How aliens can get advance parole to travel to the United States

By Atty. Emmanuel Samonte Tipon  

What is “parole”? “Parole” allows an alien to physically enter the U.S. for a specific purpose – usually for humanitarian reasons or significant public benefit. See Immigration and Nationality Act Section 212(d)(5).

Family members of Filipino World War II veterans who are beneficiaries of approved family-based immigrant visa petitions will be given an “opportunity to receive a discretionary grant of parole on a case-by-case basis, so that they may come to the United States while waiting for their immigrant visa to become available” beginning June 8, 2016 according an announcement by USCIS on May 9, 2016.s

The Department of Homeland Security issues an Advance Parole document to an alien authorizing the alien to appear at a port of entry to seek parole into the United States. This document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. The alien must have a passport. The Advance Parole document does not, by itself, entitle the alien to enter the United States. When the alien arrives at the port of entry, the alien will be inspected by the Customs and Border Protection. The alien must present the Advance Parole document to the CBP agent who will review the case to determine whether the alien is admissible under the Immigration and Nationality Act. If the CBP agent denies parole, the alien may be detained and subjected to expedited removal or placed in removal proceedings before an Immigration Judge as authorized by law and regulations. If the CBP agent grants parole, the agent will issue a separate document authorizing the alien to be paroled into the United States, and specify the terms and conditions as the agent may deem appropriate. An alien who has been “paroled” has not been “admitted” to the United States in immigration parlance but remains an “applicant for admission”.

USCIS announced that Form I-131 is to be used by an alien seeking advance parole. Here is the link to Form I-131, click here

Aliens seeking to use Form I-131 must read carefully the Instructions in filling up and filing the form. Here is the link to the Form -131 instructions, click here

Pay particular attention to the part of the Instructions for aliens applying for Advance Parole Document for a person who is outside the United States. There are documents that must be attached to the Petition, including, the reason why advance parole is requested (such as the parole policy of the United States for beneficiaries of approved family-based immigrant visa petitions filed by Filipino World War II veterans that was announced on May 9, 2016), an affidavit of support (Form I-134), an explanation why a U.S. visa cannot be obtained or why a visa was not sought, an explanation why a waiver of inadmissibility cannot be obtained to allow issuance of a visa or why a waiver has not been sought. Most importantly, a copy of the approved immigrant visa petition and evidence regarding any pending immigrant petition must be attached. The alien must also submit passport-style photos, size 2” x 2”, in color, in accordance with the prescribed requirements. USCIS will notify the applicant if biometric collection is required. At the time of this writing the filing fee for Form I-131 is $360. Applicants must check with USCIS at www.uscis.gov/forms or call 1-800-375-5283 before filing for information on the current fee. Contact the U.S. Embassy for the method of payment. Applicants who can demonstrate that they are unable to pay should file Form I-912, Fee Waiver Request. Contact the USCIS for information on where to file at www.uscis.gov/I-131 or call 1-800-375-5283.


(Atty. Tipon has a Master of Laws degree from Yale Law School where he specialized in Constitutional Law. He has also a Bachelor of Laws degree from the University of the Philippines. He placed third in the Philippine Bar Examination in 1956. His current practice focuses on immigration law and criminal defense. He writes law books for the world’s largest law book publishing company and writes legal articles for newspapers. He has also a radio show in Honolulu, Hawaii with his son Noel, senior partner of the Bilecki & Tipon law firm, where they discuss legal and political issues. Office: American Savings Bank Tower, 1001 Bishop Street, Suite 2305, Honolulu, Hawaii, U.S.A. 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website:
www.MilitaryandCriminalLaw.com. He was born in Laoag City, Philippines. He served as a U.S. Immigration Officer. He is co-author with retired Manila RTC Judge Artemio S. Tipon of the best-seller “Winning by Knowing Your Election Laws” and co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)