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”.