New Immigration Parole Fee Notice

The U.S. Citizenship and Immigration Services (USCIS) recently sent notices to many individuals about a new fee requirement affecting certain individuals who seek parole into the United States. It appears that most of notices were sent to those with a valid parole document, but some were also sent to lawful permanent residents (i.e., green card holders). The indiscriminate dissemination of the notice confused many individuals. For the benefit of MurthyDotCom readers, this article explains the policy and clarifies its application.

The Immigration Parole Fee

The immigration parole fee is a new $1,000 charge that applies to individuals who are paroled into the U.S. This fee is required each time a foreign national is granted parole under the Immigration and Nationality Act (INA). This includes various forms of parole: initial parole from outside the U.S., parole in place, re-parole, or parole from U.S. Department of Homeland Security (DHS) custody. The fee requirement is effective immediately.

Unlike typical immigration fees paid when filing an application, the immigration parole fee is collected by the U.S. Customs and Border Protection (CBP) at the port of entry when an individual seeks to enter the U.S., assuming that CBP determines parole is warranted and the individual is subject to the fee. For parole in place, payment is due upon notification from the DHS.

I-485 Adjustment of Status Applicants are Exempted

The USCIS has been sending these notices to individuals with pending applications for adjustment of status who hold valid I-512L advance parole documents. However, the policy specifically exempts a lawful applicant for adjustment of status returning to the U.S. after temporary travel abroad from the fee. An individual with a pending I-485 therefore should be able to travel without being subjected to this fee. It would be prudent for an individual to carry a copy of the I-485 receipt notice when traveling as evidence of this classification.

Fee Does Not Apply to Lawful Permanent Residents

Many lawful permanent residents also have received these notices if they were previously issued advance parole documents that still have valid dates listed, even though that advance parole became void upon the issuance of the green card. This fee only applies to certain parolees, not to lawful permanent residents. A green card holder may continue to travel using their green card to reenter the U.S.

Other Exemptions to the Fee Requirement

There also are other specific exemptions to the immigration parole fee. An individual claiming such an exemption would need to provide evidence to the CBP officer upon inspection at the port of entry.

Conclusion

The new immigration parole fee represents a significant policy change that affects certain individuals seeking entry into the U.S. However, it is important to understand that specific categories of travelers are exempt from this fee, including adjustment of status applicants with advance parole documents and lawful permanent residents. Individuals with questions about the applicability of the new fee are advised to consult with a qualified immigration attorney.

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