Guidance on Evidence for Certain Types of Humanitarian or Significant Public Benefit Parole Requests
All initial requests for humanitarian or significant public benefit parole must include documents including evidence of identity for the petitioner, the beneficiary, and the individual agreeing to financially support the beneficiary, as noted in the chart below.
Person Requiring Documentation: | Type of Documents to Submit |
---|---|
Beneficiary | A clear and legible copy of a valid government-issued identification document that shows the beneficiary’s country of citizenship or country of habitual residence (if available). |
Petitioner |
|
Individual agreeing to financially support the beneficiary (not required for re-parole requests) |
|
The information below identifies common types of parole requests as well as the evidence that may be relevant to support these requests. We provide this non-exhaustive information to:
Help individuals understand some general factors we consider when we determine whether to authorize parole for common types of requests;
Help individuals prepare more complete packages; and
Avoid having to issue requests for evidence, which can make it take longer to complete a case.
In some cases, more than 1 reason for parole may apply. In these cases, the petitioner should provide evidence for each of the reasons.
For specific information about relevant evidence you can submit to support some of the most common types of parole requests, please see the information below. Click on a tab to expand that section and see more detailed information for that type of parole request.
For more detailed information on eligibility for humanitarian or significant public benefit parole, the process of applying for parole, or for additional information on special parole programs (such as the Filipino World War II Veterans Parole Program or Immigrant Military Members and Veterans Initiative), please see Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.
Most Common Types of Parole Requests and Relevant Supporting Evidence
We encourage each petitioner to submit the types of evidence described below to support the reason for requesting parole. The list of evidence below is not exhaustive, though it is generally the type of evidence you should provide to support these types of parole requests. However, even if you submit the evidence described below, that does not guarantee we will approve the parole request, and if you fail to submit this evidence, that does not mean we will deny the request. In addition to including the relevant evidence below, each petitioner should carefully consider the specific reasons they are requesting parole and submit any other evidence they believe would support their case. Parole is discretionary, and we consider all of the circumstances of each case and supporting evidence.
Note: Although a statement from the petitioner’s representative or attorney explaining a basis for parole may provide an overview of a petitioner’s request, it is not considered evidence. Petitioners and their representatives or attorneys should provide evidence to support the information included in any such statement.
The evidence submitted should be official, where applicable. Documents should be on the official letterhead of a hospital or doctor’s office, be recent and dated, and display the doctor’s actual signature and not a stamp or signature made on the doctor’s behalf. For more information on receiving medical treatment in the United States, donating an organ to an individual in the United States, or caring for a seriously or terminally ill relative in the United States, see the applicable section below.
Depending on the circumstances, when parole is requested for a minor child (a child under the age of 18), we will require proof of parentage (that is, a birth certificate) or legal guardianship. In addition, to protect the child we may require these types of evidence:
Circumstance | Type of evidence we may request |
---|---|
Where the minor beneficiary is traveling with 1 parent and the other parent is not traveling (the non-traveling parent will remain outside the United States or already is in the United States) | Written authorization from the non-traveling parent for the minor to travel, to include:
If the parents of the child were never married or are divorced or separated, proof showing that the traveling parent has been awarded legal custody of the minor. |
Where neither parent is traveling | Written authorization from both parents (or 1 parent with sole legal custody) for the child to leave the country with an appointed legal guardian, to include:
|
Where the parent or parents’ consent cannot be obtained |
|
Where there is an adoption-related parole request |
|
USCIS does not often approve parole requests for adoption-related cases without evidence of compelling, extenuating circumstances. This is to avoid circumventing important safeguards provided by regular adoption-based immigration avenues, such as determinations that a child is an orphan or available for intercountry adoption. Additionally, parole does not provide children with the benefits of U.S. immigration status that adoption-based immigration provides. For example, many children who come to the United States based on adoption will be admitted as U.S. citizens or as lawful permanent residents (Green Card holders); however, a child who is paroled will have to take additional steps to get a Green Card or become a U.S. citizen.
General Information for This Type of Parole Request
Often a beneficiary seeking medical treatment in the United States can obtain a nonimmigrant visa from the Department of State. In urgent cases, the Department of State may agree to expedite the request. However, in some circumstances, a beneficiary cannot get a visa and may seek parole.
In such cases, it is important for the petitioner to submit any available evidence of attempts to get a visa and an explanation as to why they cannot timely obtain a visa.
Examples of Relevant Evidence
Evidence supporting the nature and severity of the medical condition, including how the medical condition affects the patient’s life and the consequences to the patient if they do not receive the medical treatment.
Current, official dated and signed documentation from a physician in the country where the beneficiary resides who has examined the beneficiary. The documentation should provide:
A diagnosis and prognosis of the beneficiary’s medical condition;
The treatment needed to address the condition; and
The reason the beneficiary requires treatment in the United States, including whether the needed treatment is available and accessible in the country where the beneficiary resides or another country outside the United States.
Current, official, dated and signed documentation from a physician or medical facility in the United States that shows:
Agreement to provide specific treatment for the identified medical condition of the beneficiary;
The length of time the beneficiary will need to be in the United States to receive treatment as well as any necessary follow-up treatment, including if the beneficiary will require assistance post-treatment by a caregiver; and
The cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
Documentation establishing how the cost of the medical treatment (both in the hospital and as an out-patient) and any other associated costs such as medical prescriptions, therapies, equipment and transportation will be covered, whether by insurance, personal funds or other means.
If the individual seeking treatment in the United States is an unaccompanied child: Evidence of legal guardianship arrangements in the United States, parental or guardian authorization for the child to travel unaccompanied to the United States, and consent for the child to obtain required medical treatment.
General Information for This Type of Parole Request
In some cases, the petitioner may request parole for a beneficiary to serve as an organ donor for an individual in the United States.
Each organ recipient must be prescreened and evaluated to determine if they are a candidate for an organ transplant. After a recipient is approved as a candidate for transplant, they will be placed on the Organ Transplant Waiting List. Placement on the Organ Transplant Waiting List is required for all recipients, even if the interested donor is a relative.
Note: The buying and selling of organs is prohibited and a donor may not receive money, gifts, or other compensation in exchange for an organ. However, the costs related to the transplant may be covered. Individuals must agree to serve as donors voluntarily, with full knowledge and disclosure of the process.
Examples of Relevant Evidence
A current, official, signed letter from the transplant center stating that the individual in the United States has been placed on the organ transplant waiting list.
Medical records for the beneficiary as well as a current, official, signed letter from the transplant center indicating that the beneficiary is a potential match.
Detailed explanation with any supporting evidence of how the cost of the transplant surgery and any post-surgery follow-up and complications will be covered.
A current, official, signed letter from the doctor or medical facility explaining the length of time the beneficiary would need to be in the United States for donor testing, transplant procedure and recovery.
Requests Based on Family Reasons
Generally, parole is not granted solely to reunite family members. While separation from family members often causes hardship, we may grant parole only if the evidence establishes that there are urgent humanitarian reasons or significant public benefit reasons for the beneficiary to come to the United States.
Note: Due to the discretionary nature of parole, USCIS officers have discretion when determining who is a family member when exercising parole authority. For example, while family members are usually related by marriage, birth, or adoption under the Immigration and Nationality Act, the officer may consider for parole a same-sex partner or children of a same-sex partner as a family member, particularly if the parolee is from a country where same-sex marriage is not legal.
General Information for This Type of Parole Request
In some cases, urgent humanitarian reasons may be based on the fact that a family member outside the United States is particularly vulnerable because of:
Age;
Disability; or
Living circumstances.
Providing Evidence
In such cases, the petitioner will need to provide evidence that demonstrates the:
Particular vulnerability of the family member; and
Reasons the vulnerability cannot be addressed in the country where the family member resides.
Examples of Relevant Evidence
Evidence identifying and supporting the urgent humanitarian reasons for the request aside from the desire for family reunification.
If parole is based on the asserted vulnerability of the family member living outside the United States, the petitioner must submit:
Evidence supporting the existence of the vulnerability;
Statements or other documentation explaining the living conditions or circumstances of the family member; and
Information on other family members living in the same country or near the family member outside the United States.
Civil documents establishing relationships between the beneficiary and family members in the United States. (In the case of same-sex partners in countries that do not recognize such relationships, other evidence demonstrating the nature of the relationship, such as affidavits, copies of photographs, records of household members, etc.)
Any evidence regarding the beneficiary’s ability to adjust status after they are in the United States or any plans of the beneficiary to leave the United States.
Where applicable, Form I-797 receipt notice or approval notice evidencing the filing of Form I-130, Form I-129F, Form I-601, Form I-212 or other immigration benefit request.
Evidence of the immigration status of family members residing in the United States.
General Information for This Type of Parole Request
In some cases, urgent humanitarian reasons may be based on the need for the beneficiary to provide physical or emotional support to a relative in the United States. Some examples include when parole is sought for a beneficiary to come to the United States to help a relative who:
Has a serious medical condition; or
Is at an end-of-life stage (such as an individual in advanced stages of a medical condition who is receiving hospice care).
Providing Evidence
The petitioner should provide evidence of the nature of the need and why there are no other appropriate and available ways to address the needs of the family. Evidence may include the need for not only physical but also emotional support.
Examples of Relevant Evidence
Documentation from a physician or medical facility in the United States that provides a medical diagnosis and prognosis for the individual in the United States needing care, as well as detailed information about the type of care required, including the nature and frequency of care and whether a caregiver is required before medical treatment can proceed.
A listing of all family members in the United States and why they are not able to provide care to the individual receiving medical treatment.
If applicable, a detailed statement explaining why other alternatives, such as hiring a caregiver, are not reasonable alternatives.
Civil documents establishing the relationship between the seriously or terminally ill family member and the beneficiary.
If applicable, documentation of the dying family member’s condition, such as a letter from a physician or hospice provider with a medical diagnosis and prognosis
General Information for This Type of Parole Request
The petitioner may request parole for a family member residing outside the United States to come to the United States to address issues related to the death of a family member such as:
Attending the funeral;
Settling financial and legal affairs of the deceased family member; and
Handling any other estate matters.
Providing Evidence
In such cases, the petitioner should provide evidence establishing:
The death;
Any funeral arrangements;
The relationship between the family members, including degree of previous contact; and
Any other evidence establishing the beneficiary’s need to be in the United States.
Examples of Relevant Evidence
Civil documents establishing the familial relationship with the deceased;
Death certificate of the deceased;
Letter from the funeral home listing the deceased’s name and the date of the funeral service;
Wills or other legal documents establishing any need to handle the deceased’s affairs in the United States; and
Statement from the beneficiary attesting to their need to be in the United States.
General Information for This Type of Parole Request
Parole is generally not intended to be used to avoid normal refugee processing or to provide protection to individuals at generalized risk of harm around the world.
Providing Evidence
For parole requests based on protection from harm, the petitioner should describe the reasons in detail and provide corroborating evidence. Relevant factors may include:
Particular vulnerabilities of the beneficiary as well as significant family or other ties to the United States; and
Whether the beneficiary has family members who have been granted asylum or refugee status in the United States, but the beneficiary is not eligible as a derivative family member to join them in the United States.
This may include certain situations where the parolee is from a country where, because same-sex marriage is not legal, the parole beneficiary could not be the beneficiary of a Form I-730, Refugee/Asylee Relative Petition.
None of those factors alone are determining factors, but they are relevant to our consideration of all of the circumstances when we exercise discretion.
Examples of Relevant Evidence
Documentation corroborating the claimed, specific risk of harm facing the individual. For example:
Reports or other documentation from a credible third-party source specifically naming the beneficiary and outlining the serious harm they face and the imminence of this harm. Credible third-party sources may include:
A U.S. government agency;
A reputable human rights organization; or
A media source.
Evidence of a USCIS grant of a protection-based immigration benefit such as asylum, refugee, or special immigrant status to an immediate family member of the beneficiary, and the family member or partner:
Is ineligible for derivative status; or
The risk of serious harm is so imminent that they cannot wait for the processing of their derivative application.
Evidence that the beneficiary is a member of a targeted group, including:
Credible third-party evidence that shows widespread targeting of the group for serious harm, such as a systematic or pervasive effort to impose serious harm against the group, and that individuals who are identified as members of that group are likely to be targeted for imminent serious harm; and
Reliable documentation establishing the beneficiary’s membership in the targeted group and that the beneficiary is likely to be identified as a member of the targeted group and be at risk of imminent serious harm as a result.
Evidence of the severity and imminence of the harm the beneficiary fears.
Evidence of a beneficiary’s particular vulnerabilities.
Evidence of the beneficiary’s living conditions, including ability to meet basic needs, to ensure they avoid harm.
Evidence of the lack of accessibility to relief mechanisms or protection measures other than parole, such as access to local protection mechanisms, international protection through the United Nations High Commissioner for Refugees, or access to the U.S. Refugee Admissions Program.
Evidence that relocation to another part of the beneficiary’s home country or a neighboring country is not possible or would not prevent the harm the beneficiary fears.
If the beneficiary is outside of their home country, this may include evidence that the host country is likely to forcibly return the beneficiary to their home country or evidence that the host country is currently returning similarly situated individuals to their home country where the beneficiary would be at risk of imminent serious harm.
Evidence that the need for parole would be temporary in nature, such as an ability to regularize immigration status.
General Information for This Type of Parole Request
We have jurisdiction for parole requests to participate in civil proceedings in which all parties are privately participating in the lawsuit.
ICE has jurisdiction (PDF) over parole requests from individuals involved in legal proceedings where at least 1 party is a government entity.
Providing Evidence
If the petitioner is seeking parole for the beneficiary so that they can participate in a hearing, trial or other legal proceeding, the petitioner should provide evidence regarding the proceeding and explain why the beneficiary’s presence is necessary to help resolve outstanding legal issues. Generally, such requests are based more on significant public benefit reasons related to the efficient functioning of the U.S. judicial system.
Examples of Relevant Evidence
Information identifying the parties involved in the legal proceedings and their role.
Documentation of the nature of the legal proceedings (such as the type of hearing and the role of the beneficiary in the proceeding).
Court documents stating the date and time of the legal proceedings.
General Information for This Type of Parole Request
Parole may be appropriate in some situations where an individual needs to return to the United States but:
Does not have a valid travel document that would allow them to do so; or
Failed to return to the United States before their travel document expired.
Such travel documents may include:
Refugee travel documents;
Reentry permits; or
Advance parole documents.
Additional information is available on our Travel Documents webpage.
Providing Evidence
Note: The petitioner will need to present evidence demonstrating any urgent humanitarian or significant public benefit reasons to return to the United States, which may include evidence of the effect on the beneficiary or their family members or business interests in the United States.
The petitioner should provide evidence explaining why they did not get a travel document before they left the United States. We will consider this and other factors when we determine whether to grant parole.
Examples of Relevant Evidence
A copy of the beneficiary’s expired travel document, such as an expired refugee travel document or advance parole document, if any.
Documentation of the beneficiary’s departure from the United States.
Correspondence or other evidence of any previous, unsuccessful attempts the beneficiary has made to get the applicable travel document.
Evidence of the compelling circumstances that required the beneficiary’s departure from the United States before obtaining the appropriate travel document, or kept the beneficiary from returning to the United States before their travel document expired.
Evidence of the beneficiary’s immigration status before they left the United States, including the reason they initially came to the United States.
Explanation of why the individual cannot stay where they are outside of the United States.