Parole

What It Means

Parole is governed by INA section 212(d)(5)(A), which authorizes the DHS Secretary to parole any applicant for admission into the U.S. temporarily on a case-by-case basis for urgent humanitarian reasons or significant public benefit. A parolee is, legally, not considered "admitted" to the U.S. even though they are physically present, a distinction that has major consequences for adjustment of status eligibility under INA section 245(a) (which requires inspection and admission OR parole). DHS administers several parole categories: humanitarian parole for individual emergency cases (filed on Form I-131 with a $630 fee); Uniting for Ukraine, CHNV (Cuba, Haiti, Nicaragua, Venezuela), and CAM (Central American Minors) parole programs; parole in place for military family members and certain spouses, parents, and children of U.S. citizens under 2013 and 2024 USCIS policy; advance parole for adjustment-of-status applicants and others who need to travel abroad without abandoning their pending application; and port-of-entry parole by CBP at a border crossing. Parole terms are set case-by-case but typically run 1 to 2 years, renewable in some programs. Parolees are generally eligible for EADs under 8 CFR 274a.12(c)(11) and, if paroled under a qualifying category, may adjust status under INA section 245(a) once an immigrant petition is approved and a visa is available. The distinction between parole, admission, and entry without inspection has been heavily litigated, most recently in the 2024 Texas v. DHS litigation over the CHNV parole programs. Parole is not a path to permanent residence by itself.

Frequently Asked Questions

Related Terms