ALIENS WITH URGENT NEED TO ENTER U.S. QUICKLY CAN OBTAIN HUMANITARIAN PAROLE VISAS
Aliens who have an urgent need to enter the United States on an expedited basis—such as medical emergencies—can apply for a humanitarian parole visa with the Department of Homeland Security (DHS), as authorized by § 212(d)(5)(A) of the Immigration and Nationality Act (INA). The approval of a humanitarian parole visa by the DHS is discretionary, granted on a case-by-case basis, where “urgent humanitarian reasons” exist or where the public interest would be served; a typical example involves an alien with a serious illness that requires medical treatment in the United States. The circumstances underlying the alien’s need to enter the United States must be specific to his or her situation, and not just involve general country conditions. The humanitarian parole visa is available to aliens who need to enter the United States on an expedited basis, and cannot wait for normal visa procedures or are not eligible for any other type of visa. Parole visas may not be used to circumvent the normal visa-issuing procedures or other remedies available within immigration law. Parole candidates are still subject to the various grounds of inadmissibility described in INA § 212, unless they are granted a waiver of inadmissibility by the DHS. Parole visas do not confer immigration benefits and are granted for a specific period of time to accomplish the stated goal in the parole visa application, usually for a maximum of one year. Parolees must depart the United States at the end of their parole authorization, adjust to permanent residency, or seek an extension of stay through the DHS. Application for a humanitarian parole visa requires detailed information about the parolee and sponsor, substantial evidentiary support, various forms, and a filing fee. The parolee and the sponsor will need to prove to the DHS that the parolee will not become a public charge in the United States. Once the DHS approves the application for a humanitarian parole visa, the DHS will notify the appropriate consular post for issuance of the parole visa to the alien. Assuming the U.S. embassy does not find reason to question the parole grant, the visa should be available for travel shortly thereafter. To find out whether a particular individual can obtain a humanitarian parole visa, consult a knowledgeable and experienced immigration attorney. Reeves & Associates has successfully obtained humanitarian parole visas for many of its clients.
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