Inspector's Field Manual - Gani

Inspector's Field Manual
Chapter 16: Special Classes.
References:
INA: Sections 207, 208, 209, 212, 244.
Regulations: 8 CFR 207, 208, 209, 212, 223, 244.
16.1 Parole.
(a) General considerations. Parole authority is exercised by the Attorney General pursuant to section 212(d)(5)
of the Act in a wide variety of situations. Parole is not regarded as an "admission," therefore paroled aliens are
subject to removal proceedings as inadmissible, rather than deportable, aliens. As an inspector, you will
frequently initiate a parole for such things as deferred inspection, referral for removal proceedings, and in other
situations deemed to be in the public interest. You will also process parolees who have been given advance
paroles by other Service officers for a wide range of reasons. Parole may be extended or revoked by a Service
officer at any time.
(b) Processing advance paroles. Advance paroles are issued by Service officers in the U.S. or overseas. Form
I-512, Authorization for Parole of an Alien into the United States, is issued as evidence of advance parole
authorization. An I-512 may be issued for single or multiple entries. The form itself also includes the alien's
biographic data, a glued on or computer imaged ADIT-style photograph, and the facsimile stamp of the district
director for the issuing district. Manually attached photographs will also have an INS dry seal or INS
maceration die impression. The terms and conditions of parole, including the duration of the parole, are
specified on the form. When an advance authorization is prepared by a consular official rather than an
immigration officer, it will be issued on Department of State letterhead. These letters are commonly referred to
as "transportation letters" or "boarding letters" since they are addressed to the transportation line and absolve
the line of liability for the fine ordinarily incurred when a carrier transports an alien without a required visa.
Ordinarily, processing of paroles is handled in secondary, where there is time to access automated systems to
verify the request. When you encounter an I-512 or boarding letter during the inspection process, examine it
closely. Counterfeit and altered forms have been encountered. Question the applicant concerning the basis of
their parole, to determine if his or her explanation and the basis on which the parole was issued are consistent.
For example, an alien who has not previously been in the U.S. should not have a parole document indicating a
pending adjustment or asylum application as the basis of issuance.
Once you are satisfied that the person is entitled to parole, endorse the I-94 with the parole stamp, indicate in the
appropriate block the basis of parole (e.g." I-512, adjustment applicant"), the date to which paroled (or
indefinite), the date of action, port and your stamp number. Similarly endorse the action block on the I-512 and
the alien's passport. If the I-512 is valid for a single entry, collect it and forward it to the files control office
where the advance parole was issued. If the I-512 is valid for multiple entries, return it to the applicant, after
making a photocopy for forwarding to the issuing office. If the alien parolee is permitted employment and does
not have an employment authorization document advise the applicant about filing procedures. Special handling
procedures described in Chapter 15.11 also apply to holders of Forms I-512 who are nationals of the affected
countries. Handle the I-94 arrival and departure sections in the same manner as other nonimmigrant Forms I-94.
(c) Port-of-entry paroles. Local policy control procedures for authorization of most paroles at ports-of-entry.
Parole is often an appropriate alternative for emergent medical treatment or other similar situations. Unlike a
request for an advance parole, a request for parole at a port of entry requires neither a fee nor an application.
Except for paroles of less than 1 day for border functions or certain NATO activities as described in Chapter
11.2, every parole action requires preparation of Form I-94, endorsed with the parole stamp as described above.
In any case where an alien passenger arriving by air or sea is paroled because he or she lacks the proper visa,
consider institution of fine proceedings against the carrier, as discussed in Chapter 43. In addition, prepare
Form I-160, which is retained at the port-of-entry as a record of the action taken. Institute fine proceedings, when