DHS parole fee is now in effect

On October 16, a new $1,000 parole fee took effect for foreign nationals paroled into the United States.  Unless a specific exception applies, the fee applies to any foreign national with a request for parole that was filed or pending on or after the effective date of October 16.

Individuals subject to the fee, payment

The $1,000 parole fee is required for individuals granted parole under the Immigration and Nationality Act, including the following:

• Initial parole granted to individuals outside the United States.
• Parole in Place authorized by Congress for certain individuals already in the United States.
• Re-parole or parole from the custody of the U.S. Department of Homeland Security.

The fee is not due at the time of filing an application or request for parole. Instead, the fee becomes payable when parole is granted at a U.S. port of entry, or by DHS for individuals who are already physically present in the United States. The parole fee will be payable each time a new period of parole is granted (commonly referred to as re-parole). The DHS has also indicated that the fee will be subject to annual adjustments for inflation.

U.S. Citizenship and Immigration Services will issue a payment notice to applicants before approving parole. The notice will include a deadline for submitting the fee, as well as payment instructions. Parole will not be granted unless the fee is paid within the specified time frame.

Exemptions

DHS has identified specific exemptions that are intended to address certain humanitarian needs and public interest cases:  

• A lawful applicant for adjustment of status under Section 245 of the Immigration and Nationality Act who is returning to the United States after temporary travel abroad. (This applies to those who have valid advance parole travel documents based on either employment- or family-based adjustment applications that are pending with the USCIS.)
• An individual with a medical emergency who cannot obtain necessary treatment in the country of residence, or where there is insufficient time to obtain admission to the United States through the normal visa process. This exception also applies to a parent or legal guardian who wishes to accompany a minor in the same circumstances.
• An individual whose presence is needed in the United States to donate an organ or other tissue for transplant, if there is not enough time for admission to the United States through the normal visa process.
• An individual whose close family member is in imminent danger of death, if the individual cannot be admitted to the United States in time to see such family member via the normal visa process.
• An individual seeking to attend the funeral of a close family member, if the individual cannot arrive in time to attend the funeral through the normal visa process.
• An adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa, and whose medical treatment is required before the expected issuance of a final adoption-related visa.
• A lawful applicant for adjustment of status under Section 245 of the Immigration and Nationality Act who is returning to the United States after temporary travel abroad.
• An individual who has been returned to a contiguous country pursuant to Section 235(b)(2)(C) of the INA and who is being paroled into the United States to attend an immigration hearing.
• A Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.
• An individual whose parole is determined by the Secretary of Homeland Security to result in a significant public benefit, including assistance of the U.S. Government in a law enforcement matter; and who does not satisfy applicable eligibility requirements or for whom there is not enough time for admission via the normal visa process.

The new $1,000 parole fee will have significant implications for both humanitarian and discretionary parole programs, potentially increasing the financial burdens on applicants and sponsors. The USCIS is expected to issue supplemental guidance outlining fee collection procedures, acceptable payment methods and documentation requirements for individuals seeking exemptions under the rule.