Parole (United States immigration)

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In U.S. immigration law, the term parole has three different meanings.

A person who does not meet the technical requirements for a visa may be allowed to enter the U.S. for humanitarian purposes. Persons who are allowed to enter the U.S. in this manner are known as parolees.

Another use related to immigration is advance parole[1], in which a person who already legally resides in the U.S. needs to leave temporarily and return without a visa. This typically occurs when a person's application to adjust status to permanent residency (to obtain a green card) is pending and the person must leave the U.S. for emergency or business reasons. In the wake of September 11, 2001, there has been greater scrutiny of applications for parole and advance parole. [2]

The term is also used to denote scenarios in which the federal government orders the release of an alien inmate incarcerated in a state prison before that inmate's sentence has been completed, with the stipulation that the inmate be immediately deported, and never permitted to return to the United States. The most celebrated example of this form of parole was that of Lucky Luciano, who was being "rewarded" for cooperating with the war effort during World War II; in most cases where such parole is resorted to, however, the federal government has deemed that the need for the immediate deportation of the inmate outweighs the state's interest in meting out punishment for the crime the inmate committed.