Advance Parole (Humanitarian/Political Refugee) Questions

[CyberSamurai013 69]

I do not know if this is the correct place for this, but I couldn't find another one.

 

My wife and our family were forced to flee where we were living and she is effectively a political refugee. She has received advance parole authorized by the USCIS International and Refugee Affairs Division (IRAD). We are trying to find information about Advance Parole but all we can seem to find is about people using it to return to the US while on another visa. She does not yet have a visa as the consulate is holding up approval of her IR-1 and we cannot send her passport to them now. We are specifically trying to find out information about the process, especially after entering the US; what we can do regarding her immigration case after she enters the US; How she can remain in the US; how we go about getting her a permanent resident status; etc. She cannot return to her home country and returning to this hemisphere will also be impossible. I assume we would have to transfer her case to a country near the US or just send her passport to the consulate handling the IR-1 as she has already interviewed and done her medical but it expires at the end of August and she cannot get a new police certificate from her home country either. 

 

Any information or advice is appreciated! 

[CyberSamurai013 69]

Evidently it is actually humanitarian parole that she was granted and not advance parole  

 

I could no longer edit the original post.  

[Boiler 45,445]

Short version is that it is a way of entering the US temporarily, usually for a year. There are specific variants for certain Countries that do not apply to Russia.

 

https://www.uscis.gov/humanitarian/humanitarian_parole

 

In your case she can use it to travel to the US and once here you can file to adjust her status to Permanent Resident.

 

I am not sure I have seen one for a Russian so pretty unusual.

[CyberSamurai013 69]

31 minutes ago, Boiler said:

I am not sure I have seen one for a Russian so pretty unusual.

It is a very unusual emergency situation so that is probably why. Thank you for your reply!

[Boiler 45,445]

You go thought the Adjustment of Status route when she gets here. You do not need an I 130 as that has been approved.

 

Just file the package including EAD, AP and Medical.

[CyberSamurai013 69]

16 minutes ago, Boiler said:

You go thought the Adjustment of Status route when she gets here. You do not need an I 130 as that has been approved.

 

Just file the package including EAD, AP and Medical.

 

Understood, thank you!

[Chancy 6,241]

*** Removed related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

17 minutes ago, CyberSamurai013 said:

I can't get into some of the details but I will furnish whatever details I can and answer any questions to the best of my ability based on the situation. 

 

Long story short, we have been living abroad and filed over a year ago for my wife's IR-1 visa. The consulate handling it has had some delays and despite her having done her medical examination and interview, they still have not completed her visa. She still has her passport and has not sent it to them because we were forced to flee the country we were in and are now stuck in another overseas country. She has been granted humanitarian parole to enter the US and we don't know which steps to take upon arriving regarding her immigration situation. The consular officers we spoke to said we should have her immigrant visa case transferred to the embassy in Canada but I don't see how that will help because she wouldn't be able to leave the US and enter without her passport. I assumed we would be able to just file an I-485 upon arriving so that she can obtain her LPR status but the same consular officer said that she does not believe humanitarian parole grants the correct status for an adjustment to LPR. I am currently digging through the immigration law looking for possible answers and figured I would ask here as I have had success in such quandaries here before. Any information and advice is appreciated.       

 

If your wife is able to enter the US as a parolee, then yes, she is eligible to adjust status by filing I-485.  Being paroled in is a valid immigration status for applying for AOS based on marriage to a USC.  Here's the official USCIS page about it -- https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

 

 

[CyberSamurai013 69]

I made another post after our experiences at the embassy today but it was deleted by someone. I am assuming it was too similar to this one. I'll try to state the new questions here:

 

The consular officers we spoke to said we should have her immigrant visa case transferred to the embassy in Canada but I don't see how that will help because she wouldn't be able to leave the US and enter without her passport. I asked about filing an I-485 upon arriving so that she can obtain her LPR status but the same consular officer said that she does not believe humanitarian parole grants the correct status for an adjustment to LPR. I am currently digging through the immigration law looking for possible answers and figured I would ask here as I have had success in such quandaries here before. Any information and advice is appreciated.       

[CyberSamurai013 69]

5 minutes ago, Chancy said:

*** Removed related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

 

If your wife is able to enter the US as a parolee, then yes, she is eligible to adjust status by filing I-485.  Being paroled in is a valid immigration status for applying for AOS based on marriage to a USC.  Here's the official USCIS page about it -- https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

 

 

 

I looked at that law and cited it to the consular officer earlier and she basically said that humanitarian parole does not meet this requirement. I'm assuming she was mistaken?

Edited August 1, 2023 by CyberSamurai013

[Chancy 6,241]

1 minute ago, CyberSamurai013 said:

I looked at that law and cited it to the consular officer earlier and she basically said that humanitarian parole does not meet this requirement.

 

The CO is under DOS, not USCIS.  DOS CO's are not always well-versed in policies regarding adjustment of status, same way that USCIS IO's are not always aware of visa processing regulations.  In your wife's case, USCIS will determine if she is eligible for AOS.  Here's a better source from the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

 

Urgent Humanitarian Reasons or Significant Public Benefit

 

DHS may parole a noncitizen based on urgent humanitarian or significant public benefit reasons.[42] DHS may grant urgent humanitarian or significant public benefit parole only on a case-by-case basis.[43] Any type of urgent humanitarian, significant public benefit, or deferred inspection-directed parole meets the “paroled into the United States” requirement.[44]

 

[CyberSamurai013 69]

9 minutes ago, Chancy said:

 

The CO is under DOS, not USCIS.  DOS CO's are not always well-versed in policies regarding adjustment of status, same way that USCIS IO's are not always aware of visa processing regulations.  In your wife's case, USCIS will determine if she is eligible for AOS.  Here's a better source from the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

 

Urgent Humanitarian Reasons or Significant Public Benefit

 

DHS may parole a noncitizen based on urgent humanitarian or significant public benefit reasons.[42] DHS may grant urgent humanitarian or significant public benefit parole only on a case-by-case basis.[43] Any type of urgent humanitarian, significant public benefit, or deferred inspection-directed parole meets the “paroled into the United States” requirement.[44]

 

 

That is a fair point and I appreciate the information and advice! I feel much more confident in this course of action now. Both you and @Boiler have been extremely helpful.

[Ontarkie 14,217]

Do not try to transfer to Canada. Montreal is way behind and very strict with having legal residency in Canada. Without actual residency in Canada they will not even accept her case. Plus the amount of ppl getting DS-5535 and having to file ROM to get out of it is crazy. DO not even try Canada it will not be helpful at all. Follow Chancy's advice. 

[Boiler 45,445]

5 hours ago, CyberSamurai013 said:

 

I looked at that law and cited it to the consular officer earlier and she basically said that humanitarian parole does not meet this requirement. I'm assuming she was mistaken?

I do not keep count but no end of U4U on here have entered and filed to adjust.

 

Not quite your situation, I entered on a K1, obtained Advanced Parole, went twice to Mexico on holiday, was Paroled back in on both occasions, and adjusted.

Edited August 2, 2023 by Boiler

[CyberSamurai013 69]

 

New development.

 

Today, we received my wife's humanitarian parole 'visa'. Her 'visa' shows X for type and PARCIS for class. Any idea what these mean? I did a quick search and couldn't find anything. Also, the expiration date of this 'visa' is the end of this month while her I-797 says the humanitarian parole is granted for a period of 2 years. Does this mean she has to enter the US this month? Does filing the I-485 give her temporary status to remain in America or does she need to claim asylum via a I-589?

[Chancy 6,241]

5 hours ago, CyberSamurai013 said:

Her 'visa' shows X for type and PARCIS for class. Any idea what these mean?

 

On the CBP Carrier Information Guide, it is described as "USCIS International Operations authorization for parole".  The key point is that it is listed in the CBP guide, so you can be assured that it is a valid travel document for boarding.  Check here -- https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

5 hours ago, CyberSamurai013 said:

the expiration date of this 'visa' is the end of this month while her I-797 says the humanitarian parole is granted for a period of 2 years. Does this mean she has to enter the US this month? Does filing the I-485 give her temporary status to remain in America or does she need to claim asylum via a I-589?

 

Your wife must enter the US before the expiry date listed on the parole document.  After she is paroled in, she will have 2 years of legal status in the US as a "parolee", even if she doesn't file I-485.  If she had no USC immediate relatives, she would have to claim asylum if she wants to stay legally beyond those 2 years.  But because she is married to you, a USC, she has a simpler and much faster path -- file I-485 (based on your marriage) to adjust status from parolee to LPR.  No need to file for asylum.