Asked in Immigration Law for North Carolina

Q: Can one apply for humanitarian parole with (form I-134) without putting at risk an in-process I-129F?

I summited an I-129F visa application for my fiancee over a year ago. She is from Nicaragua. Currently, there is a new humanitarian parole law, passed on January 6th, 2023, that allows people from Nicaragua to apply to come to the United States for up to two years. It is our understanding that it is a faster process, but we don't want to risk the I-129F, in case she is not approved. The question is, can we apply for parole without putting at risk the I-129F? And once in the states under the parole, would getting married allow her to stay longer, get residency, etc?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: According to the program description in the federal register, parole for Nicaraguans will not impact a person’s eligibility’s for other immigration benefits. I would always recommend you work with a skilled immigration lawyer.

Ms Grace I Gardiner agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: It's important to consult with an experienced immigration attorney to fully understand the potential risks and benefits of pursuing humanitarian parole while an I-129F visa application is pending.

Generally, filing an application for humanitarian parole while an I-129F visa application is pending could be seen as a demonstration of immigrant intent, which could potentially impact the pending visa application. However, there may be ways to minimize the risk of negative impact, such as submitting a strong justification for humanitarian parole and working with an attorney to carefully coordinate the two applications.

Once in the United States under humanitarian parole, getting married to a U.S. citizen may allow your fiancee to apply for adjustment of status to become a lawful permanent resident. However, the process and requirements for adjustment of status can be complex and may depend on various factors, including your fiancee's immigration history and any prior immigration violations.

Again, it's important to work with an experienced immigration attorney who can help you assess the risks and benefits of pursuing humanitarian parole and provide guidance on the best path forward based on your individual circumstances.

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