Parole Defined: Parole, Parole-in-Place, Advance Parole
[INA §212(d)(5)(A), 8 USC §1182(d)(5)(A)]
Author: Alexander D. Sanchez, Esq.
Date: September 12, 2016
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Parole in terms of immigration laws is a term used to define instances where a person is allowed temporary stay in the United States. A parole is not an admission. An alien may be paroled into to the United States for urgent humanitarian reasons or where there is a significant public benefit. A person has been paroled does not meet the technical requirements of a visa and/or entered without inspection. Parole status may also be given for facilitating a person’s departure, court appearances, medical and other reasons.
Parole-in-place is a status that may be granted by the Department of Homeland Security that allows a person to remain lawfully and in some instances adjust their status to permanent residency. This form of status allows a person who entered without inspection to be paroled and later become eligible for adjustment of status. It is used on a case by case basis where DHS deems there is an urgent humanitarian reason that exists or there is a significant public health benefit.
Advance parole allows paroles to legally leave and re-enter the country and is granted to persons whose adjustment of status is pending and who must leave the U.S. for bona fide business or personal reasons. Advance parole status may be revoked while the person is out of the country and court have found no jurisdiction to review such decision.