With the recent devastation caused by Supertyphoon “Yolanda,” significant numbers of Filipino families have suffered losses and have been forcibly separated. There is no greater tragedy than to see the demise of a family member. For those who survived, it is heart-wrenching to see them ill, hungry or suffering injuries.
For a Filipino-American family who is separated because of immigration regulations, the pain experienced is the same, although not to the extent of losing a family member from a natural disaster. Recently, a US citizen who was separated from her husband just two weeks before supertyphoon Yolanda hit the Philippines was worried about the safety of her husband. The husband lives in a town that was hit hard by the typhoon. What can she do to reunite with her husband? What is a humanitarian parole visa?
Fred entered the United States with a J1, also known as an exchange visitor’s visa. A private educational institution sponsored his program. As a J1 visa holder, he is subject to the two-year condition requiring his return to the Philippines for a period of two years before any other kind of visa can be obtained.
While in school in the United States on a J1 visa, Fred met Carol who is a US citizen. A romance developed and Fred and Carol decided to get married. Thereafter, Carol filed a petition for Fred so that they could live together. A waiver of the two-year requirement was also requested. Unfortunately, to the dismay of the couple, the petition was approved but Fred was not able to get his immigrant visa because his waiver application was denied. Thus, Fred was required to stay in the Philippines for a two-year period prior to being issued an immigrant visa to the United States.
Prior to receiving the adverse decision denying Fred’s two-year waiver, Carol gave birth to their son. The lawyer for Fred advised him to go back to the Philippines and comply with the two-year requirement. Carol refused to be separated and so she, together with their son, returned with Fred to the Philippines. Carol and the son were not able to adjust to the climate and the living conditions in the province. She was compelled to leave Fred behind.
Two weeks after she left, supertyphoon Yolanda hit hard near the place where Fred was residing. While Fred is safe, their family residence was severely damaged. Carol wants Fred to return to California but does not know if a visa will be issued to Fred. Their son is suffering from a medical condition requiring regular treatment. She heard about a humanitarian parole visa and she wants to know if this is something that Fred will qualify for.
Case-by-case basis
Humanitarian parole refers to an official permission for an otherwise inadmissible non-US citizen to legally enter the United States temporarily. This includes those required to have a visa to visit or immigrate to the United States who are unable to obtain one, either due to ineligibility, inadmissibility or urgent circumstances that make it impractical to apply for one.
The Secretary of the Department of Homeland Security has the sole discretionary authority to grant parole to a foreign citizen and allow him or her into the United States temporarily. This is done on a case-by-case basis for urgent humanitarian reasons, such as to obtain medical treatment not available in his or her home country, visit a dying relative, or reunify young children with relatives. Granted for a maximum of one year, humanitarian parole does not constitute permanent admission of the alien into the country. Once the purpose of the parole is fulfilled, the alien is to leave the United States.
The non-US citizen may be paroled for “urgent humanitarian reasons” or where a grant would result in a “significant public benefit.” Humanitarian parole is an extraordinary measure, to be used sparingly and not to circumvent normal visa-issuing procedures.
Filing the application
The humanitarian parole application process starts when the Humanitarian Assistance Branch of the Department of Homeland Security receives an application and supporting evidence proving the emergency from the requester, who may be the applicant, the applicant’s attorney or someone applying on the applicant’s behalf.
Upon receiving an application, the officer at the Humanitarian Assistance Branch checks to ensure that the applicant is seeking humanitarian parole, the required information is entered on the application form (Form I-131), and the package includes a $360 application fee. If the application is complete and meets the qualifying factors, the parole application can be approved. Anyone may file on behalf of another person, provided the potential beneficiary is outside the United States. Application forms and instructions can be found on the United States Citizenship and Immigration Services (USCIS) website.
Fred may try to apply for the humanitarian parole and document the urgent reasons for traveling back to the United States. Depending on how the terrible tragedy and the disaster conditions have affected Fred and his family, a request for a humanitarian parole visa may be an available option. The calamity in his town may be an emergent reason for his return. He may also submit proof that his infant child is ill and that he needs to be with his wife during these difficult times.
The reality of the pain and suffering caused by supertyphoon Yolanda is brought home almost daily in media. It is not hard to see the grave humanitarian situation that is happening in Tacloban City and other hard-hit areas. Considering the current humanitarian crisis, there are also advocacies by the Filipino immigrant community in the United States for the grant of temporary protective status for Filipinos who are facing immediate deportation. Likewise, exceptional hardships for waiver applications may include the sufferings and losses brought about by the typhoon. Realistically, compassionate adjudication of waivers and humanitarian parole is expected from the immigration service although it may not be guaranteed.
(Lawyer Lourdes Tancinco may be reached at law@tancinco.com, (632) 7211963, or visit her website at www.tancinco.com)