Approved I-130, Applying for Humanitarian Parole

[LostInLA 0]

I am a US citizen. I sponsored my sister, who now has an approved I-130, and has been waiting for many years for her visa priority. My sister has a disability. Both her disability and family circumstances have recently changed for the worse, and we believe she has a strong case for humanitarian parole.

She already has a visitor visa from a while back, which is still valid. However, she can get turned away at the port of entry because of the pending visa. My question is, if I apply for I-131 humanitarian parole for her and assuming it is approved, does that guarantee that she will be able to enter the US, or can the port of entry still ignore the humanitarian parole approval?

Thank you!

Edited August 27, 2013 by LostInLA

[Umka36 781]

If you are going to base the humanitarian parole on disability, have you already lined up medical insurance for your sister?

[aaron2020 11,651]

Only US citizenship guarantee entry. A foreign national can be refused entry regardless of any document.

The I-131 HP requires an URGENT humanitarian problem. Urgent means life or death or something where medical care in the US makes a difference.

It also requires an affidavit of support. Can you show you will be able to pay all her medical expenses? The US government will not pay for her medical needs.

Edited August 27, 2013 by aaron2020

[LostInLA 0]

Yes - there is reasonably sufficient medical records and affidavit of support is fine. I do not worry about application being approved, we believe there is a very strong case. But I would like to know more information about process. What is the reason she can get rejected at the border if she has approved document? Also, is there any reason for me to not file the application here but wait for her to file it at the border? If so, would the paperwork be the same?

Thank you for help!

[jan22 3,064]

Humanitarian Parole is not for immigration to the U.S. It comes with a time limit -- so, are you prepared for your sister to leave at the end of the approved time period? Might not be a problem depending on how close to current her priority date is, but it is a factor for you to consider and/or be prepared to respond to if asked.

[newacct 688]

Humanitarian Parole is not for immigration to the U.S. It comes with a time limit -- so, are you prepared for your sister to leave at the end of the approved time period? Might not be a problem depending on how close to current her priority date is, but it is a factor for you to consider and/or be prepared to respond to if asked.

Even if her priority date became current, I believe that she would not be able to adjust status, because she was not admitted, only paroled. She would still have to go through consular processing in her home country.

[jan22 3,064]

Even if her priority date became current, I believe that she would not be able to adjust status, because she was not admitted, only paroled. She would still have to go through consular processing in her home country.

You're right -- I was just thinking that it would be a relatively short period of time to be outside the U.S. versus years if the priority date was close to being current, perhaps making it easier for the family.