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Ombudsman Recommendation on Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad

The Ombudsman recommends that USCIS develop a parole policy to benefit eligible U principals and beneficiaries.

Since U visas were first established, USCIS policy, settled in regulation, has explicitly provided that individuals who have established eligibility for U nonimmigrant status and who reside outside of the United States should be granted parole to enter the country while they await U visa availability. The development of a consistent parole policy would comply with this regulatory mandate, address the urgent humanitarian concerns of principals and beneficiaries residing abroad and streamline adjudications of parole requests.

Recommendation:

  1. Consistent with its regulations, USCIS should afford parole to eligible U petitioners on the waiting list who reside abroad by creating a policy to facilitate entry to the United States while waiting for a visa to become available.
     
  2. The parole policy created by USCIS should allow for concurrent filings of the U visa petitions and requests for parole.
     
  3. Cases should be adjudicated at the Vermont Service Center, where U petitions currently are processed, to ensure consistent and effective adjudication, and where Congress expressly authorized the placement of the adjudication of vulnerable populations.
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Created Date: June 17, 2016
Last Published Date: March 22, 2019
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