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Asylum and Humanitarian Relief

Protecting the Vulnerable with Compassionate Legal Advocacy

Asylum and Humanitarian Relief are critical protections for individuals fleeing persecution, violence, or life-threatening conditions in their home countries. Whether you are seeking asylum, Temporary Protected Status (TPS), or other humanitarian forms of relief, Kent Law Partners offers dedicated legal guidance through every stage of your case. We understand the urgency and emotional toll of these matters, and we are committed to helping you secure safety, stability, and dignity under U.S. immigration law.

Affirmative Asylum Applications

For individuals applying for asylum while not in removal proceedings.

Defensive Asylum in Removal Proceedings

For those seeking asylum as a defense against deportation.

Convention Against Torture (CAT)

For individuals who fear torture in their home country if deported.

Withholding of Removal

Protection for those who face a clear probability of persecution in their country.

Temporary Protected Status (TPS)

For individuals from designated countries affected by conflict or natural disasters.

Humanitarian Parole

For urgent entry into the U.S. based on compelling humanitarian or public interest reasons.

Affirmative Asylum Applications: Proactively Seeking Protection in the U.S.

 

Affirmative Asylum is a process that allows individuals who are physically present in the United States or are arriving at a U.S. port of entry to apply for asylum because they have a credible fear of persecution in their home country. Crucially, as the image text states, this pathway is “for individuals applying for asylum while not in removal proceedings” before an immigration judge.

What is Affirmative Asylum and Who Can Apply?

Affirmative asylum is a proactive application made directly to U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security. Individuals may qualify for asylum if they can demonstrate a well-founded fear of persecution in their home country based on one or more of five protected grounds:

  1. Race
  2. Religion
  3. Nationality
  4. Membership in a Particular Social Group
  5. Political Opinion

The persecution must be threatened or carried out by the government of their home country or by groups that the government is unwilling or unable to control.

Key Characteristics:

  • Proactive Application: The individual initiates the asylum claim by submitting an application to USCIS.
  • Not in Removal Proceedings: This is the defining feature that distinguishes affirmative asylum from defensive asylum. If an individual is already in deportation (removal) proceedings before an immigration court, they would typically file for asylum defensively with the immigration judge.
  • One-Year Filing Deadline: Generally, asylum applicants must file their application (Form I-589) within one year of their last arrival in the United States. There are limited exceptions to this rule, such as changed circumstances in their home country that materially affect their eligibility for asylum or extraordinary circumstances that caused a delay in filing.

The Affirmative Asylum Application Process:

  1. File Form I-589, Application for Asylum and for Withholding of Removal: This is the official application submitted to USCIS. There is no fee to file Form I-589.
  2. Biometrics Appointment: Applicants will receive a notice to appear at an Application Support Center (ASC) for a biometrics appointment, where their fingerprints, photograph, and signature will be taken for background and security checks.
  3. Asylum Interview: The applicant will be scheduled for a non-adversarial interview with a specially trained USCIS Asylum Officer. The purpose of the interview is for the officer to elicit information about the applicant’s claim, assess their credibility, and determine if their fear of persecution meets the legal standards for asylum. Applicants have the right to bring an attorney or accredited representative and, if needed, an interpreter (though USCIS may provide telephonic interpreters for certain languages).
  4. Decision by the Asylum Officer:
    • Grant of Asylum: If the Asylum Officer finds the applicant eligible, asylum will be granted. This provides protection from removal from the U.S., authorization to work, and the ability to apply for a Green Card (lawful permanent residence) one year after the asylum grant.
    • Referral to Immigration Court (for those without lawful status): If the Asylum Officer does not grant asylum and the applicant does not have a lawful immigration status in the U.S., their case is typically referred to an Immigration Judge in the Executive Office for Immigration Review (EOIR). The applicant can then renew their request for asylum in a “defensive” posture during these removal proceedings.
    • Notice of Intent to Deny (NOID) (for those with lawful status): If an applicant currently maintains a valid immigration status (e.g., a student visa) and the Asylum Officer does not find them eligible for asylum, they may issue a NOID. The NOID provides the applicant with an opportunity to rebut the reasons for the intended denial before a final decision is made. If asylum is ultimately denied, the individual would generally return to their prior valid immigration status.

Benefits of Being Granted Asylum:

  • Protection from being deported or removed to the country of feared persecution.
  • Authorization to work in the United States.
  • The ability to apply for derivative asylum for a spouse and unmarried children under 21 who were included in the initial application or for whom a petition (Form I-730) is filed within two years of the asylum grant (with some exceptions).
  • Eligibility to apply for a Green Card one year after being granted asylum.
  • Access to certain social benefits and assistance programs.

Distinction from Defensive Asylum:

It’s important to distinguish affirmative asylum from defensive asylum.

  • Affirmative Asylum: Initiated by the individual with USCIS before they are in removal proceedings.
  • Defensive Asylum: Raised as a defense against removal after an individual has been placed in removal proceedings before an Immigration Judge.

The affirmative asylum process offers a critical lifeline for individuals fleeing persecution and seeking safety and protection in the United States.

Defensive Asylum: Seeking Protection While Facing Deportation

 

Defensive asylum is a pathway for individuals to seek protection in the United States who are already in removal (deportation) proceedings before an Immigration Judge at the Executive Office for Immigration Review (EOIR). As the description “For those seeking asylum as a defense against deportation” suggests, the asylum claim is raised as a defense to prevent the individual from being removed from the U.S.

How Defensive Asylum Differs from Affirmative Asylum

The primary distinction lies in how and when the asylum claim is initiated:

  • Affirmative Asylum: An individual proactively files an asylum application (Form I-589) with U.S. Citizenship and Immigration Services (USCIS) before they are placed into removal proceedings.
  • Defensive Asylum: An individual requests asylum protection from an Immigration Judge after they have been placed into removal proceedings.

How Individuals End Up in Defensive Asylum Proceedings

There are several common scenarios that lead to a defensive asylum claim:

  1. Referral from USCIS: If an individual applies for affirmative asylum with USCIS and is not found eligible, and they do not have lawful immigration status in the U.S., USCIS will typically refer their case to an Immigration Judge. This initiates removal proceedings, where the individual can then pursue their asylum claim defensively.
  2. Apprehension at or near a Border/Port of Entry: Individuals apprehended by Customs and Border Protection (CBP) when attempting to enter the U.S. without valid documentation may be placed in expedited removal proceedings. If they express a fear of return to their home country, they may undergo a credible fear screening. If found to have a credible fear, they are often referred to an Immigration Judge to pursue a defensive asylum claim.
  3. Apprehension within the U.S.: Individuals encountered by Immigration and Customs Enforcement (ICE) within the U.S. who are deemed to be in violation of immigration laws (e.g., entered without inspection, overstayed a visa) may be placed in removal proceedings. They can then apply for asylum defensively.
  4. Other Removal Triggers: An individual who initially had lawful status but later violated the terms of that status or committed certain crimes might be placed in removal proceedings and subsequently choose to apply for asylum as a defense.

The Defensive Asylum Application Process

  1. Initiation of Removal Proceedings: The Department of Homeland Security (DHS) issues a “Notice to Appear” (NTA), which is filed with the Immigration Court. The NTA outlines the reasons why DHS believes the individual should be removed from the U.S.
  2. Filing Form I-589: The individual (now the “respondent” in court) must file Form I-589, Application for Asylum and for Withholding of Removal, with the Immigration Court by the deadline set by the Immigration Judge.
  3. Court Hearings:
    • Master Calendar Hearings (MCH): These are preliminary hearings where the Immigration Judge will inform the respondent of their rights, explain the charges in the NTA, take pleadings (admit or deny the charges), and set deadlines for filing applications and supporting documents.
    • Individual Merits Hearing (IMH): This is a formal, trial-like hearing. The respondent testifies under oath about their asylum claim, presents witnesses, and submits evidence (such as country conditions reports, affidavits, personal statements, expert testimony). An attorney for DHS will represent the government, can cross-examine the respondent and their witnesses, and may present evidence to counter the asylum claim.
  4. Decision by the Immigration Judge: After the merits hearing, the Immigration Judge will issue a decision:
    • Grant Asylum: If the judge determines the respondent meets the legal standard for asylum (a well-founded fear of persecution on one of the five protected grounds).
    • Deny Asylum but Grant Other Relief: The judge might deny asylum but find the respondent eligible for other forms of protection, such as Withholding of Removal (which has a higher burden of proof – “more likely than not” that life or freedom would be threatened) or protection under the Convention Against Torture (CAT). These forms of relief generally do not provide a path to a Green Card but protect against removal to the country of feared harm.
    • Order Removal: If asylum and all other forms of relief are denied, the Immigration Judge will order the respondent removed (deported) from the United States.
  5. Appeals:
    • Either the respondent or the DHS attorney can appeal the Immigration Judge’s decision to the Board of Immigration Appeals (BIA) within 30 days.
    • Adverse decisions from the BIA can sometimes be appealed to the U.S. Circuit Court of Appeals for the federal circuit where the immigration proceedings took place.

Eligibility Criteria for Asylum (Same as Affirmative)

The underlying legal requirements to qualify for asylum are the same for both affirmative and defensive processes:

  • A well-founded fear of persecution.
  • The feared persecution must be on account of one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
  • The persecution must be perpetrated by the government of the home country or by forces the government is unable or unwilling to control.
  • The applicant must generally file within one year of their last arrival in the U.S. (the “one-year filing deadline”), though exceptions exist for changed circumstances or extraordinary circumstances.

Benefits if Asylum is Granted Defensively:

If an Immigration Judge grants asylum, the benefits are the same as if asylum were granted affirmatively by USCIS, including:

  • Protection from removal to the country of feared persecution.
  • The right to obtain employment authorization.
  • The ability to apply for derivative asylum for a qualifying spouse and unmarried children under 21.
  • Eligibility to apply for a Green Card (lawful permanent residence) one year after the asylum grant.

Key Differences from Affirmative Asylum Summarized:

  • Adjudicator: Immigration Judge (EOIR) vs. USCIS Asylum Officer (DHS).
  • Setting: Formal, adversarial courtroom proceeding vs. a less formal, non-adversarial interview.
  • Opposing Counsel: A DHS attorney actively participates in defensive asylum hearings, presenting the government’s case against granting asylum.
  • Outcome of Initial Decision: An affirmative asylum denial (for those out of status) leads to defensive proceedings. A defensive asylum denial by an Immigration Judge can result directly in a removal order (subject to appeal).

The defensive asylum process is a critical safeguard for individuals facing deportation who have legitimate fears of returning to their home countries. Due to its complexity and adversarial nature, representation by a qualified immigration attorney is highly recommended.

 

Protection Under the Convention Against Torture (CAT) in U.S. Immigration

 

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as CAT) is an international human rights treaty that the United States has ratified. A core principle of CAT, particularly Article 3, is “non-refoulement,” which prohibits signatory states from returning (refouler) an individual to another country where there are substantial grounds for believing that they would be in danger of being subjected to torture. U.S. law and regulations implement these obligations, providing a critical, though specific, form of protection for individuals who fear torture if deported to their home country or another country.

This protection is distinct from asylum or statutory withholding of removal, although individuals often apply for all three forms of relief concurrently using the same application form (Form I-589).

What Constitutes “Torture” Under CAT?

For the purposes of CAT protection in the U.S. immigration context, “torture” is defined as:

  • Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.
  • Such pain or suffering must be inflicted for purposes such as:
    • Obtaining information or a confession from the individual or a third person.
    • Punishing the individual for an act they or a third person has committed or is suspected of having committed.
    • Intimidating or coercing the individual or a third person.
    • For any reason based on discrimination of any kind.
  • Crucially, the torture must be inflicted by, or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. This “state action” or “state acquiescence” element is vital. Torture does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions (unless these sanctions themselves defeat the object and purpose of CAT).

Eligibility Criteria for CAT Protection

To be granted protection under CAT, an applicant must demonstrate that it is “more likely than not” (a probability of over 50%) that they would be tortured if removed to the proposed country of removal. This is a higher and more demanding standard of proof than the “well-founded fear” standard required for asylum.

Key eligibility points include:

  1. Likelihood of Future Torture: The assessment primarily focuses on the risk of future torture. While past torture experienced by the applicant is highly relevant evidence and can contribute to establishing this likelihood, it is not, by itself, determinative.
  2. No “Protected Grounds” Requirement: Unlike asylum or statutory withholding of removal, CAT protection does not require the anticipated torture to be on account of the applicant’s race, religion, nationality, membership in a particular social group, or political opinion. The reason for the torture (e.g., for information, punishment) is part of the definition of torture itself, but the applicant does not need to prove a nexus to one of the five protected grounds.
  3. Government Involvement (Acquiescence): The risk of torture must stem from actions by government officials or by private individuals for whom the government gives consent or exhibits “acquiescence.” Acquiescence requires showing that a public official, prior to the activity constituting torture, had awareness of such activity and thereafter breached their legal responsibility to intervene to prevent such activity. This can include willful blindness.
  4. Country-Wide Threat: Generally, the applicant must show that the risk of torture exists throughout the country to which they would be removed, or that they could not safely relocate to another part of that country to avoid torture.

Forms of CAT Protection Awarded in the U.S.

If an individual meets the standard for CAT protection, they may be granted one of two forms:

  1. Withholding of Removal under CAT: This is a mandatory form of protection if the “more likely than not” standard is met. It prohibits removal to the specific country where torture is feared. Individuals granted withholding of removal under CAT are generally eligible for employment authorization.
  2. Deferral of Removal under CAT: This is a more limited and temporary form of protection. It may be granted to individuals who establish they are likely to be tortured but are subject to mandatory bars to withholding of removal (e.g., due to certain serious criminal convictions or national security concerns). Deferral of removal is subject to review and can be terminated more easily if, for example, conditions in the country change or the U.S. obtains diplomatic assurances that the individual will not be tortured (though the reliability of such assurances is often debated). Individuals granted deferral may remain in detention.

The Application Process

  • Applicants typically use Form I-589, Application for Asylum and for Withholding of Removal, to apply for CAT protection, checking the relevant boxes indicating their fear of torture.
  • CAT claims can be raised affirmatively with USCIS by individuals not in removal proceedings, but it is more commonly adjudicated defensively by Immigration Judges when an individual is in removal proceedings before the Executive Office for Immigration Review (EOIR).

Benefits and Limitations of CAT Protection

  • Primary Benefit: Protection against removal to a country where the individual is more likely than not to face torture.
  • Work Authorization: Usually granted to those who receive withholding of removal under CAT.
  • No Direct Path to Lawful Permanent Residence (Green Card): Unlike asylum, a grant of CAT protection (either withholding or deferral) does not, by itself, provide a direct pathway to obtaining a Green Card.
  • No Derivative Benefits for Family: CAT protection is personal to the applicant. It does not generally extend derivative status to spouses or children; they would need to qualify for protection independently.
  • Country-Specific: The protection is tied to the specific country where torture is feared. Removal to a third, safe country remains a possibility.
  • Potential for Termination: Especially for deferral of removal, the protection can be terminated if conditions change or under other specific circumstances.

Withholding of Removal: A Vital Protection Against Persecution

 

Withholding of Removal is a form of protection available under U.S. immigration law for individuals who can demonstrate that their life or freedom would be threatened in their home country (or another proposed country of removal) on account of one of five protected grounds. As the description “Protection for those who face a clear probability of persecution in their country” indicates, this relief has a higher standard of proof than asylum.

While often applied for concurrently with asylum using the same application (Form I-589), withholding of removal is a distinct form of relief with its own specific criteria, benefits, and limitations. It is mandated by U.S. statute, reflecting obligations under international refugee conventions, primarily the principle of non-refoulement (not returning someone to a place where they would face serious harm).

Eligibility Criteria for Withholding of Removal

To be granted withholding of removal, an applicant must establish that it is “more likely than not” (a clear probability, or greater than 50% chance) that their life or freedom would be threatened in the country of removal.

Key requirements include:

  1. Standard of Proof – “More Likely Than Not”: This is a more stringent standard than the “well-founded fear” (often described as a reasonable possibility or around a 10% chance) required for asylum. The applicant must prove a higher degree of certainty that they will face persecution.
  2. Persecution on Account of a Protected Ground: The threat to life or freedom must be specifically because of the applicant’s:
    • Race
    • Religion
    • Nationality
    • Membership in a particular social group
    • Political opinion This “nexus” requirement is the same as for asylum.
  3. Nature of Harm – Threat to “Life or Freedom”: This typically involves serious harm, including persecution, that jeopardizes the individual’s existence or fundamental liberties.
  4. Country-Wide Threat: Generally, the applicant must demonstrate that the threat exists throughout the proposed country of removal, or that they cannot safely and reasonably relocate to another part of that country to avoid the threat.
  5. Future Threat: The focus is primarily on the likelihood of future persecution. However, evidence of past persecution suffered by the applicant can create a rebuttable presumption of future persecution on the same basis.
  6. Perpetrator of Harm: The persecution must be inflicted either by the government of the country or by individuals or groups that the government is unable or unwilling to control (similar to asylum).

Application Process

  • Applicants use Form I-589, Application for Asylum and for Withholding of Removal, to apply for withholding of removal, often at the same time they apply for asylum.
  • While U.S. Citizenship and Immigration Services (USCIS) Asylum Officers can consider eligibility for withholding of removal if they do not grant asylum, withholding is most commonly granted by Immigration Judges in removal proceedings before the Executive Office for Immigration Review (EOIR).
  • An Immigration Judge will consider withholding if asylum is denied (perhaps because the lower “well-founded fear” standard wasn’t met, or because of a discretionary bar to asylum) but the higher “more likely than not” standard for withholding is met.

Benefits and Limitations of Withholding of Removal

Benefits:

  1. Protection from Deportation: The primary benefit is that the U.S. government is prohibited from removing the individual to the specific country where their life or freedom would be threatened.
  2. Employment Authorization: Individuals granted withholding of removal are generally eligible to apply for and receive an Employment Authorization Document (EAD), allowing them to work legally in the U.S.

Limitations:

  1. No Direct Path to Lawful Permanent Residence (Green Card): Unlike asylum, a grant of withholding of removal does not lead to a Green Card or provide a pathway to U.S. citizenship. The individual remains in a protected status but without permanent residency.
  2. No Derivative Benefits for Family Members: Withholding of removal is personal to the applicant. It does not allow the recipient to petition for their spouse or unmarried minor children to receive the same status. Family members must independently qualify for protection.
  3. Country-Specific Protection: The protection is only against removal to the particular country where persecution is likely. If the U.S. government can find a third country willing to accept the individual where they would not face such a threat, removal to that third country may be possible (though this is not common).
  4. Mandatory Bars: Certain criminal convictions (e.g., for a “particularly serious crime”), engagement in the persecution of others, or being deemed a danger to U.S. security can act as mandatory bars to receiving withholding of removal.
  5. Potential for Continued Detention: In some limited circumstances, an individual granted withholding of removal might still be subject to immigration detention, especially if there are security concerns or if no other country will accept them and their release is deemed a risk.
  6. Possibility of Termination: If conditions in the country of feared persecution change significantly, making it no longer more likely than not that the individual’s life or freedom would be threatened, the grant of withholding of removal could potentially be terminated.

Comparison with Asylum and CAT Protection

  • Standard of Proof: Higher than asylum but similar to the “more likely than not” standard for protection under the Convention Against Torture (CAT).
  • Protected Grounds: Essential for withholding of removal and asylum; not a requirement for CAT protection (which focuses solely on the likelihood of torture, regardless of the reason, as long as there’s state action/acquiescence).
  • Discretion: Asylum is a discretionary form of relief (meaning it can be denied even if eligible). Withholding of removal and CAT withholding are generally mandatory if the applicant meets the standard and no bars apply.

Conclusion

Withholding of Removal is a crucial humanitarian protection that ensures individuals are not sent back to countries where they face a clear probability of persecution that would threaten their life or freedom due to their race, religion, nationality, social group, or political views. While it doesn’t offer the broader benefits of asylum, such as a path to permanent residency, it provides essential safety from removal to a place of danger.

Temporary Protected Status (TPS): A Lifeline for Nationals of Crisis-Stricken Countries

 

Temporary Protected Status (TPS) is a specific, time-limited immigration benefit granted by the Secretary of Homeland Security to eligible nationals of a designated country (or parts thereof), or to individuals without nationality who last habitually resided in that designated country. This status provides a temporary safe haven in the United States for individuals who are unable to return safely to their home countries due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.

It is crucial to understand that TPS is a temporary benefit and does not, on its own, lead to lawful permanent resident status (a Green Card) or U.S. citizenship.

How Countries Are Designated for TPS

The Secretary of Homeland Security has the authority to designate a foreign country for TPS if it is determined that conditions in that country meet statutory requirements. The grounds for designation include:

  1. Ongoing Armed Conflict: This could be a civil war or other internal conflict that poses a serious threat to the personal safety of individuals if they were returned to that country.
  2. Environmental Disaster: This includes events such as earthquakes, hurricanes, tsunamis, epidemics, or other environmental catastrophes that result in a substantial, but temporary, disruption of living conditions. The designation also considers whether the foreign state is temporarily unable to adequately handle the return of its nationals.
  3. Extraordinary and Temporary Conditions: This is a broader category for other circumstances that prevent nationals from returning to their country in safety. However, the Secretary may decide against designation if it’s determined that allowing nationals to remain temporarily is contrary to the national interest of the U.S.

TPS designations are made for specific periods, typically ranging from 6 to 18 months. Before the expiration of a designation, the Secretary of Homeland Security reviews the conditions in the designated country and decides whether to extend, re-designate, or terminate the TPS status.

Eligibility Criteria for Individuals Seeking TPS

To be eligible for TPS, an individual must:

  1. Be a National of a TPS-Designated Country: Or be a person without nationality who last habitually resided in the designated country.
  2. File During the Registration Period: Individuals must register during the initial registration period (or a re-registration period if TPS is extended). Late initial filings may be accepted under specific circumstances.
  3. Meet Continuous Residence (CR) Requirements: They must have been continuously residing in the United States since the specific date established for their country’s TPS designation.
  4. Meet Continuous Physical Presence (CPP) Requirements: They must have been continuously physically present in the U.S. since the specific date established for their country’s TPS designation. (The CR and CPP dates are critical and vary by country and designation/extension period).
  5. Not Be Inadmissible or Otherwise Ineligible: Applicants must not be subject to certain criminal or security-related bars. For example, conviction of any felony or two or more misdemeanors committed in the U.S. can render an individual ineligible. They must also meet other admissibility requirements relevant to TPS.

The Application Process

  1. File Form I-821, Application for Temporary Protected Status: This is the primary form submitted to U.S. Citizenship and Immigration Services (USCIS).
  2. File Form I-765, Application for Employment Authorization: If the applicant wishes to obtain an Employment Authorization Document (EAD), they must file this form. It can often be filed concurrently with Form I-821.
  3. Pay Fees or Request a Waiver: Applicable fees must be paid for both forms, unless a fee waiver is requested and approved.
  4. Attend Biometrics Appointment: Applicants will be scheduled for a biometrics appointment to provide fingerprints, a photograph, and a signature.
  5. Adjudication: USCIS reviews the application and supporting evidence to determine eligibility.

Benefits Granted with TPS

If an individual is granted TPS, they receive the following benefits for the duration of the designation period:

  1. Protection from Deportation: They cannot be removed (deported) from the United States.
  2. Employment Authorization: They are eligible to apply for and receive an Employment Authorization Document (EAD), allowing them to work legally in the U.S.
  3. Travel Authorization: They may apply for travel authorization (Advance Parole, by filing Form I-131) to travel outside the U.S. and return. However, travel on Advance Parole while on TPS can have complex legal implications, particularly concerning future Green Card eligibility, and seeking legal advice before traveling is highly recommended.

Important Considerations and Limitations

  • Temporary Nature: TPS is a temporary benefit. It does not grant lawful permanent resident status or provide a direct path to a Green Card or U.S. citizenship.
  • Re-registration: To maintain TPS, individuals must re-register during each announced re-registration period for their country’s designation. Failure to re-register without good cause can result in the withdrawal of TPS.
  • No Automatic Cure for Unlawful Entry (for Adjustment of Status): A grant of TPS itself does not constitute an “admission” into the U.S. for purposes of adjusting status to a Green Card if the individual originally entered without inspection. The Supreme Court affirmed this in Sanchez v. Mayorkas. However, travel outside the U.S. on a TPS-based Advance Parole document and subsequent lawful re-entry may satisfy the “inspected and admitted or paroled” requirement for some individuals seeking to adjust status through other avenues (e.g., an approved family-based petition), but this is a nuanced area requiring careful legal analysis.
  • Termination of Country Designation: If a country’s TPS designation is terminated, beneficiaries will revert to the immigration status they held prior to TPS (if any), or to being without lawful status if they had none. They could then become subject to removal unless they have secured another form of immigration status or relief.
  • Maintaining Eligibility: Individuals must continue to meet all individual eligibility requirements for TPS. For instance, certain criminal convictions after being granted TPS can lead to its withdrawal.

Humanitarian Parole: A Lifeline for Urgent U.S. Entry

 

Humanitarian Parole is a special provision under U.S. immigration law that allows certain individuals who are otherwise inadmissible or ineligible for a visa to temporarily enter the United States due to urgent humanitarian reasons or for significant public benefit. It is a discretionary measure, meaning each case is reviewed individually, and there is no right to be granted parole.

As the description “For urgent entry into the U.S. based on compelling humanitarian or public interest reasons” suggests, this is not a standard visa but rather a temporary permission to enter and remain in the U.S. for a specific purpose and duration.

Legal Basis and Administration

The authority to grant humanitarian parole comes from Section 212(d)(5) of the Immigration and Nationality Act (INA). U.S. Citizenship and Immigration Services (USCIS) is primarily responsible for adjudicating requests for humanitarian parole for individuals outside the United States. In very limited circumstances, U.S. Customs and Border Protection (CBP) may grant parole at a U.S. port of entry.

Grounds for Granting Humanitarian Parole

Parole is granted on a case-by-case basis for one of two primary reasons:

  1. Urgent Humanitarian Reasons: This typically involves a severe, compelling emergency or human need. Examples include, but are not limited to:

    • Receiving urgent life-saving medical treatment in the U.S. that is unavailable in the applicant’s home country.
    • Donating an organ to an individual in the U.S.
    • Visiting, assisting, or supporting a close family member in the U.S. who is critically ill or dying.
    • Attending the funeral of a close family member in the U.S.
    • Escaping imminent, targeted individual harm where traditional refugee or asylum avenues are not accessible or timely.
    • Parents or legal guardians needing to care for a child who is a U.S. citizen or lawful permanent resident and has a serious medical condition.

  2. Significant Public Benefit: This ground applies if an individual’s temporary presence in the U.S. would provide a notable advantage or gain to the American community or government. Examples include:

    • Individuals required to participate in legal proceedings in the U.S. (e.g., as a key witness or, in some cases, a defendant).
    • Individuals assisting a U.S. government agency with a law enforcement, national security, or intelligence matter.
    • Individuals with unique skills or expertise whose temporary presence is urgently needed for a project or initiative that benefits the U.S. public.

Key Characteristics and Important Considerations

  • Discretionary: The decision to grant or deny humanitarian parole is entirely at the discretion of the U.S. government (USCIS or CBP). Meeting the basic criteria does not guarantee approval.
  • Temporary: Parole is granted for a specific, limited period, typically just long enough to fulfill the purpose of the parole (e.g., duration of medical treatment, conclusion of a legal proceeding). Extensions can be requested but are also discretionary.
  • Not an “Admission”: Legally, being paroled into the U.S. is distinct from being formally “admitted” with a visa. This can have implications for future immigration options, though being paroled can sometimes satisfy a requirement for adjusting status to a Green Card under specific circumstances.
  • No Direct Path to a Green Card: Humanitarian parole itself does not confer any permanent immigration status or provide a direct route to lawful permanent residence (a Green Card). To stay permanently, a parolee must independently qualify for and obtain an immigrant visa or adjust their status through another eligible pathway.
  • Conditions: Parole may be granted with certain conditions, such as posting a bond or regular reporting to immigration authorities.
  • Work Authorization: Parolees are not automatically authorized to work. However, they can apply for an Employment Authorization Document (EAD) by filing Form I-765. Eligibility for an EAD based on parole is often tied to the length of the parole period or demonstrating economic necessity.

The Application Process

  1. File Form I-131, Application for Travel Document: This form is used to request humanitarian parole for individuals outside the U.S.
  2. Demonstrate Financial Support: The applicant (or a sponsor in the U.S.) must provide evidence that the parolee will be financially supported during their stay in the U.S. and will not become a public charge. This is often done using Form I-134A, Online Request to be a Supporter and Declaration of Financial Support (used for specific parole programs and increasingly for individual requests), or Form I-134, Affidavit of Support.
  3. Provide Extensive Supporting Documentation: This is crucial. Applicants must submit compelling evidence to document:
    • The urgent humanitarian reason or significant public benefit.
    • Why a U.S. visa cannot be obtained or is not appropriate/timely.
    • The temporary nature of the need.
    • The applicant’s identity and nationality.
    • Details of the financial support. Examples include medical records, letters from physicians or hospitals, court orders, letters from U.S. government agencies, death certificates, proof of family relationships, etc.
  4. Processing: Applications are generally filed with USCIS while the individual is outside the U.S. Processing times can vary greatly. Expedited review can be requested for dire, life-threatening emergencies.
  5. Port-of-Entry Parole: In extremely limited and urgent situations, parole may be requested directly from CBP at a U.S. port of entry. This is typically reserved for unforeseen, immediate emergencies.

Distinction from Refugee or Asylum Status

Humanitarian parole is different from refugee status or asylum. Refugee and asylum statuses are specific forms of protection for individuals fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Parole is granted based on urgent individual humanitarian needs or public benefit, which may or may not involve persecution.

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