UNCLASSIFIED (U)

9 FAM 202.3

(U) Parolees

(CT:VISA-891;   07-15-2019)
(Office of Origin: CA/VO/L/R)

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-788;   05-16-2019)

a. (U) Parole authority is governed by section 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 Homeland Security (DHS), including authorizing parole for an alien into the United States for urgent humanitarian reasons or for significant public benefit. 

b. (U) Parole is an extraordinary measure, sparingly utilized to permit an otherwise inadmissible alien to enter the United States for a temporary period due to an urgent humanitarian reason or for significant public benefit.  Parole may be requested for an alien 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.

(U) A Memorandum of Agreement (MOA) between DHS component agencies, U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) sets out the division of responsibility for parole of each DHS agency.  While USCIS and ICE can authorize issuance of an advance parole document, CBP makes the actual decision whether to parole an individual when the individual arrives at the port of entry 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, before the alien travels to a port of entry and requests parole.  Advance authorization requests can be made for aliens 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.  Alternatively, ”Advance Parole” may be authorized for aliens 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 DHS’ U.S. Citizenship and Immigration Services (USCIS) and are processed by a USCIS Service Center or domestic Field Office.  Some cases 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 neither 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 should be seen as a last resort for persons with urgent needs 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 Secretary of Homeland Security.

9 FAM 202.3-2(B)  (U) Parole Does Not Confer Immigration Benefits

(CT:VISA-788;   05-16-2019)

a. (U) Parole does not, in and of 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 immigrant status (usually based on a previously approved petition), otherwise obtain lawful immigration status, or request to be re-paroled.  Generally, parole authorization permits the alien to travel to the United States only one time and does not allow an alien 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 alien may apply for asylum in the United States, and, if asylum is approved, may eventually adjust status to lawful permanent resident, 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 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 sponsor who will provide financial support for the parolee once in the United States.

d. (U) Parolees generally must depart the United States before the end of the authorized parole period; however, some circumstances may permit an alien to remain in the United States beyond the authorized parole period.  In such situations, an alien 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 alien 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.  Consular officers should 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.  Consular officer must verbally inform the alien of this limit (see 9 FAM 202.3-3(B)(1) for additional information on post processing parole authorization memos).

9 FAM 202.3-3  (U) Types of parole

9 FAM 202.3-3(A)  (U) Advance Parole for Aliens Inside the United States

(CT:VISA-1;   11-18-2015)

a. (U) In some instances, USCIS or ICE authorizes Advance Parole to aliens in the United States whose immigration status is under review (e.g., pending an asylum hearing or an adjustment of status), but who request to travel abroad.  Aliens seeking Advance Parole generally must apply and have approval before departing the United States.  USCIS or ICE usually approves Advance Parole for a specific period of time and the alien must return to the United States before its expiration.  Generally 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) USCIS or ICE, upon authorizing Advance Parole, issues a Form I-512-L, Authorization of Parole of an Alien into the United States, directly to the individual obtaining Advance Parole, to allow him or her to return to the United States to seek parole into the United States.  There is usually no consular role in Advance Parole cases for aliens in the United States.  However, such aliens might seek assistance from consular officers after such parole has expired or the Form I-512-L is lost or stolen.  The consular officer should refer the applicant to the nearest USCIS or ICE office abroad.

9 FAM 202.3-3(B)  (U) Parole for Aliens Outside the United States

(CT:VISA-1;   11-18-2015)

(U) Parole may be requested in one of two ways for individuals outside the United States.  A humanitarian parole request may be made by an individual filing USCIS Form I-131, Application for Travel Document on his or her own behalf or on behalf of an individual outside the U.S. (see 9 FAM 202.3-3(B)(1) below, or parole may be requested by a U.S. Government agency, including the Department (see 9 FAM 202.3-3(B)(2) below).

9 FAM 202.3-3(B)(1)  (U) Parole Request by Alien (Form I-131 – “Humanitarian Parole”)

(CT:VISA-1;   11-18-2015)

a. (U) Commonly, Form I-131 (Application for Travel Document), is filed by aliens requesting parole for urgent humanitarian reasons.  This type of parole authorization is sometimes referred to as “humanitarian parole.”  An alien may file Form I-131 on his or her own behalf or on behalf of an individual outside the United States.

b. (U) According to a Memorandum of Agreement between DHS component agencies USCIS, ICE, and CBP, an alien 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) Consular officers should not routinely suggest parole as an option to applicants who are denied a visa.  Post should direct aliens who inquire about parole to www.uscis.gov for information on how to apply for parole directly with USCIS. With advance authorization from USCIS International Operations Division (USCIS/IO), Form I-131 may be filed at post (see 9 FAM 202.3-2(B)).  Parole should be a last option for aliens who:

(1)  (U) Are otherwise ineligible for a visa; and

(2)  (U) Cannot benefit from a waiver; and

(3)  (U) Have urgent humanitarian reasons to travel to the United States; or

(4)  (U) Whose travel to the United States presents a significant public benefit.

d. (U) When responding to inquiries from potential applicants regarding parole, the consular officer must 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 Aliens Outside the United States – Request by U.S. Government Agency or Department

(CT:VISA-875;   06-26-2019)

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 alien who is outside the United States.  Authority to adjudicate U.S. government agency and Department parole requests for aliens outside the United States generally rests with both USCIS’ International Operations Division (IO) and ICE’s Parole and Law Enforcement Programs Unit (PLEPU), depending on the nature of the parole request and the immigration history of the alien for whom parole is requested.  An alien 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 aliens who present themselves at a U.S. port-of-entry without filing a formal request for parole, but will also make the final determination on whether any parole is appropriate at the time that the individual presents him or herself for inspection.  There may be limited instances where the Department may 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 to admit an alien to the United States as quickly as possible.  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 alien 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 posts of parole authorization in such cases via a parole authorization memo, authorizing the post to issue a boarding foil. 

(2)  (U) Certain Protection Cases: Parole cannot be used in lieu of normal refugee processing except where there is a clear U.S. government interest and a need for the alien to travel to the United States as quickly as possible.  In order to meet the Department's criteria for requesting USCIS to parole an alien into the United States for protection reasons, the alien must be in imminent danger of serious harm and, as a result of this imminent danger, unable to be processed 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, an alien 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 inadmissible.  However, such aliens may be inadmissible for reasons not related to the child abduction.  When the presence of such an alien is required in the United States in order to attend a custody hearing concerning the abducted child, and the alien is ineligible for a nonimmigrant visa, the consular officer must contact the appropriate officer in the Office of Children’s Issues (CA/OCS/CI).  CA/OCS/CI, working with CA/VO/F and the post, will request an SPBP parole for the alien, 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 commonly encountered significant public benefit parole (SPBP) cases requested by law enforcement agencies (LEAs) through Department of Justice channels.  LEA SPBP cases involve an alien 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 will generally come to a post'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 Aliens Outside the United States – Parole of Removed Aliens Who Successfully Appeal Removal Decision

(CT:VISA-296;   03-06-2017)

(U) If an alien who was previously removed from the United States successfully appeals the removal decision and wishes to return to the United States, the alien 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 alien in this circumstance, it will send a parole notification to post.  After receiving such parole notification from ICE, post must process the case as expeditiously as possible, following the standard operating procedures for parole cases outlined in 9 FAM 202.3-4(D)If posts are contacted by an alien who appears to fall within this category, they must notify the parole portfolio holder in CA/VO/F and advise the alien to contact the ICE Public Advocate (EROPublicAdvocate@ice.dhs.gov; 202-732-3100). 

9 FAM 202.3-4  Unavailable

(CT:VISA-447;   09-19-2017)

Unavailable

(1)  Unavailable

(2)  Unavailable

9 FAM 202.3-4(A)  Unavailable

(CT:VISA-875;   06-26-2019)

a. Unavailable

b. Unavailable 

c.  Unavailable

(1)  Unavailable

(2)  Unavailable

(a)  Unavailable

(b)  Unavailable

(c)  Unavailable

(d)  Unavailable

(e)  Unavailable

(f)   Unavailable

(3)  Unavailable

(4)  Unavailable

(5)  Unavailable 

(6)  Unavailable

(7)  Unavailable

(8)  Unavailable

    Unavailable

d. Unavailable

9 FAM 202.3-4(B)  Unavailable

(CT:VISA-875;   06-26-2019)

a. Unavailable

b. Unavailable

(1)  Unavailable

(2)  Unavailable

(3)  Unavailable  

(4)  Unavailable

9 FAM 202.3-4(C)  Unavailable

(CT:VISA-447;   09-19-2017)

a. Unavailable 

b. Unavailable 

(1)  Unavailable 

(2)  Unavailable

c.  Unavailable

(1)  Unavailable

(2)  Unavailable

(3)  Unavailable

(4)  Unavailable

(5)  Unavailable

(6)  Unavailable

(7)  Unavailable

d. Unavailable

(1)  Unavailable

(2)  Unavailable

(3)  Unavailable

(4)  Unavailable

(5)  Unavailable

9 FAM 202.3-4(D)  Unavailable

(CT:VISA-891;   07-15-2019)

a. Unavailable

b. Unavailable

(1)  Unavailable

(a)  Unavailable

(b)  Unavailable

(c)  Unavailable

(d)  Unavailable

(2)  Unavailable

(a)  Unavailable

(b)  Unavailable

(c)  Unavailable

(d)  Unavailable 

(e)  Unavailable

(f)   Unavailable

(g)  Unavailable

(3)  Unavailable 

(a)  Unavailable 

(b)  Unavailable

(4)  Unavailable

(a)  Unavailable   

(i)     Unavailable

(ii)    Unavailable

(iii)    Unavailable

(b)  Unavailable

(5)  (U) Advising Prospective Parolee:  Post 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 port of entry 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) DHS/CBP makes the decision whether to parole the individual into the United States when the individual arrives at the port-of-entry and seeks parole;

(e)  (U) If DHS/CBP paroles the individual into the United States, DHS/CBP will issue either an electronic or hardcopy I-94, Arrival/Departure Record, to the parolee at the port-of-entry.  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.

c.  Unavailable

(1)  Unavailable

(2)  Unavailable

(3)  Unavailable

(a)  Unavailable

(b)  Unavailable

(c)  Unavailable

(4)  Unavailable

(a)  Unavailable 

(i)     Unavailable 

(ii)    Unavailable

(iii)    Unavailable

(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 port-of-entry 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 port-of-entry 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 port-of-entry.  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 LinesYou 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 Alien)

(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 alien to travel to the United States to seek parole  for [insert period of time 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 alien 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)

e. Unavailable

9 FAM 202.3-4(E)  Unavailable

(CT:VISA-447;   09-19-2017)

Unavailable 

 

 

 

UNCLASSIFIED (U)