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?
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. https://www.federalregister.gov/documents/2023/01/09/2023-00254/implementation-of-a-parole-process-for-nicaraguans
Ms Grace I Gardiner agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
