Case Study: Get Me to the Church On Time!

Last week, Berardi Immigration Law successfully applied for humanitarian parole on behalf of our client, a UK citizen and permanent resident of Canada.  Humanitarian Parole is often a “last chance” for individuals who are not otherwise eligible for entry into the U.S., but request admittance for urgent medical or humanitarian reasons or other compelling emergencies.  Review of these applications is very stringent, and 3/4 of all humanitarian parole applications are denied. USCIS, ICE, and CBP exercise concurrent parole authority.  CBP may authorize parole at U.S. ports of entry, including pre-flight inspection facilities.  These applications are proscribed on a case-by-case basis and may not be used to circumvent normal visa-issuing procedures or applications for nonimmigrant status.

Our client had been denied entry into the U.S. because of two minor criminal convictions from over 30 years ago.  After contacting our office, we prepared a B-2 visitor’s visa application for him along with a criminal waiver application, both which were submitted to the U.S. Embassy in Ottawa months ago.  This application was made in timely anticipation of our client’s daughter’s wedding, which was scheduled to take place in Nevada mid-September.  As of August 31, our client’s waiver application had not yet been processed; this, in turn, negatively affected his eligibility for a visitor’s visa. Without further action, it seemed unlikely that he would be able to attend the wedding.

Determined to help our client walk his daughter down the aisle, our office contacted the U.S. Embassy in Ottawa and received word that there was a five-month backlog in the processing of waiver applications. We then prepared a lengthy humanitarian parole application with extensive documentation.  We cited specific regulations which give CBP and consular officials the authority to jointly waive certain entry requirements for landed Canadian immigrants on the basis of compelling circumstances and reciprocity with Canada.  We included copies of the relevant law, evidence of his timely filed waiver and visa application, the information we received from our contact at the Embassy, proof of the scheduled wedding and evidence of our client’s intent to return to Canada.  As a testament to Rosanna’s working relationship with CBP officials at the Peace Bridge, the parole application was approved.  The visa requirement was waived, and our client was able to enter the U.S. for his daughter’s wedding.

If you are a Canadian citizen or landed immigrant who is currently ineligible for entry into the U.S., Berardi Immigration Law can help you successfully present your case to CBP for humanitarian parole. Please remember that humanitarian parole cannot be used to circumvent normal immigration procedures and is not a means to bypass normal delays in visa issuance. Therefore, we cannot recommend humanitarian parole until all other legitimate avenues for entry into the U.S. have been exhausted.  Please feel free to contact us so that we can assess your situation.  We will formulate a strategy for your case in order to maximize the chances of its approval.  Contact Berardi Immigration Law to schedule a consultation.

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