Admission V.S. Parole
Admission
To lawfully enter the United States, an alien must apply and present himself or herself in person to an immigration officer at a United States port of entry. An alien who arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. Through the inspection process, an immigration officer determines whether the alien is admissible and may enter the United States under all the applicable provisions of immigration laws.
An alien is admitted to the United States if the following two conditions are met:
- The alien applied for admission as an “alien” at a port of entry; and
- An immigration officer inspected the applicant for admission as an “alien” and authorized him or her to enter the United States in accordance with the procedures for admission.
Parole
Parole is a form of entry specifically for people who might otherwise be inadmissible or have no means to immigrate or enter the United States legally. Parole is a way for the United States government to grant entry to a person without “admitting” them to the United States under the United States immigration law. Being paroled into the United States thus does not count as a formal “admission” for immigration purposes, which has certain legal consequences.
Some parole policies allow a person to leave the United States and return; this is referred to as advance parole. Through advance parole, a person is granted permission to leave the United States and re-enter under “parole” to resume an application or status they had prior to their departure.
An alien is paroled if the following conditions are met:
- They are seeking admission to the United States at a port of entry; and
- An immigration officer inspected them as an “alien” and permitted them to enter the United States without determining whether they may be admitted into the United States.
A grant of parole is a temporary and discretionary act exercised on a case-by-case basis. Parole, by definition, is not an admission.
Admission vs. Parole
Current immigration law distinguishes entry from the legal process of admission. The immigration law defined an admission as a “lawful entry” after an “inspection and authorization” by an immigration officer. Under this definition, a person may enter the United States, and be living within the United States, without having been legally admitted. Those that are granted parole, although allowed into the United States, are treated as if they are still at the border seeking “admission” under the United States immigration laws. Parole grants entry, however does not count as a legal admission in the United States immigration law.
Because parolees are treated as if they are still at the border, parolees are considered “arriving aliens.” Being an “arriving alien” and an applicant for admission has several implications for parolees in the United States. Parolees must still face the laws of admissibility, and in some cases have fewer legal protections than someone who was admitted to the United States. Being an arriving alien impacts whether DHS or the immigration courts have jurisdiction over aspects of the case, including custody, removal, and applications for adjustment of status.
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