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Tag - parole

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PAROLE-IN-PLACE FOR SPOUES OF US CITIZENS
On August 19, 2024 USCIS will begin accepting Applications for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens using a new electronic Form I-131F. USCIS has published webpages with additional information about these processes:  Filing Guide for Form I-131F & Keeping Families Together webpage. USCIS has also updated the Key Questions and Answers about the process on the Keeping Families Together webpage. More information about Keeping Families Together will be made available in a Federal Register notice in the coming days.Form I-131F will only be available to file online. Each requestor, including minors, must file a separate Form I-131F, and each requestor must have their own USCIS online account, including minors. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account webpage. There is no paper form for this process.
Humanitarian Parole
USCIS uses its discretion to authorize parole. Parole allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be paroled into the United States for a temporary period. The Immigration and Nationality Act (INA) allows the secretary of homeland security to use their discretion to parole any noncitizen applying for admission into the United States temporarily for urgent humanitarian reasons or significant public benefit. (See INA section 212(d)(5).) An individual who is paroled into the United States has not been formally admitted into the United States for purposes of immigration law. Parole is not intended to be used solely to avoid normal visa processing procedures and timelines, to bypass inadmissibility waiver processing, or to replace established refugee processing channels. USCIS Parole Operations processes a variety of Form I-131 parole requests for individuals outside of the United States, including expedited processing for cases involving extremely urgent circumstances, settlement-related processing, and policy-related processing priorities. USCIS Parole Operations, therefore, does not categorically adjudicate these requests on a first-in, first out basis. Consequently, we are not able to post a standard processing time for this type of application. Length of Parole If authorized, we will specify the duration of parole for a temporary period of time to accomplish the purpose of the parole. For example, if parole is requested to attend a civil court proceeding between private parties, we may authorize parole for the period of time necessary to attend the proceedings. We typically grant parole for no more than 1 year, although we may grant parole for a longer duration depending on the reason for the parole. Parole ends on the date the parole period expires or when a parolee departs the United States or acquires an immigration status, whichever occurs first. In some cases, we may place conditions on parole, such as reporting requirements. We may revoke parole at any time and without notice if we determine that parole is no longer warranted or a parolee fails to comply with any conditions of parole. Humanitarian or Significant Public Benefit Parole Requests All humanitarian or significant public benefit parole requests must include documents including evidence of identity for the petitioner, the beneficiary, and the individual agreeing to financially support the beneficiary, as noted in the chart below. Required Documentation: Type of Documents to Submit Beneficiary A clear and legible copy of a valid government-issued identification document that shows the beneficiary’s country of citizenship or country of habitual residence (if available). Petitioner A clear and legible copy of a valid government-issued photo identification document that shows name and date of birth. For example:A current Employment Authorization Document;A valid government-issued driver’s license;Passport identity page;Form I-551, Permanent Resident Card, orAny other official identity document.Evidence of citizenship or U.S. immigration status (such as a copy of a U.S. passport, lawful permanent resident card, or U.S. birth certificate), if any, if applicable. See Form I-131 instructions (PDF, 285.07 KB). Individual agreeing to financially support the beneficiary A clear and legible copy of a valid government-issued photo identification document that shows name and date of birth. For example:A current Employment Authorization Document;A valid government-issued driver’s license;Passport identity page;Form I-551, Permanent Resident Card, orAny other official identity document.Evidence of citizenship or U.S. immigration status (such as a copy of a U.S. passport, lawful permanent resident card, or U.S. birth certificate), if any, if applicable. See Form I-134 instructions (PDF, 952.43 KB).Evidence of how the individual agreeing to support the beneficiary will financially support the beneficiary in the United States, including any evidence of employment, tax records, bank statements, or other evidence. See Form I-134 instructions (PDF, 952.43 KB) and the “The Need for a Sponsor” section on the humanitarian or significant public benefit parole webpage for more information.
International Entrepreneur Rule
BACKGROUND The International Entrepreneur Rule, published in 2017, provides a framework for the Department of Homeland Security to use its parole authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who would provide a significant public benefit through their startup entity’s potential for rapid growth and job creation. If granted parole, the entrepreneur would be authorized to work for their startup entity incident to their parole, and their spouse, if also granted parole, would be eligible to apply for employment authorization to work in the United States. INITIAL PAROLE REQUIREMENTS Threshold criteria and key elements of the International Entrepreneur Rule include: STATUTE 8 CFR § 212.19
PAROLE
Conditional Parole Conditional parole is also known as release from custody. This is a separate and distinct process from parole and does not meet the “inspected and paroled” requirement for adjustment eligibility. Evidence of Parole Evidence of parole includes: Special Immigrant Juvenile Status (SIJS) Parole INA § 245(h) states “a special immigrant described in section 1101(a)(27)(J) of this title…such an immigrant shall be deemed, for purposes of subsection (a) [adjustment of status], to have been paroled into the United States.” The Regulations at 8 C.F.R. § 1245.1(a) goes farther, noting that regardless of how they entered the United States, a young person designated a special immigrant juvenile has been paroled: such a person is “deemed, for the purpose of applying the adjustment of status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States” (emphasis added). A Respondent cannot be found inadmissible or removable for being present in the United States without having been paroled when, under the law, he has been deemed to have been paroled. So this would serve as grounds for a motion to terminate removal proceedings if the the respondent is being charged only as inadmissible INA § 212(a)(6)(A)(i). INA §245(h) (h) Application with respect to special immigrants In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title- (1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and (2) in determining the alien’s admissibility as an immigrant- (A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and (B) the Attorney General may waive other paragraphs of section 1182(a) of this title (other than paragraphs (2)(A), (2)(B), (2)(C) (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. INA § 245(h) is clear and unambiguous, as “a special immigrant described in section 1101(a)(27)(J) of this title…such an immigrant shall be deemed, for purposes of subsection (a) [adjustment of status], to have been paroled into the United States.” The Regulations at 8 C.F.R. § 1245.1(a) goes farther, noting that regardless of how they entered the United States, a young person designated a special immigrant juvenile has been paroled: such a person is “deemed, for the purpose of applying the adjustment of status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States” (emphasis added). The Respondent cannot be found inadmissible or removable for being present in the United States without having been paroled when, under the law, he has been deemed to have been paroled. 8 USC § 1101(a)(27)(J) (J) an immigrant who is present in the United States— **(i)**who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; **(ii)**for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; and (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that— **(I)**no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and **(II)**no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; When is Parole NOT Parole for Purposes of Adjustment of Status? See **Matter of Olty CABRERA-FERNANDEZ, 28 I&N Dec. 747 (BIA 2023);** MATTER OF CABRERA FERNANDEZ (1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed. (2) Applicants for admission who are released on conditional parole rather than humanitarian parole have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended.
Family Reunification Parole Processes (FRPP)
Family Reunification Parole Processes (FRPP) Family Reunification Parole Process (FRPP) is a program established by the U.S. Citizenship and Immigration Services (USCIS) to reunify eligible family members of U.S. citizens and lawful permanent residents (LPRs) who are waiting for their immigrant visas. It’s designed to allow certain family members to come to the United States while they wait for their immigrant visas to become available, rather than waiting in their home countries. The FRPP allows the USCIS to grant parole on a case-by-case basis, usually for humanitarian reasons, to eligible family members who would otherwise face a significant waiting period before they can join their U.S. citizen or LPR relatives. The program primarily targets family members from countries with high demand for immigrant visas. It’s important to note that while FRPP can facilitate family reunification, it doesn’t grant permanent legal status in the United States, and beneficiaries must continue their immigration process to obtain lawful permanent residence. Noncitizens that come to the United States through this process will be paroled into the country on a temporary basis under INA §212(d)(5); 8 U.S.C. § 1182(d)(5). How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes available to them. Invitations will be sent on a rolling basis. Who is eligible for consideration for parole under the family reunification parole processes? The family reunification parole processes are available by invitation only to certain petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of Colombia, El Salvador, Guatemala, or Honduras, have been approved.  Invitations will identify the principal beneficiary and their immediate family members. This process allows U.S. citizen and lawful permanent resident petitioners to initiate a process for their eligible beneficiaries to be paroled into the United States while they wait for their family-based immigrant visas to become available. For more information, see the Eligibility section of www.uscis.gov/frp. How long is the period of parole under the family reunification parole processes? Individuals granted parole under these processes will generally be paroled into the United States for a period of up to three years, subject to applicable medical and vetting requirements. QUESTIONS RELATING TO SUPPORTERS AND FILING FORM I-134A How are invitations being issued?The Department of State’s National Visa Center (NVC) will email the invitation to petitioners at the email address of record for the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record. Please make sure the NVC has your current contact information and mailing address. To update your contact information or address, contact the NVC through their Public Inquiry Form.  Invitations will be issued on a rolling basis, based on U.S. government operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and consistency to ensure process integrity. If you have not yet received an invitation, you may receive an invitation in the future.  How can attorneys fill out Form I-134A for their clients who would like to request to be a supporter and initiate an FRP process on behalf of a beneficiary?There is no option at this time for an attorney or accredited representative to use an online representative account to file Form I-134A on behalf of a petitioner or submit travel authorization information on behalf of a beneficiary after confirmation of a Form I-134A. I am an attorney assisting a supporter with Form I-134A. If the petitioner fills out the preparer declaration on the form, can I get information about the petitioner or beneficiary?No. The preparer declaration simply reflects that you helped an individual complete the declaration (form filling). If you are an attorney or accredited representative, you must submit a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS if you wish to receive information about your client’s (petitioner’s) Form I-134A. We do not currently allow representatives to complete Form I-134A online on behalf of a petitioner using a representative account. However, a representative who has submitted a valid Form G-28 to USCIS separately through a representative account may inquire about their client(s)/supporter(s) case by contacting the USCIS Contact Center. Can I submit Form I-134A by paper?No. Form I-134A may only be filed online through your USCIS online account. Can I submit Form I-134A on behalf of my family member if I live outside the United States?No. The family reunification parole processes are available by invitation only to petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of either Colombia, El Salvador, Guatemala, or Honduras, have been approved. The invitation will list the principal beneficiary and their immediate family members. At this time, invitations will not be sent to petitioners with addresses outside the United States. Is there a cost to file Form I-134A?No. There is no fee to file Form I-134A. Neither you nor the beneficiary is required to pay the U.S. Government a fee to file the Form I-134A, be considered for travel authorization, or parole. Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process. I want to submit Form I-134A on behalf of a family of 4. Can I file one Form I-134A for the entire family?No. You must file a separate Form I-134A for each beneficiary, including minor children. Can I agree to support more than one beneficiary?Yes. If you received an invitation, you may submit a separate Form I-134A for the principal beneficiary and a separate Form I-134A for each derivative beneficiary. There is no limit on how many beneficiaries you may agree to support, but we will determine whether you have the financial ability to support all beneficiaries you have agreed to support for the duration
Family Reunification Parole Processes (FRPP)
How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes available to them. Invitations will be sent on a rolling basis. Who is eligible for consideration for parole under the family reunification parole processes? The family reunification parole processes are available by invitation only to certain petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of Colombia, El Salvador, Guatemala, or Honduras, have been approved.  Invitations will identify the principal beneficiary and their immediate family members. This process allows U.S. citizen and lawful permanent resident petitioners to initiate a process for their eligible beneficiaries to be paroled into the United States while they wait for their family-based immigrant visas to become available. For more information, see the Eligibility section of www.uscis.gov/frp. How long is the period of parole under the family reunification parole processes? Individuals granted parole under these processes will generally be paroled into the United States for a period of up to three years, subject to applicable medical and vetting requirements. QUESTIONS RELATING TO SUPPORTERS AND FILING FORM I-134A How are invitations being issued? The Department of State’s National Visa Center (NVC) will email the invitation to petitioners at the email address of record for the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record. Please make sure the NVC has your current contact information and mailing address. To update your contact information or address, contact the NVC through their Public Inquiry Form.  Invitations will be issued on a rolling basis, based on U.S. government operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and consistency to ensure process integrity. If you have not yet received an invitation, you may receive an invitation in the future.  How can attorneys fill out Form I-134A for their clients who would like to request to be a supporter and initiate an FRP process on behalf of a beneficiary? There is no option at this time for an attorney or accredited representative to use an online representative account to file Form I-134A on behalf of a petitioner or submit travel authorization information on behalf of a beneficiary after confirmation of a Form I-134A. I am an attorney assisting a supporter with Form I-134A. If the petitioner fills out the preparer declaration on the form, can I get information about the petitioner or beneficiary? No. The preparer declaration simply reflects that you helped an individual complete the declaration (form filling). If you are an attorney or accredited representative, you must submit a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS if you wish to receive information about your client’s (petitioner’s) Form I-134A. We do not currently allow representatives to complete Form I-134A online on behalf of a petitioner using a representative account. However, a representative who has submitted a valid Form G-28 to USCIS separately through a representative account may inquire about their client(s)/supporter(s) case by contacting the USCIS Contact Center. Can I submit Form I-134A by paper? No. Form I-134A may only be filed online through your USCIS online account. Can I submit Form I-134A on behalf of my family member if I live outside the United States? No. The family reunification parole processes are available by invitation only to petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of either Colombia, El Salvador, Guatemala, or Honduras, have been approved. The invitation will list the principal beneficiary and their immediate family members. At this time, invitations will not be sent to petitioners with addresses outside the United States. Is there a cost to file Form I-134A? No. There is no fee to file Form I-134A. Neither you nor the beneficiary is required to pay the U.S. Government a fee to file the Form I-134A, be considered for travel authorization, or parole. Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process. I want to submit Form I-134A on behalf of a family of 4. Can I file one Form I-134A for the entire family? No. You must file a separate Form I-134A for each beneficiary, including minor children. Can I agree to support more than one beneficiary? Yes. If you received an invitation, you may submit a separate Form I-134A for the principal beneficiary and a separate Form I-134A for each derivative beneficiary. There is no limit on how many beneficiaries you may agree to support, but we will determine whether you have the financial ability to support all beneficiaries you have agreed to support for the duration of their parole period, which is up to three years. Each Form I-134A must be submitted using the petitioner’s same USCIS online account. It is also permissible to have co-supporters join you to support all the beneficiaries. Please see Q17. What if a derivative beneficiary was not included on the approved Form I-130? Can I submit a Form I-134A on their behalf as a derivative beneficiary? If a principal beneficiary married or had a child after we approved the underlying Form I-130, you may also file Form I-134A to request to be a supporter and initiate the FRP process for the principal beneficiary’s spouse or child under age 21 (often referred to as add-on derivatives). Certain circumstances may affect eligibility. The invitation you receive instructing that you may file Form I-134A will not list the add-on derivatives because they were not listed on the underlying Form I-130 you filed and USCIS approved. However, you may still file Form I-134A requesting to be a supporter and initiate the FRP process for the add-on derivatives of the principal