Miami Immigration Lawyer - Humanitarian Parole Services

Humanitarian Parole Services

When you or a loved one is in an urgent situation, and needs to enter the United States, humanitarian parole offers a pathway for temporary, emergency-based entry. Martha Arias, Esq. an experienced immigration attorney, provides personalized, compassionate assistance through every stage of the humanitarian parole process. Her expertise in immigration law can be invaluable when navigating the complexities of parole requests, ensuring your case is presented accurately and with the care it deserves.

What is Humanitarian Parole?

Humanitarian parole is a temporary entry option granted by U.S. Citizenship and Immigration Services (USCIS) that allows individuals to enter the U.S. due to urgent humanitarian reasons or reasons of significant public benefit. It is specifically designed for cases where traditional visa options may not be viable or available in time, such as immediate medical needs, life-threatening situations, or specific requests from U.S. authorities.

Humanitarian parole is not a pathway to permanent residency or citizenship and typically does not exceed a stay of one or two years unless there are pressing, ongoing reasons to extend it. For those seeking long-term residence or citizenship, parole may provide a bridge while pursuing other immigration options.

Eligibility for Humanitarian Parole

Humanitarian parole is granted on a case-by-case basis, with USCIS officers reviewing each application’s unique circumstances and weighing all available evidence. The responsibility to prove the need for parole lies with the applicant or petitioner. USCIS grants parole only if it concludes, based on all submitted and available evidence, that:

  1. There are urgent humanitarian or significant public benefit reasons for the individual to be in the United States.
  2. The individual merits a favorable exercise of discretion based on the factors present in their case.

We can provide comprehensive support for gathering, organizing, and presenting the necessary evidence to USCIS, aiming to strengthen your case’s chance of success. Contact our office for more information.

Urgent Humanitarian Reasons

While there is no strict definition of what constitutes “urgent humanitarian reasons,” USCIS officers look at several factors to assess the urgency of each case. Common factors include:

Medical Emergencies

Cases that involve time-sensitive medical treatment or experimental care available only in the United States may qualify for humanitarian parole. This could include lifesaving treatments, experimental procedures, or cases where the individual’s health is at immediate risk.

Family Reunification in Critical Situations

Humanitarian parole may also be considered if an applicant needs to provide support to a family member facing end-of-life conditions or other serious health crises.

Personal Safety and Welfare

USCIS considers cases where there is a credible, immediate threat to an individual’s safety, especially in instances where denial of entry could lead to significant suffering or loss.

Each case’s urgency is assessed by examining the applicant’s situation, the degree of potential suffering, and the available options if parole is not granted.

Significant Public Benefit

Significant public benefit is another basis upon which humanitarian parole may be granted, although it is applied under specific conditions, generally related to national interests. Examples include:

Participation in Legal Proceedings

Individuals needed as witnesses or participants in U.S. legal cases may qualify for parole if their presence is crucial to justice being served.

Medical or Scientific Research

Those needing access to U.S.-based medical trials, experimental treatment, or research programs may also be considered if the outcome has potential benefits for the broader community.

National Security and Law Enforcement

Cases related to U.S. law enforcement, public safety, or national security are frequently grounds for parole when requested by relevant authorities.

In cases involving public benefit, USCIS evaluates the potential positive impact the individual’s presence may have on U.S. interests.

Factors Considered in Granting Humanitarian Parole

USCIS evaluates numerous factors in deciding on humanitarian parole cases, balancing the applicant’s urgent needs against other considerations. This assessment involves a careful review of both positive and negative elements of the case, including:

  • Purpose of Parole Request: The applicant must show that the purpose of their entry can be accomplished within a specific, temporary timeframe.
  • Intent to Exit the U.S. or Legal Options: USCIS may consider whether the applicant intends to leave the U.S. at the end of their parole or if there are feasible pathways to legal status during or after their stay.
  • Character and Background: Evidence of good character, criminal history, or immigration violations will be reviewed.
  • Public Safety and Security Concerns: Cases involving concerns over national security or public safety are evaluated with heightened scrutiny.
  • Community Impact: USCIS considers whether the applicant’s presence may benefit a U.S. citizen, lawful permanent resident, or community, and whether they have sufficient financial support for their stay.

No single factor will determine the outcome, as USCIS officers consider the entire context and all available evidence.

Common Discretionary Factors

In addition to the specific grounds for humanitarian parole, USCIS applies additional discretionary criteria. Some of these include:

  • Duration of Stay: Parole is intended to be temporary. Applicants should clarify the timeframe required to accomplish their stated purpose in the U.S.
  • Alternative Options: The availability of other options, such as a visa, can affect parole decisions. If other routes are possible, parole may not be granted.
  • Character Assessment: Good character, clean criminal history, and lack of immigration violations strengthen an application.
  • Financial Self-Sufficiency: Applicants who can demonstrate they have the means to support themselves while in the U.S. may be viewed more favorably.
  • Community Ties and Impact: Parolees who will benefit U.S. citizens or residents directly, or whose presence could have a meaningful impact, are often prioritized.

If any negative factors arise during review, such as security concerns, criminal background, or immigration violations, these can significantly impact the outcome.

Frequently Asked Questions

What is the processing time for a humanitarian parole application?

Processing times vary depending on the specifics of each case. While there is no guaranteed timeline, USCIS prioritizes emergency-based cases for quicker review, especially when documentation demonstrates a pressing need.

Martha L. Arias, Esq. - Immigration Law Attorney

Is humanitarian parole a pathway to permanent residence?

No, humanitarian parole is a temporary measure and does not directly lead to permanent residence. However, parolees may explore other immigration pathways, such as asylum, if eligible, after entering the U.S.

Martha L. Arias, Esq. - Immigration Law Attorney

Can humanitarian parole be extended?

Yes, parole extensions are possible under certain circumstances, particularly if the urgent needs persist. Our team assists clients with the extension application process to ensure compliance with immigration laws.

Martha L. Arias, Esq. - Immigration Law Attorney

Does humanitarian parole allow for work authorization?

In some cases, individuals with humanitarian parole can apply for work authorization, although this is not automatic. We can help determine eligibility and guide you through the application process.

Martha L. Arias, Esq. - Immigration Law Attorney

Who is eligible to apply for humanitarian parole?

Any person facing urgent humanitarian or significant public benefit needs may apply for parole. Applications can also be filed by family members or authorized representatives on behalf of the person in need.

Martha L. Arias, Esq. - Immigration Law Attorney

Humanitarian Parole Statistics and Facts

12,000+ Applications Annually

On average, USCIS processes over 12,000 humanitarian parole requests yearly, with critical medical and family reunification cases being the most common.

Approval Rate

Around 25% of applications are approved, underscoring the importance of submitting a well-prepared, thoroughly documented application.

Top Reasons

The leading reasons for humanitarian parole include urgent medical needs, family emergencies, and life-threatening situations.

Martha L. Arias, Esq. - Miami Immigration Law Attorney

Contact Us for Assistance

If you or someone you know requires urgent assistance with humanitarian parole, contact us. We are here to guide you with compassion, clarity, and a deep understanding of the process; ensuring your case is handled with the urgency it deserves.

Martha L. Arias, Esq. - Immigration Law Attorney