Family Reunification Parole (FRP) processes provide a special pathway that may allow certain petitioners and beneficiaries to request temporary parole into the United States while waiting for a family-based immigrant visa to become available.
These processes can provide an opportunity for qualifying families to reunite in the United States while their immigration cases continue. Below, we explain the general process, eligibility considerations, and the different stages involved in family reunification parole.
Process for Obtaining Family Reunification Parole
Individuals who are granted parole into the United States may, under certain circumstances, be eligible to apply for an Employment Authorization Document (EAD) that allows them to work legally while their parole remains valid.
Family Reunification Parole processes apply to certain beneficiaries of an approved Form I-130, Petition for Alien Relative. Depending on the program and the immigration policies currently in effect, eligible beneficiaries may be considered on a case-by-case basis for discretionary parole while waiting for their family-based immigrant visas to become available.
Participation in an FRP process is not the same as automatically receiving permission to enter or remain in the United States. Applicants and beneficiaries must satisfy the requirements established by the U.S. government.
A financial supporter may be required for each beneficiary. USCIS and the Department of Homeland Security (DHS) may also conduct background and security checks before determining whether a beneficiary qualifies for advance authorization to travel.
If advance travel authorization is granted, the beneficiary may be permitted to travel to a U.S. port of entry and request parole. Travel authorization does not guarantee that parole will be granted. The final parole determination is discretionary and is generally made when the individual arrives at the port of entry.
If parole is granted, the beneficiary may be permitted to remain temporarily in the United States. When an immigrant visa becomes available, the individual may be able to apply for lawful permanent residence if otherwise eligible.
Eligibility Considerations
Specific eligibility requirements depend on the particular FRP program and the rules in effect at the time.
Petitioner
Depending on the applicable program, a petitioner may be required to:
- Be a U.S. citizen or lawful permanent resident.
- Have filed a qualifying Form I-130 on behalf of the beneficiary.
- Have an approved family-based petition.
- Satisfy any additional requirements established by USCIS or DHS.
Beneficiary
A beneficiary may be required to:
- Be the principal or derivative beneficiary of a qualifying approved Form I-130.
- Be outside the United States when required by the applicable program.
- Have the qualifying family relationship.
- Complete required background and security screening.
- Meet applicable health and immigration requirements.
- Satisfy any additional conditions established for the particular FRP process.
Depending on the underlying immigrant visa category, a spouse or unmarried child under age 21 may qualify as a derivative beneficiary in certain circumstances.
Stages of the Process
Although the exact procedure depends on the applicable program, an FRP case may involve several stages, including:
- Determining whether the petitioner and beneficiary qualify.
- Completing the required forms and submitting supporting information.
- Providing biographical information for the beneficiary.
- Completing background and security screening.
- Satisfying applicable medical requirements.
- Receiving advance authorization to travel, when required.
- Traveling to a U.S. port of entry.
- Requesting discretionary parole upon arrival.
Approval at one stage does not guarantee approval at later stages.
Employment Authorization After Arrival
Certain individuals granted parole may be eligible to apply for employment authorization after entering the United States.
Employment authorization generally requires a separate application and should not be considered automatic simply because an individual received parole.
Family Reunification Programs May Change
Immigration programs can change significantly over time. FRP processes may be modified, suspended, terminated, or affected by executive actions, agency policies, regulations, or federal court decisions.
For this reason, information from older articles concerning specific participating countries, invitation requirements, Form I-134A, eligibility dates, or application procedures may no longer reflect the current process.
Before submitting an application or making travel arrangements, applicants should verify the current requirements with USCIS and other appropriate federal immigration authorities.
Family reunification parole can provide an important option for qualifying families, but every immigration situation is different.
If you have an approved family petition and want to understand whether a family reunification or other immigration option may be available in your circumstances, contact Albizu Law at 512-861-5638 to schedule a consultation. Our team can help you understand the requirements and evaluate your immigration options based on the rules currently in effect.
