9 FAM 202.3
(U) Parolees
(CT:VISA-1990; 05-24-2024)
(Office of Origin: CA/VO)
9 fam 202.3-1 (U) related statutory and regulatory Authorities
9 FAM 202.3-1(A) (U) Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 212(d)(5) (8 U.S.C. 1182(d)(5)).
9 FAM 202.3-1(B) (U) Public Law
(CT:VISA-488; 01-19-2018)
(U) Homeland Security Act of 2002, Public Law 107-296, sec. 402.
9 FAM 202.3-2 (U) parole – overview
9 FAM 202.3-2(A) (U) Parole Authorization
(CT:VISA-1924; 02-26-2024)
a. (U) Parole authority is governed by 212(d)(5) of the Immigration and Nationality Act. Section 402 of the Homeland Security Act of 2002, Public Law 107-296 transfers authority for immigration matters to the Secretary of DHS, including authorizing parole of a noncitizen into the United States for urgent humanitarian reasons or for significant public benefit.
b. (U) Parole is an extraordinary measure, sparingly used to permit a noncitizen, who may be inadmissible or otherwise ineligible for admission, into the United States for a temporary period due to an urgent humanitarian reason or for significant public benefit. Parole may be requested for an individual outside the United States by filing Form I-131, Application for Travel Document, or by a request from a U.S. Government agency, including the Department.
c. (U) Parole under INA 212(d)(5)(A) is not an admission to the United States.
d (U) USCIS, ICE, and CBP all have authority to authorize parole. A Memorandum of Agreement (MOA) between DHS component agencies, USCIS, ICE, and CBP sets out the division of responsibility for parole of each DHS agency. While USCIS and ICE can determine whether a noncitizen located outside the United States is eligible for parole and authorize parole for the individual, CBP makes the ultimate determination whether to parole an individual and for what length of time when the individual arrives at the POE in the United States on a case-by-case basis.
e. (U) There is only one parole authority, but there are different terms used for granting parole. “Authorization of Parole” refers to the DHS issuance of a document that enables the individual to travel to a U.S. POE and request parole from CBP. Parole authorization requests can be made for individuals outside the United States who seek to travel to the United States on a temporary basis but cannot obtain visas or other proper travel documents. "Advance Parole" also may be authorized for individuals inside the United States who seek to depart and return to the United States. In most cases, Advance Parole authority for individuals within the United States rests with USCIS and requests are processed by a USCIS Service Center or domestic field office. Some cases, however, may be processed by ICE, Homeland Security Investigations (HSI).
f. (U) Parole is not a method for circumventing normal visa issuing procedures, including noncurrent priority dates for preference IV categories. Parole is not a method to bypass established refugee processing, nor should it be used to avoid meeting host country or U.S. legal requirements in adoption cases. It is a last resort for those with an urgent need to travel to the United States or for cases with significant public benefit.
g. (U) Neither the Department nor consular officers have the authority to approve or extend any type of parole under any circumstances. Parole is a discretionary authority of the DHS Secretary.
9 FAM 202.3-2(B) (U) Parole Does Not Confer Immigration Benefits
(CT:VISA-1990; 05-24-2024)
a. (U) Parole does not, by itself, confer any immigration benefits. Parole is authorized for a specific and temporary period, and parolees must depart the United States at the end of their parole authorization period, adjust to LPR status (usually based on a previously approved petition), otherwise obtain lawful immigration status, or request to be re-paroled. Parole authorization usually permits the individual to travel to the United States only one time and does not allow an individual to travel abroad and then return to the United States after the initial parole, without prior approval from DHS.
b. (U) Those authorized parole based on a Department request for protection of that individual may apply for asylum or other protections in the United States, and, if approved, may eventually adjust status to LPR, if qualified.
c. (U) Parolees may apply for employment authorization. Parolees who are paroled pursuant to INA 212(d)(5)(A) for urgent humanitarian reasons or for significant public benefit reasons generally do not receive the type of resettlement assistance that is provided to refugees. Therefore, it is imperative that all parole requests, whether by Form I-131 or by government request, identify a supporter who will provide financial support for the parolee once in the United States.
d. (U) Parolees usually must depart the United States before the end of the authorized parole period; however, an individual may, under some circumstances, be permitted to remain in the United States beyond the authorized parole period. In such situations, an individual may request to be re-paroled by filing Form I-131, or the U.S. Government agency that made the original parole request may request an individual be re-paroled. USCIS and ICE grant such requests on a case-by-case basis and approve them only for a specific period, not indefinitely. Refer to USCIS’ or ICE’s parole authorization memo for each prospective parolee to determine the limits on the duration of stay in the United States and verbally inform the individual of this limit.
9 FAM 202.3-3 (U) Types of parole
9 FAM 202.3-3(A) (U) Advance Parole for Individuals Inside the United States
(CT:VISA-1990; 05-24-2024)
a. (U) In some instances, USCIS or ICE authorizes Advance Parole to individuals in the United States whose immigration status is under review (e.g., pending an asylum hearing or an adjustment of status), but who are requesting permission to return to the United States after travel abroad. Individuals seeking Advance Parole usually must apply and have approval before departing the United States. USCIS or ICE usually approves Advance Parole for a specific period and the individual must return to the United States before its expiration. In this situation, the Advance Parole document may authorize the person to travel abroad and return to the United States multiple times, so long as the parole document has not expired or been revoked.
b. (U) When USCIS or ICE authorizes Advance Parole, they issue an I-512 or I-512L form, Authorization of Parole of an Alien into the United States, directly to the individual applying for Advance Parole. This will allow the traveler to request parole from CBP at a POE when they return to the United States. Any Advance Parole documents received by the consular section should be given to the individual listed on the document, following the same guidance as for reentry permits in 9 FAM 202.2-4(D)(2). There is usually no consular role in Advance Parole cases for individuals in the United States. However, such individuals might seek assistance from you after such Advance Parole has expired or if the I-512 or I-512L form is lost or stolen while abroad. In the event the individual had approved Advance Parole before departing the United States and is no longer in possession of the Advance Parole Document and it has not expired, the applicant may file Form I-131A. The annotation shall read: “Not a visa. Bearer was issued an advanced parole document valid until [DATE] and may be boarded without transportation carrier liability. A#xxxxxxxxx”. Form I-131A may also be used by applicants who hold Temporary Protected Status (TPS) and have a valid lost or stolen I-512-T form (Authorization for Travel by a Noncitizen to the United States). For applicants who are TPS holders, the boarding foil should include the following language: Not a visa. Bearer has Temporary Protected Status in the United States and may be boarded without transportation carrier liability. See Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, section 304(c), Public Law No. 102-232, 105 Stat. 1733. If the document has expired, and the individual wants to re-enter the United States, you should refer the individual to the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States website or consult with the parole portfolio holder in CA/VO/F.
9 FAM 202.3-3(B) (U) Parole for Individuals Outside the United States
(CT:VISA-1924; 02-26-2024)
(U) Parole for individuals outside the United States may be requested in one of two ways. A parole request may be made by an individual filing USCIS Form I-131, Application for Travel Document on their own behalf or on behalf of an individual outside the U.S. See 9 FAM 202.3-3(B)(1) below. A U.S. Government agency, including the Department, also may request parole (see 9 FAM 202.3-3(B)(2) below).
9 FAM 202.3-3(B)(1) (U) Parole Request by Individual (Form I-131 – “Humanitarian Parole”)
(CT:VISA-1990; 05-24-2024)
a. (U) An individual may file Form I-131 on their own behalf or on behalf of an individual outside the United States to request parole for urgent humanitarian or significant public benefit reasons. This type of parole authorization is sometimes referred to as “humanitarian parole.”
b. (U) According to a Memorandum of Agreement between DHS component agencies USCIS, ICE, and CBP, an individual outside the United States who is currently in removal proceedings, who has been removed, or who has a final order of removal must request parole authorization from ICE.
c. (U) You should not routinely suggest parole as an option to applicants who are denied a visa. You should direct individuals who inquire about parole to www.uscis.gov for information on how to apply for parole directly with USCIS. In limited circumstances and with advance authorization from USCIS International and Refugee Affairs Division (USCIS/IRAD), Form I-131 parole requests may be filed at the consular section (see 9 FAM 202.3-2(B) above). Parole should be a last option for individuals who:
(1) (U) Are otherwise ineligible for a visa;
(2) (U) Cannot benefit from a waiver;
(3) (U) Have urgent humanitarian reasons to travel to the United States; and
(4) (U) Whose travel to the United States presents a significant public benefit.
d. (U) When responding to inquiries from potential applicants regarding parole, stress that the authority to authorize parole rests solely with DHS and adjudication is on a case-by-case basis.
9 FAM 202.3-3(B)(2) (U) Parole Authorization for Individuals Outside the United States – Request by U.S. Government Agency or Department
(CT:VISA-1990; 05-24-2024)
a. (U) DHS Handling of Parole Requests: In certain compelling circumstances, U.S. Government agencies, including the Department, may submit a request to DHS to parole an individual who is outside the United States. USCIS’ International and Refugee Affairs Division (IRAD) and ICE’s Parole and Law Enforcement Programs Unit (PLEPU), adjudicate U.S. Government agency and Department parole requests for individuals outside the United States depending on the nature of the parole request and the immigration history of the individual for whom parole is requested. An individual outside the United States who is currently in removal proceedings, has been previously removed, or has a final order of removal must request parole from ICE. CBP also has authority to parole individuals who present themselves at a U.S. POE without filing a formal request for parole but will also make the determination on whether any parole is appropriate when the individual appears for inspection. There may be limited instances where the Department will coordinate directly with CBP on a parole request that is so urgent that it cannot wait for processing by USCIS or ICE.
b. (U) Department Requests for Parole from USCIS: Parole requested by the Department must be coordinated through CA/VO. The Department may request parole by submitting the appropriate parole request template along with supporting documentation in cases where there is a clear U.S. Government interest and a need for an individual to travel to the United States urgently. Paragraphs (1) through (3) below describe circumstances in which the Department may request parole from USCIS. See 9 FAM 202.3-4(A) below for detailed instructions on submitting such requests.
(1) (U) “Significant Public Benefit Parole (SPBP)/Public Interest Parole”: In rare instances, the Department may request that USCIS authorize parole of an individual into the United States for either urgent humanitarian or significant public benefits reasons, also known as "significant public benefit parole" or "public interest parole." Parole requested by the Department must be coordinated through CA/VO. USCIS will notify consular sections of parole authorization in such cases via a parole authorization memo, authorizing you to issue a boarding foil.
(2) (U) Certain Protection Cases: Parole cannot be used in lieu of normal refugee or visa processing except where there is a clear U.S. government interest and a need for the individual to travel to the United States as quickly as possible. To meet the Department's criteria for requesting USCIS to parole an individual into the United States for protection reasons, the individual must be in imminent danger of serious harm and, because of this imminent danger, cannot be processed through established channels, such as a refugee through the United Nations High Commissioner for Refugees (UNHCR) or as a U.S. Department of State P1 refugee referral. See 9 FAM 202.3-4(B) below for additional information on circumstances in which asylees or refugees may seek humanitarian parole directly from USCIS. 9 FAM 202.3-3(B)(1) above provides information on humanitarian parole.
(3) (U) Certain Child Abductors in Hague Cases: Pursuant to 9 FAM 302.12-4(B)(7) paragraph b, providing guidance on INA 212(a)(10)(C)(i) ineligibility, a noncitizen parent who abducts a child to, or wrongfully retains a child in, a country that is a party to the Hague Convention on the Civil Aspects of International Child Abduction is not ineligible. However, such individuals may be ineligible for reasons not related to the child abduction. When the presence of such an individual is required in the United States to attend a custody hearing concerning the abducted child, and the individual is ineligible for an NIV, contact the appropriate officer in the Office of Children’s Issues (CA/OCS/CI). CA/OCS/CI, working with CA/VO/F and the consular section, will request an SPBP parole for the individual, if appropriate, using the U.S. government agency parole request process.
c. (U) ICE Parole Requested by Enforcement or Intelligence Agency through Department (Law Enforcement Agency Significant Public Benefit Parole): Department parole requests to USCIS for urgent humanitarian or significant public benefit reasons should not be confused with the more common significant public benefit parole (SPBP) cases requested by law enforcement agencies (LEAs) through Department of Justice channels. LEA SPBP cases involve an individual whose presence is necessary in connection with legal cases or investigations, whether at the federal, state, local, or tribal level of government. Such requests are submitted to ICE. These cases usually will come to a consular section's attention via a parole authorization MEMO authorizing the issuance of a transportation letter. See paragraph d in 9 FAM 202.3-4(D) below for guidance on issuing transportation letters. Other types of non-Department cases are those requested directly by intelligence agencies.
9 FAM 202.3-3(B)(3) (U) Parole Authorization for Individuals Outside the United States – Parole of Removed Individuals Who Successfully Appeal Removal Decision
(CT:VISA-1990; 05-24-2024)
(U) If an individual who was previously removed from the United States successfully appeals the removal decision and wishes to return to the United States, the individual must receive a parole authorization from ICE. See ICE Policy Directive Number 11061.1. If ICE determines that it will facilitate the return to the United States of a previously removed individual in this circumstance, it will send a parole notification to the consular section. After receiving such parole notification from ICE, process the case promptly, following the standard operating procedures for parole cases outlined in 9 FAM 202.3-4(D) below. If you are contacted by an individual who appears to fall within this category, notify the parole portfolio holder in CA/VO/F and advise the individual to contact the ICE Public Advocate (EROPublicAdvocate@ice.dhs.gov; 202-732-3100).
9 FAM 202.3-4 Unavailable
(CT:VISA-1924; 02-26-2024)
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(CT:VISA-1990; 05-24-2024)
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(5) (U) Advising Prospective Parolee: You should advise the prospective parolee of the following when issuing the boarding foil:
(a) (U) The purpose of the boarding foil is to allow the individual to travel to the United States and request parole at a POE into the United States for the temporary period authorized by USCIS and indicated on the boarding foil;
(b) (U) The validity period for travel using the boarding foil;
(c) (U) The period for which USCIS authorized parole as specified in the annotation;
(d) (U) CBP decides whether to parole the individual into the United States when the individual arrives at the POE and seeks parole;
(e) (U) If CBP paroles the individual into the United States and will issue either an electronic or hardcopy I-94, Arrival/Departure Record, to the parolee at the POE. Parolees who receive an electronic I-94 but who want a hard copy or other evidence of admission can access and print a copy of this information online at the CBP website; and
(f) (U) The I-94 is the individual’s evidence of parole and authorized period of stay while in the United States and should be maintained by the parolee.
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(5) (U) Advise the prospective parolee of the following when issuing the transportation letter:
(a) (U) The purpose of the transportation letter is to allow the individual to travel to the United States and request parole into the United States at a POE for the temporary period for which parole has been authorized;
(b) (U) The validity period for which the prospective parolee has been authorized to travel using the transportation letter;
(c) (U) CBP makes the decision whether to parole the individual into the United States when the individual arrives at the POE and seeks parole;
(d) (U) If CBP paroles the individual into the United States, CBP will issue either an electronic or hard copy Form I-94, Arrival/Departure Record, to the parolee at the POE. Parolees who receive an electronic I-94 but who want a hard copy or other evidence of admission can access and print a copy of this information online at the CBP website; and
(e) (U) The I-94 is the individual’s evidence of parole status and authorized period of stay while in the United States and should be maintained by the parolee.
d. (U) Transportation Letter, Boarding Authorization for Transportation Lines: You may use the Transportation Letter, Boarding Authorization for Transportation Lines for parole cases under INA 212(d)(5). The following is sample text of the Transportation Letter, Boarding Authorization for Transportation Lines.
[Insert date this letter is issued]
The Transportation Company and
The Port Director
U.S. Customs and Border Protection at Port of Entry
Re: (Name of Traveler)
(Date and Place of Birth)
(United States Destination)
(Address and Interested Party)
(Department of Homeland Security (DHS) 'A' number)
(Approving office of DHS)
Dear Sir/Madam:
The Department of Homeland Security has approved the above-named traveler to travel to the United States to seek parole for [insert period from parole authorization memo] beginning with subject’s arrival in the United States under Section 212(d)(5) of the Immigration and Nationality Act.
This letter is valid through [insert date seven calendar days after date of issuance of this letter unless there are different instructions in the parole authorization memo].
An airline may accept this letter as assurance that the above-named individual may be transported to the United States without liability under Section 273(b) of the Immigration and Nationality Act.
Very truly yours,
/s/
[name]
(Vice) Consul of the United States of America
Attachments:
Copy of parole authorization memo- #xxxx dated mm/dd/yyyy (attached on DHS copy only)
Photograph (attached on DHS copy only)
Form DS-2054, Report of Medical Examination by Panel Physician (attached only if applicable and only on DHS copy)
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9 FAM 202.3-4(E) Unavailable
(CT:VISA-1924; 02-26-2024)
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