No More Parole for Children from Central America
Attorney: Immigration Attorney Alena Shautsova
On December 1, 2014, DHS and the U.S. Department of State (DOS) announced that the U.S. Government would allow certain minors in El Salvador, Guatemala, and Honduras to be considered for refugee status in the United States. The program helped children to come to the United States if a qualifying parent was present in the US in a legal status. At some point the program was expanded and helped to come (1) The in-country biological parent of a qualifying child who is not legally married to the qualifying parent in the United States may apply, and the unmarried and under 21 years of age children and/or legal spouse of the in-country parent can also be included as derivatives of the in-country parent; (2) the caregiver of a qualifying child who is related to either the qualifying parent in the United States or the qualifying child may apply, and the unmarried and under 21 years of age children and/or legal spouse of the caregiver can also be included as derivatives of the caregiver; (3) the married and/or 21 years of age or older children of the qualifying parent (who is lawfully present in the United States) may apply, and (4) the unmarried and under 21 years of age children and legal spouse of the married and/or 21 years of age or older child can also be included as derivatives.
On August 16, 2017, the new administration cancelled the program. All those who were pre-qualified while in their country of origin will be notified that their registration would be terminated. This decision affects those who have not yet traveled to the United States. Those who were already paroled into the US, may remain here, their parole would not be terminated, and they will be allowed to submit form I 131 to be re -paroled while in the United States.
For those who got left behind overseas: they still may try regular Humanitarian parole route. More information on humanitarian parole may be found here: http://www.russianspeakinglawyerny.com/humanitarian-parole/.
If you have questions regarding parole procedure and qualifications, call our office 917-885-2261.
Author: New York Immigration lawyer Alena Shautsova
USCIS and CBP are authorized to parole into the US a person who is not qualified for a visa and does not have permanent residency for humanitarian reasons. An application for humanitarian parole has to be filed in the United States. Most often such a relief is used by parents of minor children who have to wait for a long time to immigrate to the US with their parents. Parole is also used for medical emergencies and for other humanitarian reasons or for significant public benefit. One of the reasons for parole can be participation in court hearings during criminal or civil proceedings.
Humanitarian parole is basically a permission to come to the US which is not a visa or a green card. It is a temporary authorization which can be given for the length of the emergency, typically it is given for a year or two. A person who is in the US and still has circumstances which require his/her continuous presence in the US, can ask for re-parole.
The filing procedure is outlined in the instructions to the form I 131. A person requesting the parole has to submit an affidavit of support form and evidence of the necessity for US entry. While a parole is a great opportunity to solve some urgent and difficult situations, it cannot be used to overcome visa or residency requirements. For that reason, every applicant has to provide an explanation as to why humanitarian parole is the best option for him/her.
When the case is approved by USCIS, a consulate overseas is informed and the beneficiary has to comply with the biometrics and/or security checks. A consulate would then issue a boarding foil which will allow the beneficiary to come to the US.
Examples of approved applications for parole include: approval for medical emergency; approval for a minor child of a permanent resident; approval for the TPS holder who neglected to travel on advance parole.
Resources on humanitarian parole: