What is Humanitarian Parole?

Humanitarian parole is an entry granted to certain non-citizens due to a compelling emergency or urgent humanitarian reasons who would otherwise be ineligible for admission to the U.S. A person can also apply for one-time entry for a specific purpose, such as obtaining medical treatment, visiting an ill family member, attending a family member’s funeral, or testifying in a U.S. court case.

Humanitarian parole allows a person to temporarily live in the U.S. without fear of deportation. Individuals who have been granted humanitarian parole may also apply for employment authorization to work legally through a separate application process.

Sometimes, the U.S. government extends the right to qualifying citizens of certain countries to apply for humanitarian parole. This has included certain individuals from Afghanistan, Ukraine, El Salvador, Guatemala, and Honduras.

It is important to understand that humanitarian parole is a lawful entry but not a formal "admission" into the U.S. A grant of humanitarian parole does not give a person an immigration status. Since humanitarian parole is not a legal immigration status, a person who is in the U.S. on humanitarian parole will either need to reapply for another term of parole before their current term expires, select a different legal status for which to apply, or leave the U.S.

Applying for Humanitarian Parole

A person may self-petition for parole, or petition for parole on behalf of another individual seeking entry, by filing Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. An individual who is inside the U.S. may also file on behalf of an individual outside of the U.S. The person who petitions on another person’s behalf does not need to be a resident of the U.S. or be related to the person for whom they are filing.

There are no derivative rights for parolees to bring their family members into the U.S. This means each individual seeking humanitarian parole must be named in a petition. However, applications may be filed for multiple family members when filing for humanitarian parole.

Individuals may apply for humanitarian parole through a U.S. Embassy or Consulate located in the country in which they currently reside.

Individuals may also seek humanitarian parole at a U.S. border. As with applications for refugee entry and asylum protection, each application for humanitarian parole is considered individually based on the applicant’s unique facts and circumstances. Some people are granted humanitarian parole while others are not. Also, humanitarian parole will be denied to anyone who has been involved in terrorist activities or is considered a threat to U.S. security.

An individual who has already been admitted to the United States through a different type of entry, such as a tourist visa or an employment visa, may not apply for humanitarian parole with U.S. Citizenship and Immigration Services. In other words, those who are already inside the U.S. may not "parole-in-place." Individuals inside the United States who are currently in removal proceedings or who have been previously removed from the United States must submit a request for humanitarian parole to U.S. Immigration and Customs Enforcement.

One important factor considered by U.S. Citizenship and Immigration Services is whether the applicant will have a means of support while in the U.S. An applicant who cannot demonstrate sufficient financial support is more likely to be denied parole than an applicant who can demonstrate financial support. Special circumstances may also be considered, such as an applicant’s health and the need to care for dependent family members.

A person who applies for humanitarian parole is not required to have family members or sponsors in the U.S. However, applicants who are able to show that they will receive financial support from family members (or others in the U.S.) may have a stronger application. Individuals who apply to sponsor another person for humanitarian parole must also provide evidence that they will be able to provide financial support to the parolee in the U.S.

A person seeking humanitarian parole may have more than one sponsor to show financial support. Occasionally, a non-profit organization or medical institution may alternatively serve as a sponsor. In this situation, the petitioner should include with the parole application a letter from the organization committing to support them.

Parole Term

How long an individual is granted humanitarian parole depends on the reason for the parole. For those who have been granted humanitarian parole as one-time entry for a specific purpose (such as obtaining medical treatment, visiting an ill family member, attending a family member’s funeral, or testifying in a U.S. court case), the parole term many expire when the emergency purpose is no longer needed.

For those who have been granted humanitarian parole due to an urgent humanitarian reason, the term is typically for 1 year but sometimes for 2 years. Before the expiration of your parole term, individuals will either need to reapply for another term or select a different legal status for which to apply.

Since humanitarian parole is not a legal status, a person who is in the U.S. on humanitarian parole will either need to reapply for another term of parole before their current term expires, select a different legal status for which to apply, or leave the U.S.

Rights and Status Changes

Humanitarian parole does not automatically authorize a person to work in the U.S. After receiving humanitarian parole, a person who wishes to work in the U.S. must file Form I-765, an Application for Employment Authorization, with U.S. Citizenship and Immigraiton Services.

Additionally, humanitarian parole is not intended to be used as a substitute for normal visa processing procedures and timelines or to bypass inadmissibility through other entry processing channels.

It is important to remember that humanitarian parole is a lawful entry but not a formal "admission" into the U.S. A grant of humanitarian parole does not give a person an immigration status. Thus, an individual who wishes to remain inside the U.S. will need to apply to change to a legal status before the expiration of their parole term.

A person who is in the U.S. on humanitarian parole may apply for a change in legal status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. For example, an individual with humanitarian parole can apply to adjust to a permanent status such as lawful permanent residence through marriage or as a close family member of a U.S. citizen or permanent resident. Some individuals may be eligible to apply for asylum, which -- if granted -- could become a path to permanent residence for those who meet eligibility requirements. For citizens of certain countries or who were granted parole through a qualifying program, it may be possible to apply directly for a green card.

Individuals who are interested in changing status from humanitarian parole to an immigrant status should consult a knowledgeable attorney who can advise them on their options for an adjustment of status.