The U.S. Government enacted the Haitian Family Reunification Parole Program (“HFRP Program”) to allow certain Haitian relatives to enter the U.S. before the priority date becomes current. The HFRP Program authorizes the relative, who filed an I-130 petition, to apply for the Haitian relative’s parole into the U.S.
Who May Apply for the HFRP Program?
Unlike other immigration programs, the I-130 petitioner must receive an invitation from the National Visa Center (“NVC”) before filing an HFRP application for a Haitian family member.
What Other Criteria Must an Applicant Satisfy?
In addition to receiving an invitation from the NVC, the I-130 petitioner must show that USCIS approved the I-130 petition before or on 18 December 2014. Also, the petitioner must show that an immigrant visa is not available yet.
After Entering the U.S., Can an HFRP Parolee Work?
Yes, a Haitian relative granted HFRP parole may apply for employment authorization while waiting to apply for permanent residency.
Does HFRP Allow a Parolee to Stay in the U.S. Forever?
No. When granted parole, the Department of Homeland Security (“DHS”) limits the amount of time that the Haitian relative may remain in the U.S. An I-94 Form will indicate when parole ends. HFRP parolees in the U.S. should reapply for parole before the parole period expires.
Importantly, HFRP parolees may apply for permanent resident status by filing the I-485 adjustment application. If HFRP parole expires before filing an I-485 Form, USCIS can deny the I-485 application. For I-485 adjustment purposes, authorized parole demonstrates that an immigration officer inspected the applicant. See 8 C.F.R. § 245.1(b)(3).
Can DHS Terminate Parole?
After entering the United States, DHS may terminate HFRP parole if the parolee departs the U.S. or violates certain laws. Also, parole terminates when the parole timeframe expires if the HFRP beneficiary does not reapply for parole.