[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR212.5]



[Page 196-198]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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 Secretary to continue an alien in custody 

or grant parole under section 212(d)(5)(A) of the Act shall be exercised 

by the Assistant Commissioner, Office of Field Operations; Director, 

Detention and Removal; directors of field operations; port directors; 

special agents in charge; deputy special agents in charge; associate 

special agents in charge; assistant special agents in charge; resident 

agents in charge; field office directors; deputy field office directors; 

chief patrol agents; district directors for services; and those other 

officials as may be designated in writing, subject to the parole and 

detention authority of the Secretary or his designees. The Secretary or 

his designees 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, Detention and Removal; directors of field 

operations; field office directors; deputy field office directors; or 

chief patrol agents shall follow the guidelines set forth in Sec. 

236.3(a) of this chapter and paragraphs (b)(3)(i) through (iii) of this 

section in determining under what conditions a juvenile should be 

paroled from detention:

    (i) Juveniles may be released to a relative (brother, sister, aunt, 

uncle, or 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 those officials identified in paragraph (a) of this 

section.



[[Page 197]]



    (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, those officials listed in paragraph (a) of this section 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 the 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, those officials listed in 

paragraph (a) of this section 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. Those officials 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 may be deemed 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 one of the officials listed in 

paragraph (a) of this section, 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 official listed in paragraph (a) of 

this section 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.

    (iii) Any alien granted parole into the United States so that he or 

she may transit through the United States in the course of removal from 

Canada



[[Page 198]]



shall have his or her parole status terminated upon notice, as specified 

in 8 CFR 212.5(e)(2)(i), if he or she makes known to an immigration 

officer of the United States a fear of persecution or an intention to 

apply for asylum. Upon termination of parole, any such alien shall be 

regarded as an arriving alien, and processed accordingly by the 

Department of Homeland Security.

    (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; 68 FR 35152, June 12, 2003; 69 FR 69489, Nov. 29, 2004]