Advance parole - Everything you should know in 2024 | Lluis Law (2024)

Have you ever wondered what a parole is in immigration terms?In this blog we will see the complete process in 2024 to obtain it.We will also talk about the advance parole and other types, answering many frequent questions on the subject.

In addition to the extensive information in the article, theimmigration lawyers at Lluis Lawcan help you.We have over 40 years of combined experience helping immigrants.

What Is An Immigration Parole?

Let’s see what the parole is in terms of immigration since the parole is a temporary stay permit in the US granted for reasons of significant public benefit or humanitarian reasons.

• This permit allows a person who would otherwise be ineligible or inadmissible to enter the US to travel and remain in the US temporarily.
• The INA allows the National Secretary to use this permit for any alien who must be admitted to the US for humanitarian reasons or significant public benefit.
• The person who obtains this parole is not someone formally admitted to the US in the eyes of immigration law.
• Parole is not intended to be used solely to avoid visa processing, waivers of inadmissibility, or regular processing.Nor is it intended to replace established pathways for refugee processing.

For How much time is the Parole Granted?

Normally the temporary stay permit is granted for a period not exceeding one year.

USCIS will specify the period necessary for you to fulfill the purpose of the parole as indicated in Part 3 ofForm I-131.

The parole can end in two moments.Completion will depend on which event, among the following two, occurs first.

• Date on which the term of the permit expires.
• The beneficiary leaves the US

Can I Work With The Temporary Stay Permit?

If you meet the requirements and do not violate the conditions of the parole, USCIS may, at its discretion, grant you a temporary work permit.To do this, you must request it usingForm I-765, Application for Employment Authorization.

Who Can Apply For Parole?

The temporary residence permit can be requested by any person for themselves or on behalf of another person.To do this, you will use Form I-131.

This petitioner can be an individual or entity and does not have to be a US resident or related to the beneficiary.He will file the I-131 petition on behalf of a person who is outside the US or for himself.

Do You Need A Sponsor To Get The Parole?

Yes, USCIS requires evidence of a sponsor providing financial support while in the US.

Note: This is an important factor that USCIS considers when granting temporary stay permission.Failure to provide it greatly increases your chances of being rejected for parole.

Sponsor Requirements

• The sponsor may or may not be the same entity or person as the petitioner.
• You must file aForm I-134, Affidavit of Support, for each parole petition.With this, you must demonstrate that you have the financial resources to support the beneficiary of the parole while the beneficiary remains in the US.

There is no requirement related to the immigration status of the sponsor.However, if the sponsor is a lawful permanent resident or a citizen, it will be easier to demonstrate financial capacity.It is a relevant factor that will greatly help the beneficiary to obtain parole.

Therefore, it is highly recommended that the petitioner, together with the parole request, include evidence of the permanent residence or citizenship of the sponsor.Among others, it may include the following evidence:

• Permanent resident card.
• Naturalization certificate.
• Sponsor’s passport.
• Birth certificate.

Note: Form I-134 details the type of evidence that is required to demonstrate sufficient economic resources and income.These may include:

• Last tax return.
• Letter from the employer to the sponsor.
• Salary stubs.

Did they not stamp your passport when you entered the United States?Find out the reason for this in our recent post.

Having Multiple Sponsors

The petitioner must take into account thePoverty Guidelines of the Department of Health and Human Services, to cover the income and support requirements.

In case one sponsor is not enough, more than one can be identified.It will be done through Form I-134 together with the documents required for each sponsor.

Have An Organization As A Sponsor

Both non-profit organizations and medical institutions can sometimes act as sponsors of the parole.

In the event that the employee of the organization cannot complete Form I-134, a letter of commitment of economic sponsorship from the organization will be included.This will be submitted together with the application for a temporary stay permit (parole).

Be A Self Sponsor

The beneficiary can prove to be financially self-sufficient.You will do this by submitting Form I-134 and supporting financial documentation.

Parole Eligibility

USCIS reviews each case individually looking specifically at the evidence presented by the petitioner.To authorize this permit you must complete the following:

• There are urgent humanitarian or significant public benefit reasons for the beneficiary to be in the US.
• The beneficiary deserves to obtain an exercise of discretion in his favor.

Urgent Humanitarian Causes

Although this term is not regulated nor is there a statutory definition, USCIS considers the circ*mstances in their entirety.To do this, consider the following factors, among others:

• If the exposed circ*mstances are or not compelling;
• The effect of such circ*mstances on the well-being of the person;
• The level of suffering that could be caused by not being authorized for parole (temporary residence permit).

To demonstrate urgency, please review theUSCIS guidewith the most common types of petitions.Among these, you can request critical medical treatment or visit a terminal relative.

Causes Of Significant Public Benefit

This includes but is not limited to reasons of national security and public order or reasons of national or foreign policy.There is no definition of the term and USCIS will review all circ*mstances.

Although obviously there is a beneficiary who receives the parole, there really are cases in which it is understood that the benefit is for the general interest.

Both Causes

There are cases in which you can apply for both reasons.An example would be a person who requires an experimental medical treatment that involves future benefit to many other people in the US.

How Does USCIS Determine Who Gets Parole?

You should be clear that USCIS exercises its discretion on a case-by-case basis.That is, they evaluate the positive factors against the negative ones, from the criminal record to humanitarian reasons or significant public benefit.

These are some of the factors that USCIS considers to grant the temporary stay permit:

• That the purpose of the parole can be achieved within a specified period of time.
• Evidence of any matter of national security.
• Evidences of previous fraudulent practices.
• Evidence of criminal history or previous violations of immigration law.
• Intention of the beneficiary to leave the US when his permit expires or if he has the resources to obtain legal immigration status during the parole or in another period that the permit is reissued.
• Consideration of whether the beneficiary’s presence would benefit a lawful permanent resident, US citizen, or US community.
• Solvency and sufficient financial assistance while in the US.
• Evidence of good moral character.
• Consider whether there is another means in addition to parole for the beneficiary to travel to and remain in the US for the stated purpose.For example, the ability or inability to obtain a visa.

Note: USCIS does not consider a single factor but rather the sum of all circ*mstances.In addition, you can revoke the permit at any time if you consider that the parole no longer has a justified cause or the beneficiary breached the conditions.

The Parole Process

You already know what a parole is and now we will show you the process in summarized steps to obtain the temporary residence permit:

1. Submit The Petition For Parole

The petitioner submits the following documentation to the USCIS Postal Collection Drop Box in Dallas:

• Form I-131.
• Form I-134.
• Supporting documentation.
• Payment of filing fee (orForm I-912, Application for Fee Waiver).

The postal collection drop box forwards the parole request to the USCIS Division of International Operations (USCIS-IO) in Washington, DC

Note: This point of the process is detailed at the end of the 7 steps.

2. USCIS Evaluates The Petition To Determine The Urgency (Triage)

Initially, the case is reviewed by USCIS to determine if there is urgency, regardless of whether the applicant has expressed such urgency.They will also check if they have jurisdiction over it.

This usually occurs 2 weeks after filing the parole request and 2 days after USCIS-IO receives the petition.

3. A USCIS Official Reviews The Application

This process includes:

• Review the application along with supporting documents;
• Conduct security checks and investigations;
• Issue a Request for Evidence (RFE) or Notice of Intent to Deny if necessary;
• Document the reasons for the decision;
• Prepare notice of decision.

4. A Supervisor Reviews The Decision

Before they are final decisions, a supervisor reviews all parole requests.

5. USCIS Notifies The Decision

Application Approved: If USCIS approves the application, an approval letter will be mailed to the beneficiary, petitioner, and any authorized representative.It will also notify the beneficiary’s closest US embassy or consulate.

The letter includes the steps to follow to obtain the temporary stay permit.

Denied Application: In this case, USCIS also mails the denial letter to the beneficiary, petitioner, and any authorized representative.

6. Issuance Of Parole And Travel Documents For Approved Cases.

The approval notification will inform the beneficiary of the following:

• You must completeForm DS-160.
• Go to an appointment with the consular section of the Department of State.This is done to verify your identity and the collection of biometric data for additional security checks.

All recipients 14 years of age or older must provide their biometric data.If everything is correct, the US consulate will issue a document called Boarding Stamp or Folio.This document allows the beneficiary to travel to the US within 30 days of being issued.

Note: This Boarding Folio does not guarantee parole but it does allow access to final step 7.

7. CBP Authorizes The Temporary Stay Permit To The US. (Parole)

• A CBP officer will be in charge of inspecting the beneficiary at a port of entry.
• If the officer authorizes the parole, he will issue the beneficiary aForm I-94, Arrival/Departure Record detailing the duration of the parole.
• The temporary stay permit period begins from the moment CBP authorizes parole at the port of entry.

How To Apply For Parole (Temporary Stay Permit)

• Complete Form I-131 and include the payment of the filing fee or Form I-192 (Fee Waiver) for each beneficiary.
• Complete one Form I-134 for each beneficiary.This will demonstrate the economic sponsorship that the beneficiaries in the US will receive.
  • If there is more than one sponsor, each sponsor must submit a Form I-134.
• You must include detailed information and supporting documentation on the reasons for requesting parole for the beneficiary.In the following section “submitting evidence”, we detail this point.
• If you are represented by a lawyer or other authorized representative, you must submit the completedForm G-28for USCIS to contact them.

Submitting Evidence

Through the application and supporting evidence, the petitioner must demonstrate that the beneficiary qualifies for parole and requires favorable discretion.

It is important that the petitioner provide all required documentation to avoid delays.Similarly, a USCIS officer may issue an RFE to obtain additional information.

In addition to the I-131, I-134, and fee payments or waiver thereof, you must submit the following information:

• Detailed explanation about:
  • Reasons for requesting parole.
  • Amount of parole time needed by each beneficiary.
  • Reasons why the beneficiary cannot obtain a visa from the Department of State.This point should include:
    • Time and place where the beneficiary tried to obtain the visa, if applicable;
    • If the visa was denied, include a copy of the denial letter and;
    • If applicable, a detailed explanation of why the beneficiary cannot obtain a required waiver of inadmissibility and a copy of any denial letter received.
• Copies of any previously filed immigrant petitions (Forms I-140, I-130, I-360, etc.) or if available, nonimmigrant visa petitions filed by or for the beneficiary.
• Copies of documentation evidencing your request.Including a clear, legible copy of a government-issued ID indicating the beneficiary’s citizenship.
  • In case you provide a birth certificate, be sure to send a copy of both sides of the certificate.
• If applicable, copies of a US passport, birth certificate, permanent resident card, and other evidence of the sponsor’s and petitioner’s valid US citizenship or immigration status.

Note: TheUSCIS guidelinked above has additional information on other types of evidence for more specific cases.

In our blog we explainhow to fill out the I-130 form, in case you don’t know how to do it exactly.

Where To Send The Parole Request?

USCIS Dallas Postal Collections Box:

United States Postal Service (USPS) deliveries:

USCIS

P.O.Box 660865

Dallas, TX 75266

FedEx, UPS and DHL deliveries:

USCIS

Attn: HP

2501 S. State Hwy. 121 Business

Ste. 400

Lewisville, TX 75067

In theforms address bookyou have different addresses where to send many of the forms mentioned.

Request Parole For Minors

Let’s see what process must be followed for the parole of minors.To request the temporary stay permit for minors under 18 years of age, USCIS may require the following types of evidence:

How Long Does The Parole Process Last?

USCIS always tries to complete the process within 3 months.This however is highly variable depending on the complexity of the case and the initial supporting documentation.

On the request processing timespageyou can get the current processing times.

The important thing is to present all the initial supporting documentation and respond to requests about it to avoid delays.

Our lawyers can help you to know what the parole is and in this whole process to avoid delays.

Expedited Processing

To request expedited processing you must:

• Follow the criteria established in the instructions for Form I-131.
• Write the word “EXPEDITE” in black ink in the upper right corner of the application.
• Provide an E-mail, telephone number and fax number for the petitioner or representative with any expedited request.
• Include a detailed explanation of the reason for requesting expedited processing along with supporting documentation.
  • Normally requesting expedited processing is due to an urgent reason for which the applicant must demonstrate it.Examples of this would be life or death situations or any other situation of extreme urgency.

What To Do If My Temporary Stay Permit Is Denied?

You cannot appeal a denial of parole as it does not confer any substantive rights or immigration status.

In this case, you may submit a new Form I-131 packet with the fee or fee waiver request.

Note: There is no limit to the number of I-131 forms that one person can file.

Trips For The Parolees (Those Who Get The Parole)

The parole document issued to a person outside the US is valid for a single application for parole at the port of entry.If the petitioner leaves the US, her permission is cancelled.

If you want to travel abroad and return, you need an advance entry permit before traveling, known as an advanced parole.

Alternatively you can apply for a new parole from abroad or a valid return visa.

Request A Reissue Of A New Parole (Re-Parole)

In some cases a beneficiary may remain in the US beyond the authorized parole period.In these cases, they can reapply for the temporary stay permit from the US. The petitioner will do so in the following way:

• Filing a new Form I-131;
• By checking the box 1.e or 1.f in part 2 of the form and;
• By writing “re-parole” at the top of the application.

You must also include the required fees or fee waiver request along with evidence and materials to support the new parole request.This includes the explanation of the need for an additional parole period.

You must apply at least 90 days before the parole expires.This grants sufficient processing time and avoids accumulating time in illegal status.

Parole For Cubans

TheCuban Family Reunification Parole Program (CFRP)was created in 2007 and allows US citizens andGreen Card holders (legal permanent residents)to request parole or permission to bring their Cuban family members.

What Is The Cuban Family Parole (CP3)

Within the Cuban Parole Program, it is contemplated that Cuban citizens over 21 years of age who hold a visa or who have been issued a parole (CP1), can request a family immigration parole.This program benefits certain family members.

On the other hand, the Special Program for Cuban Emigration, known as “el bombo”, is currently suspended.

Parole For Cuban Doctors In 2024

The program (Cuban Medical Professional Parole Program, CMPP) was repealed by the United States on January 12, 2017. However, applications made before that date continued to be processed and adjudicated by USCIS.Also in cases where a CMPP principal applicant, prior to that date, applied for permission to enter the US for their spouse and unmarried children under the age of 21, who will travel with them.

Similarly, Cuban medical professionals who were accepted into the CMPP Program, before or after January 12, 2017, could submit petitions for relatives to join them before August 24, 2017.

Initially, the program was created to help Cuban doctors and their families, who were sent by the Cuban government to work in other countries.The application for an entry permit to the US was presented at an American embassy or consulate.

Several US senators have petitioned the federal government to reinstate the program again.The sending of Cuban doctors and paramedics to work for the Cuban socialist government in other countries has been strongly questioned.Some Latin American governments and organizations have classified the Cuban program as a form of neo-slavery.

Did you know that you may be eligible to qualify underthe Cuban Adjustment Act?Learn more about this topic in our article.

What Is An Advance Parole?

The advance parole is an advance permission to enter.This document allows certain aliens to re-enter the US after traveling abroad without an immigrant or nonimmigrant visa.

It also allows foreigners who have applied foradjustment of statusor some other benefit to keep the application while out of the country.

The Importance Of Having The Advance Parole Permit Before Traveling

Foreigners must have an advance parole permit before leaving the US As a general rule, if you did not obtain this permit before traveling, you will not be able to re-enter upon your return.Unless you have a valid visa.

The government may consider the alien to have abandoned their pending application for immigration benefits.When this occurs, the person would have to start the immigration process over again.To do this, you must resort toconsular processingin your own country.

Have you ever wondered if you can change of status from a visitor visa to a Green Card?In our blog we explain it in detail.

Who May Need Advance Parole?

This permit can be applied for by national foreigners in the US who wish to travel abroad but find themselves in the following situations:

• Admitted as refugees or have received asylum.
• Pending application forasylum in the United States.
• Pending adjustment of status application.
• They have received benefits under the family unity program.
• ObtainedTemporary Protected Status (TPS).
• They received a humanitarian parole or a T/U visa.

You can learn the T visa requirementsandwhat is U visain detail on our blog.

Who Is Not Eligible For Advance Parole?

Some aliens residing in the United States are not eligible to obtain this travel permit.This includes:

• National foreigners without valid immigration status.
• National foreigners with exchange visas, subject to the foreign residence requirement.
• Beneficiaries of a private bill.
• Holders of a valid re-entry permit unless returned to USCIS or shown to have been lost.
• Aliens in deportation proceedings, even if they are within the categories of TPS, T Visa or U Visa, asylum and so on with the exception of DACAbeneficiaries.

For this last point, you can review our section dedicated to “Immigration lawyers specialized in deportations”.

Benefits Of Advance Parole

There are 2 main benefits:

1. Allows the alien to return to the US after leaving the country without the need to obtain a visa.
2. Keep the adjustment of status application pending with USCIS.

Before applying for advance parole, it is advisable to speak with an experienced immigration attorney.This will guide you on his eligibility.

Our attorneys have more than 40 years of combined experience with successful results in all areas of immigration.This includes helping immigrants understandhow to become a US citizen even if they don’t know how to speak English.

Frequently Asked Questions About Advance Parole

Below we answer some of the frequently asked questions on the subject, including the definition of some terms in English.

What Is An I-512 Advance Parole?

It is the document issued by USCIS when it approves the travel permit.It can have two forms:

1. The document properly known as I-512 or;
2. The work permit card that the immigrant receives and also serves as advance parole.In fact, the document includes the phrase: “serves as I-512 advance parole”.

Who Can Travel Abroad And Return Without Having To Previously Obtain El Advance Parole?

The exceptions to travel outside the US and return without the need to present a travel document are for people who have the following types of visas:

• H-1Btemporary workers, H-4 spouse, or the children of an H-1B.
• K-3 spouseor child (K-4)of a US citizen.
• L-1workerswho are transferred to US offices by the company, their spouse (L-2), or the child of the L-1 worker.
• Spouse (V-1) or children (V-2 / V-3) of a lawful permanent resident.

Upon returning to the US, holders of these visas must submit their respective nonimmigrant visas and have no limitations to remain admissible in the country.

As long as these people have an adjustment request pending, they will not be considered to have abandoned it.Even in cases where they did not apply for the advanced parole document before leaving the US.

We advise you to speak with our lawyers and have proof of the application for the adjustment of status application.In this case, Form I-797, which certifies receipt of the application, is useful.

Check our section for thetypes of American visasthat interest you.There you will find a complete index with the main visas.

If I Am Or Have Been In The US Illegally, Can I Get Advance Parole?

Yes, you can.The problem is that a national foreigner who leaves the United States after being in the country illegally could be barred from re-entering.This includes cases in which the foreigner obtained the advance parole immigration document.

• When accumulating more than 180 days of unlawful presence, but less than one year, the law establishes a three-year restriction on reentry to the United States.
• If the illegal presence extends for more than one year, the re-entry ban can be for more than 10 years.

Before leaving the United States, aliens with a history of unlawful presence should consult an experienced attorney.The professional will be able to guide them about their situation to prevent them from making mistakes.

If, in addition to knowing what parole is, you are looking for a way togo live in the United States legally, then on our blog you will find an article focused on detailing this process.

If I Am Outside The United States, Can I Also Get Advance Parole?

Aliens who are already outside the US are generally not eligible for advance parole. However, for urgent humanitarian reasons or because of an important public benefit, a foreign national may be able to obtain advance parole.

Applicants for advance parole cannot use it to avoid delays or circumvent normal visa issuance procedures.

To process the advance parole, the foreigner outside the United States must submit their biometric data if they are between 14 and 79 years old.He must do so in the place where USCIS or the Department of State tells him to.

Does Advance Parole Guarantee That I Can Return To The US?

Definitely not.Even when the national foreigners obtain immigration parole, they are still subject to inspection by the Customs and Border Protection Service (CBP).This can occur at any US port of entry for the purpose of determining your admissibility into the country.

Aliens deemed inadmissible may be denied entry into the country.Also open an expedited removal process or be subject to a removal process before an immigration court.

How Long Does It Take To Process The Advance Parole?

Obtaining the advance parole document can take about 90 days.However, said granting could be expedited if you meet the requirements demanded by the United States Citizenship and Immigration Services (USCIS):

• An emergency.
• Serious financial loss to the company/individual.
• Humanitarian reasons.
• When it is a non-profit organization and travels abroad for cultural or social activities of interest to the United States.
• At the express request of the Department of Defense or any other agency for a matter of national interest.
• By USCIS error.

In this case, the processing of the expedited request may take up to 30 days.However, when it is an emergency request and depending on the case, the issuance of the document could be done the same day at the USCIS office.

How Long Can I Stay Outside Of The United States?

The validity of the immigration advance parole travel permit document to stay outside the country that is granted to foreigners, is generally 1 year, counted from the date of issue.

This does not mean that the Department of Homeland Security cannot, at any time, revoke or rescind the advance parole document.Regardless of whether the beneficiary is inside or outside the United States.

What Does “Serves As I-512 Advance Parole” Mean?

The phrase translates as an immigration document and refers to Form I-512, which is the actual permit granted by the US government to the immigrant.

What Is An Advance Parole Document?

It is the travel document (I-512 Advance parole) that authorizes the foreigner to re-enter the United States.

Now you know what an immigration parole is.We understand that it is a complex subject and doubts may come to your mind.For more information about the advance parole or any case related to immigration matters, call us.

The immigration lawyers at Lluis Law are at your disposal.