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. https://www.uscis.gov/sites/default/files/files/form/i-131.pdf
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. https://www.uscis.gov/sites/default/files/files/form131instr.pdf
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.)
Comments
Post a Comment