"Parole" is a status that allows "aliens who appear to be inadmissible ... to be granted permission for temporary entry into the United States" (US 26 July 2005). Information available on the Website of the United States Citizenship and Immigration Services (USCIS) indicates that there are six categories of parole in the United States (ibid.). These are:

1. Port-of-entry parole is the single category used most often. It applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. ...

2. Advance parole may be issued to aliens residing legally in the United States in other than lawful permanent resident (LPR) status who have an unexpected need to travel abroad and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.

3. Deferred inspection parole may be conferred by an immigration inspector when aliens appear at a port-of-entry with documentation, but after preliminary examination, some question remains about their admissibility, which can best be answered at their point of destination.

4. Humanitarian parole responds to the "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.

5. Public interest parole refers to the "significant public benefit" language in the law. It is generally used for aliens who enter to take part in legal proceedings.

6. Overseas parole is the only category of parole that is designed to constitute long-term admission to the United States. In recent years, most of the aliens the INS has processed through overseas parole have arrived under special legislation or international migration agreements (ibid., emphasis in original).

Additional information on humanitarian parole, which is dated October 2003, was also posted on the USCIS Website and states that this type of parole is "an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency" (ibid. 31 Oct. 2003). However, humanitarian parole is only granted for the duration of the emergency or the "humanitarian situation that forms the basis for the request," up to a maximum period of one year (ibid.).

According to information dated November 2003 and posted on the USCIS Website, "travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their non-immigrant stay, or changing their non-immigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both" (ibid. 24 Nov. 2003; ibid. 13 Dec. 2000). Accordingly, to be able to re-enter the United States after travelling abroad, "aliens who have pending applications for immigration benefits or for changes in non-immigrant status" should obtain advance parole prior to their departure (ibid. 24 Nov. 2003). Persons eligible for advance parole are those who:

- [f]iled an application for adjustment of status but have not received a decision from the USCIS;

- [h]old refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or

- [have an] emergent personal or bona fide reason to travel temporarily abroad (ibid.).

The following information was provided in correspondence dated 3 August 2005 by the U.S. Committee for Refugees and Immigrants (USCRI), in response to questions posed by the Research Directorate, which are reproduced in bold below:

1. Under what conditions can one lose his/her parole status, particularly in the case of Cuban parolees in the US who were granted parole status on humanitarian grounds after being admitted into the US in 1994?

The U.S. Department of Homeland Security (DHS) may revoke such parole if the alien meets any of the criteria found in Section 212(a) of the Immigration and Nationality Act (INA) which specifies Classes of Aliens Inadmissible for Visas or Admission ... [see attachment for text of section 212(a)]. Those most typically applicable to parolees include health-related grounds (e.g., having a communicable disease of public health significance), criminal and related grounds (e.g., having committed a crime of "moral turpitude," having violated the drug laws, having been convicted of two or more crimes with sentences adding up to 5 or more years, etc.), security related grounds, including terrorist activity (defined quite broadly), and having been previously removed.

[Parole] also expires upon the date specified at issuance.

2. Can a person lose his/her parole status if they leave the US without authorization or for a prolonged period of time?

Yes, according to regulation 8 C.F.R. 212.5(e)... [see attachment for text of section 212.5 of Title 8 of the Code of Federal Regulations].

3. If one lost his/her parole status, what status would one have left?

None. Under such circumstances, DHS would normally issue a charging document called a "Notice to Appear" before an Immigration Judge in removal proceedings. The charging document may also constitute notice that parole has been revoked.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.

References

United States (US). 26 July 2005. US Citizenship and Immigration Services (USCIS). "Report to Congress: Use of the Attorney General's Parole Authority Under the Immigration and Nationality Act. Fiscal Years 1997-1998." http://uscis.gov/graphics/aboutus/repsstudies/parolrpt97.htm [Accessed 28 July 2005]

_____. 24 November 2003. US Citizenship and Immigration Services (USCIS). "Emergency Travel." http://uscis.gov/graphics/services/emergency/index.htm [Accessed 28 July 2005]

_____. 31 October 2003. "Humanitarian Parole." US Citizenship and Immigration Services (USCIS). http://uscis.gov/graphics/services/humanparole/index.htm [Accessed 26 July 2005]

_____. 13 December 2000. US Citizenship and Immigration Services (USCIS). "INS Issues Foreign Travel Advisory for Aliens With Pending Immigation Applications." http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm [Accessed 28 July 2005]
U.S. Committee for Refugees and Immigrants (USCRI). 3 August 2005. Correspondence from the Editor of the

World Refugee Survey.

Attachments

United States (US). 1952. "INA: Act 212 - General Classes of Aliens Ineligible to Receive Visas and Ineligible for Admission; Waivers of Inadmissibility." Immigration and Nationality Act. http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-act212 [Accessed 3 Aug. 2005], 24 pp.

_____. N.d. "Sec. 212.5 Parole of Aliens Into the United States." Title 8 of the Code of Federal Regulations. http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10281/slb-15590/slb-15940?f=templates&fn=document-frame.htm#slb-8cfrsec2125 [Accessed 3 Aug. 2005], 4 pp.