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.
d (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
ICEs 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 ICEs 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 Childrens 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
individuals 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
individuals 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 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 subjects
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