Note: The Trump administration has heavily curtailed parole programs into the United States. For example, U.S. Citizenship and Immigration Services (USCIS) discontinued authorizing advance parole for DACA recipients; the administration terminated the Central America Minors (CAM) Refugee/Parole Program; and the administration is considering a termination of military parole-in-place. Thus, much of the content of this manual is useful for assessing prior grants of parole, but the content no longer reflects the current state of parole practice. Advocates continue to challenge the actions of the current administration and some of these decisions are subject to lawsuits.
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
This manual provides in-depth discussion of complex legal issues in easily accessible language, complete with a how-to guide for filling out the parole application form. Also included are detailed and up-to-date explanations of the following issues to prepare the reader for applying for and winning parole requests for immigrant clients:
- The benefits of parole, including the ability to travel as well as the legal consequences of having a “parole” entry for adjustment of status;
- The various circumstances in which a person could apply for advance parole to leave the United States and reenter, including as an adjustment applicant, a TPS holder, and in emergency situations;
- The unique requirements and considerations for Deferred Action for Childhood Arrivals (DACA) recipients seeking advance parole;
- In-depth discussions of humanitarian parole for those outside the United States seeking entry in a wide range of circumstances, including in emergency situations, for Violence Against Women Act (VAWA) cancellation of removal derivatives, for U visa and VAWA derivatives’ derivatives, for U visa applicants and their derivatives on the U nonimmigrant status waitlist, and other humanitarian reasons;
- Examination of the requirements and application processes for specific humanitarian parole programs created to assist vulnerable populations or those facing significant limitations in the immigrant visa system, including parole programs for Cubans, Haitians, Filipino Veterans, Central American Children, and Entrepreneurs;
- Detailed discussion of parole-in-place, how it differs from other parole options, its potential benefits, and the current parole-in-place policy that focuses on certain family members of military personnel and veterans;
- Jurisdictional consequences of traveling on parole for certain applications and bond for parolees; and
- Special considerations for those traveling and seeking entry based on parole who have prior criminal or immigration violations.