Immigration Corner | Can I apply for humanitarian parole?

Dear Mrs Walker-Huntington,

I really need some advice as to what can be done after a visa denial. My mother is a legal permanent resident in the US, and she recently found out she has colon cancer. She did a major surgery a couple months ago. Due to everything that she is going through, she wanted me and my other sibling to visit her because she is doing chemo and can’t travel, and the healthcare in America is better.

Her doctor wrote a letter to the US Embassy explaining her condition and his support for us to come over and visit her in this trying time. The letter was supposed to be expedited to the embassy, but the travel agency failed to do so, and, instead, printed the letter and gave it to us to take to the embassy, knowing they weren’t going to ask us for any documents.

We both got denied our visas after explaining the need to see our mom. We both showed ties to the country.

There is a dire need to see my mom, I haven’t seen her in years. Her reason for not travelling is because she was working and paying taxes in the US and she never wanted to travel back and forth to Jamaica until she became a naturalised US citizen, which she is six months short of becoming. Filing isn’t really an option at the moment because I hear it can take up to 10 years. I would like to know what other options I have. Someone was telling me about humanitarian parole. Would that work based on the diagnosis of my mother? We have the doctor’s letter as proof.

SM

Dear SM,

I am sorry to learn about your mother’s condition and empathise with her and the family as you all face this crisis.

Your mother was free to travel back and forth to Jamaica as a lawful permanent resident – green card holder. There is no requirement that she becomes a US citizen before travelling. Also, as a green card holder, she is eligible to file a petition for her unmarried, adult children.

You did not indicate why your non-immigrant visas were denied. Unfortunately, persons such as yourself and your sibling who desperately need to be in the United States to be with a sick family member are sometimes denied visas. It is important that documents are submitted prior to the visa interview to show the relationship between the visa applicant and the ill person in the United States, evidence of the illness, and the strong need for the family members to be with the sick in America, and proof of financial support for the visitors.

While you have a compelling reason to be in America, the US Embassy also looks at the ties to your home country and determine whether they are strong enough to pull you back home after your visit.

Humanitarian parole is really designed for people who are inadmissible to the United States and are ineligible for a visa. It is granted at the discretion of the US government if you are inadmissible, but your entry into the US would service a public benefit. If you or your sibling have some major issue that has made you inadmissible to the United States, you may want to apply for a non-immigrant waiver. If that and all else fails, and you are inadmissible to the United States, you could apply humanitarian parole as a last resort. Either way, you and your sibling need to revisit your visa applications and try to get approval to go and care for your mother. Your case shows why it is important to have proper representation at the beginning in situations such as yours, and not leave your future to chance.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the united states; and family, criminal & international law in Florida. she is a mediator and former special magistrate & hearing officer in Broward County, Florida. info@walkerhuntington.com