What is a humanitarian entry permit?

Last week several people showed up at the Otay border to apply for humanitarian parole. This event, like last year's "Dream30" and "Dream9" actions, has raised many questions about how this immigration benefit works and its eligibility requirements.

Humanitarian entry permits temporary entry into the United States for reasons of humanitarian urgency or significant public benefit. Examples of reasons for granting a humanitarian entry permit include life-threatening emergency medical treatment and civil or criminal court proceedings.

Generally, a humanitarian entry permit does not grant long-term immigration benefits. It is only granted under extraordinary circumstances and allows a person who is not generally admissible to the U.S. to visit the country on a temporary basis. Generally, it requires the person to return to his or her home country when the time allowed to be in the U.S. expires.

This permit may not be used to circumvent the regular procedures for applying for a visa to enter the U.S., including waiting times.

Humanitarian entry clearance is a difficult immigration benefit to obtain. To give you an idea, in the past, the U.S. Citizenship and Immigration Services (USCIS) has only approved 25% out of approximately 1,200 applications filed annually.

The Humanitarian Affairs Section of the USCIS Office of International Operations, U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) jointly administer this immigration program.

Depending on the reasons for the application and where the applicant for the immigration benefit is located, the application must be filed with USCIS, CBP or ICE.

Each of these governmental entities has its own particular procedures for applying for a humanitarian entry permit. Generally, a Form I-131 must be submitted along with evidence to support the application, such as birth and marriage certificates, death certificates, medical insurance, financial statements, and documents of personal identity or immigration status.

Under certain circumstances, humanitarian entry permits may be reissued by the federal government. It is also possible that a person who has entered the U.S. by means of a humanitarian entry permit may be able to change their status as long as there is another immigration benefit, such as asylum and certain family-based petitions that would allow them to obtain permanent residence.

It is extremely important that anyone wishing to apply for a humanitarian entry permit consult with an immigration attorney before beginning the process.

For more information and immigration tips, read my blog inmigracionhoy.com.

Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.

Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a past President of the Hispanic National Bar Association and current President of the Los Angeles Westlake South Neighborhood Council. To contact Mr. Castillo's office, please call (213) 537-VISA (8472).