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Immigration Parole

What is immigration parole?

Parole is a permission to temporarily enter and/or physically remain in the U.S. when a noncitizen is unable to obtain a visa or other travel document to enter the U.S. either because the noncitizen is inadmissible or does not qualify for any visa. Parole is not an admission. It does not provide immigration status. Even if paroled to the U.S., a noncitizen remains an applicant for admission.

When does immigration parole expire?

Parole is issued for a limited time based on the purpose of the parole. The agency authorizing parole will specify its duration. The specific length of parole varies depending upon the case and type.  

Typically, parole is granted for a period not to exceed 1 year. However, parole under a specific parole program may be granted for 2-3 years. For example, parole under Uniting for Ukraine is valid for two years. Parole under Parole based on deferred inspection may be granted for 30 days to a year. International entrepreneur parole may be granted for 30 months.

A noncitizen’s parole period begins when the CBP grants the parole into the United States at the port of entry. Parole expires upon expiration of the parole card, the person’s departure from the U.S., when the parole is revoked, or when the person acquires an immigration status.  However, parole may be extended (re-paroled) if the application is submitted before the expiration of the parole.
 

On average, how long does it take before a settlement/trial is reached?

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Can you work on parole in the U.S.?

Generally, persons on parole may not work in the U.S. unless they apply and get approved for a work authorization.

Certain parole individuals may work without the need to apply for work authorization, such as international entrepreneurs paroled under 8 CFR §212.19 or certain Afghan and Ukrainian parolees.

Asylum seekers who were paroled to the U.S. for the purposes of applying for asylum may immediately apply for work permits. Without parole, asylum seekers cannot obtain work authorization until 180 days after filing their asylum application.

Can you adjust status in the U.S. if I was paroled to the U.S.?

Parole is not an admission. It does not provide legal immigration status and does not itself create any pathway to permanent resident status. Even if paroled to the U.S., a noncitizen remains an applicant for admission. However, noncitizens paroled to the U.S. who qualify for legal status, such as green cards, may apply for them in the U.S.

How can you obtain immigration parole?

There are several ways to obtain immigration parole depending on whether a person applying for parole is in the U.S., outside the U.S., or at a port of entry to the U.S. Also, a noncitizen may qualify for parole for more than one reason.
 
Parole may be granted by USCIS, ICE, and CBP urgent humanitarian or significant public benefit reasons. The grant of parole is discretionary – it is only given to some people in certain situations.

Parole for noncitizens outside the U.S.

Urgent Humanitarian or Significant Public Benefit Reasons

A person outside the U.S. may apply with USCIS for parole based on urgent humanitarian or a significant public benefit reasons. Humanitarian paroles are usually granted for urgent medical, family, and related needs. They are granted on a case-by-case basis based on the following factors:

  • The reason for the parole;

  • Whether or not the circumstances are pressing;

  • The effect of the circumstances on the individual’s welfare and well-being;

  • The degree of suffering that may result if parole is not authorized;

  • Whether the purpose of the parole request may be accomplished within a specific, temporary period of time;

  • Whether the beneficiary intends to leave the U.S. when their parole expires or has means to obtain lawful immigration status during the parole or re-parole period;

  • Whether there is evidence of any national security concerns;

  • Whether there is evidence of any criminal history or previous immigration violations;

  • Whether there is evidence of any previous participation in fraud;

  • Whether the noncitizen’s presence would benefit a U.S. citizen or lawful permanent resident or community in the U.S.;

  • Whether the noncitizen will have sufficient financial support while in the United States (an individual must demonstrate financial self-sufficiency or may have a sponsor to provide financial resources to support the noncitizen’s stay in the U.S.);

  • Evidence of the noncitizen’s character;

  • The effect of the applicant’s presence on a community in the U.S.; and

  • Whether there are other means available to the noncitizen to enter the U.S. for the stated parole purpose, such as the ability or inability to obtain a visa.

Parole for noncitizens outside the U.S.

Reasons for Humanitarian Parole

The most common types of humanitarian parole requests are made for the following reasons:

  • Receiving critical medical treatment in the U.S.;

  • Becoming an organ donor to an individual in the U.S.;

  • Visiting, assisting, physically or emotionally supporting, or caring for a seriously or terminally ill relative in the U.S.;

  • Attending a funeral or settling the affairs of a deceased relative in the U.S.;

  • Coming to the U.S. for protection from targeted or individualized harm.

Parole for noncitizens outside the U.S.

Significant Public Benefit Parole

Significant public interest paroles are typically granted to noncitizens of law enforcement or national security interest such as witnesses to judicial proceedings or foreign or domestic policy considerations.  For example, parole may be granted for a noncitizen to enter the U.S. to participate in a civil or criminal legal proceeding in the U.S. or to obtain medical care that involves experimental treatment or medical trials from which a larger community in the U.S. may benefit.

Parole for noncitizens outside the U.S.

Specific Parole Programs

The Department of Homeland Security also establishes specific parole programs for certain populations as a response to humanitarian emergencies. The newest programs are Uniting for Ukraine, the parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), and family reunification parole.

Each program has specific eligibility requirements. On January 20, 2025, the President of the United States issued an Executive Order on Securing Our Borders. The order directs the Department of Homeland Security to “terminate all categorical parole programs that are
contrary to the policies of the United States.” The impacted programs include:

  • Uniting for Ukraine (U4U)

  • Operations Allies Welcome (OAW)

  • Family Reunification Parole (FRP)

  • Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)

  • Safe Mobility Office (SMO)

  • Central American Minor (CAM)

This Executive Order does not apply to noncitizens with an approved advanced parole (see discussion below) or the noncitizens applying for Significant Public Benefit Parole discussed above.
Once the parole period under one of the specific parole programs listed above expires, noncitizens who entered into the U.S. on parole may not be able to renew their parole period.

Unless they have applied for or acquired another status, they would lose their legal permission to be in the U.S. and their authority to work in the U.S., and will start accumulating unlawful presence if they remain in the U.S. Noncitizens of certain nationalities with expired parole may be able to apply for a Temporary Protected Status and work authorization. Others may be able to apply for asylum, a visa, or a green card depending on their circumstances.

Parole for noncitizens INSIDE the U.S.

Advanced Parole or Travel Authorization to Return to the U.S. after Temporary Travel

An advanced parole is commonly used by noncitizens with pending applications for immigration benefits in the U.S., such as a pending application for adjustment of status or a pending application for asylum or withholding of removal. Such noncitizens are required to obtain an advanced parole before they travel abroad.

With exception to noncitizens with valid H, L, K, or V nonimmigrant visas, if noncitizens travel abroad without first obtaining an advanced parole, their pending application for adjustment of status will be considered abandoned. However, the issuance of an advance parole document is not a guarantee that a person will be permitted to re-enter the U.S.

The CBP will make a separate discretionary decision of the request for parole into the U.S. at the port of entry. Generally, CBP defers to the parole authorization by USCIS or ICE and grants parole, unless new information surfaces during inspection.

Parole at the port of entry to the U.S.

Customs and Border Protection Parole

The CBP makes the ultimate determination whether to parole an individual into the United States at a port of entry, even when a noncitizen is entering the U.S. with a parole obtained through USCIS or ICE.
 
In addition to granting parole based on USCIS or ICE authorization, CBP also may grant parole at the point of entry or to those within its custody based on its discretion alone. For example, a noncitizen trying to enter the U.S. through a port of entry may obtain parole from CBP if the noncitizen is fleeing persecution and would like to apply for asylum in the U.S. For asylum seekers, parole may be granted for the duration of the immigration proceedings.
 
CBP may also parole a person for “deferred inspection” if they are unable to determine the person’s admissibility at the time of entry.
 
Finally, CBP (border patrol) may release on parole noncitizens in their custody if they meet certain criteria, such as if they demonstrate that they have a sponsor to house and support them, that they are not a danger to the community, and that they are not at risk of abandoning their cases and disappearing from authorities.

Role of Attorney

How Can We Help?

If you are inadmissible or otherwise not able to obtain a visa to come to the U.S. for critical medical treatment or to provide support to a seriously or terminally ill relative, or other urgent humanitarian reasons, we may assist you to present a strong application to obtain parole.

We may also assist you in application for parole on the basis of one of the specific parole programs established by the Department of Homeland Security.

If you were already paroled to the U.S. under one of such specific parole programs and your authorized period of parole is close to expiration, we may help you obtain re-parole if the program has not been paused or evaluate your case for other options to obtain legal status in the U.S.

If you would like to schedule a consultation to discuss your case, give us a call. 386-248-3000

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