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Humanitarian Parole Process to be Handled Directly by INS HQ
Posted
Jun 15, 2001
A March 16, 2001 INS Memorandum provides for the transfer of humanitarian
parole authority from the three overseas INS offices back to INS
headquarters in Washington, D.C. Humanitarian parole is a special mechanism
under the law that allows persons in extraordinary humanitarian situations
to enter the U.S. even though they may not qualify for a visa. Since the
parole is granted only in the most compelling circumstances, many of the
requests are denied, and from the government's point of view the
decision-making process can be very complex and difficult.
The Memorandum, issued by Michael Pearson, Deputy Associate Commissioner,
Office of Field Operations at INS, indicates that in 1992 the humanitarian
parole function was delegated to the three overseas INS offices, in Bangkok,
Thailand; Mexico City, Mexico; and Rome, Italy. However, that change was
intended to be temporary. INS now intends to have the Parole Branch at INS
Headquarters decide the parole applications. Please note that the overseas
INS offices retain the authority to grant parole in emergent situations
without a formal application. But the formal humanitarian parole application
process will now be a function of the Parole Branch.
Generally the applicant files the parole application with the U.S. Embassy
or consulate where he or she resides, and then the Embassy forwards it to
the overseas office. Now, the cases will instead be forwarded to Washington,
D.C. In order to ensure a smooth transition, the memo outlines a three-phase
plan. From March 1, 2001, parole applications within the jurisdiction of the
Bangkok office are being forwarded to INS headquarters. Then from June 1,
2001, the Mexico City cases are to be sent to headquarters. And finally,
from September 1, 2001, INS headquarters should start receiving cases that
come under Rome's jurisdiction.
It is unclear whether this change will lead to faster processing times or
affect the percentage of requests that are approved. However, as INS points
out in explaining the decision to centralize the process, the move to
headquarters should ensure consistency and will free up the overseas offices
to concentrate on their other tasks.
©
The
Law Office of Sheela Murthy, P.C.
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