them inadmissible, but they might get a waiver through the visa process, so they are no longer inadmissible. And yes, there are also a lot of people who are not eligible for a visa, because they have a ban that is not waived, or have immigrant intent, or there is no visa type that is appropriate for their activity, etc., and therefore there is no procedure that will allow them to be admitted to the US.
Click to expand...
Thanks for the explanation. I considered "at least not within the urgency that they need" as a possible explanation, but the description is not clear as that being the case for someone who can go through the normal visa process.

Here's the situation:

USC (naturalized) parents. Son and his wife (Mexican citizens) lived in Mexico. Son/wife were not USC (nor LPR). Son and wife died in car wreck. USC grandparents need to bring grandchild (Mexican citizen) to U.S. The grandchild has two siblings who are already with the grandparents b/c the two siblings are USC's (born in the U.S.) The USC grandparents have been granted custody of the grandchild by the Mexican govt. and have been alternating going to Mexico to stay with grandchild in the deceased son/wife's home.

Seems to me that humanitarian parole would apply. Also seems that an expedited B-2 may be available. However, the grandparents have the intent for the grandchild to immigrate - at some point in some way.

So there are two needs:
1) Immediate need to get the grandchild with the grandparents
2) long term need to have the grandchild permanently with the grandparents

Would having custody and the long term "intent to immigrate" adversely affect getting the grandchild with the grandparents through humanitarian parole or B-2?
 
You must log in or register to reply here.
Top