When foreign nationals are unable to obtain a visa to enter the United States, they may still be able to enter the U.S. by applying for Humanitarian Parole. Anyone can apply for humanitarian parole, but only those with true emergencies, certain medical situations, or public interest reasons will be approved. Ill family members, funerals, and medical help are the most common reasons listed on applications for Humanitarian Parole.
An application for Humanitarian Parole should include as much supporting evidence as possible to substantiate the reason for the request. This required evidence includes a through explanation of why a person believes they should be granted Humanitarian Parole, letters from a doctor or other health care professionals, previous attempts to obtain a visa, etc. A person should also provide a written explanation of how they will pay the costs associated with their trip to the U.S.
A person must designate an urgent humanitarian reason for their visit. If an urgent humanitarian reason does not exist, then they must apply for a visa at the U.S. Embassy having jurisdiction over their residence pursuant to the Department of State’s requirements.
Though there is no specific required emergency or humanitarian purpose necessary to apply for Humanitarian Parole, it is most commonly requested when there are medical issues. To apply for Humanitarian Parole for medical reasons, a person should at a minimum submit the following to the U.S. Citizenship and Immigration Service (USCIS):
An explanation from a medical doctor stating the diagnosis and prognosis, and how long the treatment is expected to last;
Proof that the applicant cannot obtain treatment in their home country or in a neighboring country;
The estimated cost of the treatment and an explanation on how the treatment will be paid for, including an Affidavit of Support
USCIS has total discretion when it comes to whether or not to grant a person Humanitarian Parole. The approval process for Humanitarian Parole typically takes between 60 and 120 days. If, however, your request is especially time sensitive (a relative is about to die, for example), the process may be expedited. If approved for Humanitarian Parole, you will be given a set amount of time during which you can remain in the U.S. It is crucial that you leave the U.S. before your allotted time expires or you may find yourself at the center of a removal proceeding.
If your application for Humanitarian Parole is denied, there is no formal appeal process. However, if your circumstances have changed since your initial application, you may be able to re-apply. A knowledgeable immigration attorney can help you determine how to move forward if your application for humanitarian parole has been denied.
It is true that anyone can submit an application for Humanitarian Parole. However, as a practical matter, if a visa is otherwise available, such as a tourist visa, the USCIS will likely deny such a request. The USCIS is adamant that a person may not apply for Humanitarian Parole as a way of avoiding normal procedures regarding the issuance of visas.
A person may not submit an initial request for Humanitarian Parole if they are inside the U.S. Rather, the USCIS will only approve such a request for people who are outside the U.S. and will be obtaining the visa at a U.S. Embassy abroad. However, a person may apply to extend their Humanitarian Parole despite residing in the U.S.
Will the parolee have a means of support during his or her stay in the United States? This is an important question, and the answer will factor heavily into whether or not the application for parole is approved. The person who agrees to financially support a parolee during his or her stay in the U.S. on Humanitarian Parole is called a sponsor. The financial sponsor must submit an Affidavit of Support and show sufficient financial resources to support the parolee during his or her stay.
Following the foreign fiancé(e)’s admission to the U.S., they are required to marry their U.S. citizen petitioner within 90 days. The failure to marry within 90 days will require the foreign fiancé(e) to depart the U.S. and they will have to apply for a new visa to return to the U.S. Assuming the marriage does take place within 90 days though, the foreign fiancé(e) may then file an application for adjustment of status.
It is imperative that all requests for Humanitarian Parole be well documented with compelling and persuasive evidence. Remember that the USCIS will not approve an application unless they are convinced of an urgent humanitarian reason for the visit. If you think you or a friend or family member would be a candidate for Humanitarian Parole, the skilled legal team at Reeves Immigration Law Group can help. Contact us today for a confidential consultation about your case.