[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.5]

[Page 245-247]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec. 212.5  Parole of aliens into the United States.

    (a) The authority of the Commissioner to continue an alien in 
custody or grant parole under section 212(d)(5)(A) of the Act shall be 
exercised by the Deputy Executive Associate Commissioner for Detention 
and Removal, the Director of the Office of Juvenile Affairs, the 
district director, or the chief patrol agent, subject to the parole and 
detention authority of the Commissioner or his designees. The 
Commissioner or his designees, which include the Deputy Commissioner, 
the Executive Associate Commissioner for Field Operations, and the 
regional director, may invoke, in the exercise of discretion, the 
authority under section 212(d)(5)(A) of the Act.
    (b) The parole of aliens within the following groups who have been 
or are detained in accordance with Sec. 235.3(b) or (c) of this chapter 
would generally be justified only on a case-by-case basis for ``urgent 
humanitarian reasons'' or ``significant public benefit,'' provided the 
aliens present neither a security risk nor a risk of absconding:
    (1) Aliens who have serious medical conditions in which continued 
detention would not be appropriate;
    (2) Women who have been medically certified as pregnant;
    (3) Aliens who are defined as juveniles in Sec. 236.3(a) of this 
chapter. The Director of the Office of Juvenile Affairs shall follow the 
guidelines set forth in Sec. 236.3(a) of this chapter and paragraphs 
(b)(3)(i) through (b)(3)(iii) of this section, in determining under what 
conditions a juvenile shall be paroled from detention:
    (i) Juveniles may be released to a relative (brother, sister, aunt, 
uncle, or

[[Page 246]]

grandparent) not in Service detention who is willing to sponsor a minor 
and the minor may be released to that relative notwithstanding that the 
juvenile has a relative who is in detention.
    (ii) If a relative who is not in detention cannot be located to 
sponsor the minor, the minor may be released with an accompanying 
relative who is in detention.
    (iii) If the Service cannot locate a relative in or out of detention 
to sponsor the minor, but the minor has identified a non-relative in 
detention who accompanied him or her on arrival, the question of 
releasing the minor and the accompanying non-relative adult shall be 
addressed on a case-by-case basis;
    (4) Aliens who will be witnesses in proceedings being, or to be, 
conducted by judicial, administrative, or legislative bodies in the 
United States; or
    (5) Aliens whose continued detention is not in the public interest 
as determined by the district director, chief patrol agent, the Deputy 
Executive Associate Commissioner for Detention and Removal, or the 
Director of the Office of Juvenile Affairs.
    (c) In the case of all other arriving aliens, except those detained 
under Sec. 235.3(b) or (c) of this chapter and paragraph (b) of this 
section, the district director, chief patrol agent, the Deputy Executive 
Associate Commissioner for Detention and Removal, or the Director of the 
Office of Juvenile Affairs may, after review of the individual case, 
parole into the United States temporarily in accordance with section 
212(d)(5)(A) of the Act, any alien applicant for admission, under such 
terms and conditions, including those set forth in paragraph (d) of this 
section, as he or she may deem appropriate. An alien who arrives at a 
port-of-entry and applies for parole into the United States for the sole 
purpose of seeking adjustment of status under section 245A of the Act, 
without benefit of advance authorization as described in paragraph (f) 
of this section shall be denied parole and detained for removal in 
accordance with the provisions of Sec. 235.3(b) or (c) of this chapter. 
An alien seeking to enter the United States for sole purpose of applying 
for adjustment of status under section 210 of the Act shall be denied 
parole and detained for removal under Sec. 235.3(b) or (c) of this 
chapter, unless the alien has been recommended for approval of such 
application for adjustment by a consular officer at an Overseas 
Processing Office.
    (d) Conditions. In any case where an alien is paroled under 
paragraph (b) or (c) of this section, the district director, chief 
patrol agent, the Deputy Executive Associate Commissioner for Detention 
and Removal, or the Director of the Office of Juvenile Affairs may 
require reasonable assurances that the alien will appear at all hearings 
and/or depart the United States when required to do so. Not all factors 
listed need be present for parole to be exercised. The district 
director, chief patrol agent, the Deputy Executive Associate 
Commissioner for Detention and Removal, or the Director of the Office of 
Juvenile Affairs should apply reasonable discretion. The consideration 
of all relevant factors includes:
    (1) The giving of an undertaking by the applicant, counsel, or a 
sponsor to ensure appearances or departure, and a bond may be required 
on Form I-352 in such amount as the district director, chief patrol 
agent, the Deputy Executive Associate Commissioner for Detention and 
Removal, or the Director of the Office of Juvenile Affairs may deem 
appropriate;
    (2) Community ties such as close relatives with known addresses; and
    (3) Agreement to reasonable conditions (such as periodic reporting 
of whereabouts).
    (e) Termination of parole--(1) Automatic. Parole shall be 
automatically terminated without written notice (i) upon the departure 
from the United States of the alien, or, (ii) if not departed, at the 
expiration of the time for which parole was authorized, and in the 
latter case the alien shall be processed in accordance with paragraph 
(e)(2) of this section except that no written notice shall be required.
    (2)(i) On notice. In cases not covered by paragraph (e)(1) of this 
section, upon accomplishment of the purpose for which parole was 
authorized or when in the opinion of the district director or chief 
patrol agent in charge of the area in which the alien is located, the 
Deputy Executive Associate

[[Page 247]]

Commissioner for Detention and Removal, or the Director of the Office of 
Juvenile Affairs, neither humanitarian reasons nor public benefit 
warrants the continued presence of the alien in the United States, 
parole shall be terminated upon written notice to the alien and he or 
she shall be restored to the status that he or she had at the time of 
parole. When a charging document is served on the alien, the charging 
document will constitute written notice of termination of parole, unless 
otherwise specified. Any further inspection or hearing shall be 
conducted under section 235 or 240 of the Act and this chapter, or any 
order of exclusion, deportation, or removal previously entered shall be 
executed. If the exclusion, deportation, or removal order cannot be 
executed within a reasonable time, the alien shall again be released on 
parole unless in the opinion of the district director, chief patrol 
agent, the Deputy Executive Associate Commissioner for Detention and 
Removal, or the Director of the Office of Juvenile Affairs the public 
interest requires that the alien be continued in custody.
    (ii) An alien who is granted parole into the United States after 
enactment of the Immigration Reform and Control Act of 1986 for other 
than the specific purpose of applying for adjustment of status under 
section 245A of the Act shall not be permitted to avail him or herself 
of the privilege of adjustment thereunder. Failure to abide by this 
provision through making such an application will subject the alien to 
termination of parole status and institution of proceedings under 
sections 235 and 236 of the Act without the written notice of 
termination required by Sec. 212.5(e)(2)(i) of this chapter.
    (f) Advance authorization. When parole is authorized for an alien 
who will travel to the United States without a visa, the alien shall be 
issued Form I-512.
    (g) Parole for certain Cuban nationals. Notwithstanding any other 
provision respecting parole, the determination whether to release on 
parole, or to revoke the parole of, a native of Cuba who last came to 
the United States between April 15, 1980, and October 20, 1980, shall be 
governed by the terms of Sec. 212.12.
    (h) Effect of parole of Cuban and Haitian nationals. (1) Except as 
provided in paragraph (h)(2) of this section, any national of Cuba or 
Haiti who was paroled into the United States on or after October 10, 
1980, shall be considered to have been paroled in the special status for 
nationals of Cuba or Haiti, referred to in section 501(e)(1) of the 
Refugee Education Assistance Act of 1980, Public Law 96-422, as amended 
(8 U.S.C. 1522 note).
    (2) A national of Cuba or Haiti shall not be considered to have been 
paroled in the special status for nationals of Cuba or Haiti, referred 
to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, 
Public Law 96-422, as amended, if the individual was paroled into the 
United States:
    (i) In the custody of a Federal, State or local law enforcement or 
prosecutorial authority, for purposes of criminal prosecution in the 
United States; or
    (ii) Solely to testify as a witness in proceedings before a 
judicial, administrative, or legislative body in the United States.

[47 FR 30045, July 9, 1982, as amended at 47 FR 46494, Oct. 19, 1982; 52 
FR 16194, May 1, 1987; 52 FR 48802, Dec. 28, 1987; 53 FR 17450, May 17, 
1988; 61 FR 36611, July 12, 1996; 62 FR 10348, Mar. 6, 1997; 65 FR 
80294, Dec. 21, 2000; 65 FR 82255, Dec. 28, 2000; 67 FR 39257, June 7, 
2002]