Case Result: Parole from ICE Followed by Employment Authorization (Client from Venezuela)  

DISCLAIMER: case results are not meant as legal advice or a guarantee as to any specific outcome.

I assisted my client, a Venezuelan National, in his I-765, Application for Employment Authorization.

At times, a non-citizen is eligible to apply for employment authorization in the United States under category (c) 11, Public Interest Parolee.

The client had just recently arrived in Massachusetts after fleeing his home country, Venezuela, and eventually planned to seek asylum in the United States. He fled his country on the basis of past persecution and fear of future persecution after he was kidnapped and threatened. He never thought he had to flee his country and seek refuge in the United States until he realized he had no choice but to seek protection abroad.

He was detained by U.S. Immigration and Customs Enforcement (ICE). However, ICE discretionarily decided to parole him from its custody pursuant to its authority under section 212(d)(5)(A) of the Immigration and Nationality Act. ICE’s parole determination noted that the parole authorization is valid for a year, and that it would terminate upon his departure from the U.S., or removal from the US, or at the end of the one-year period unless ICE extends it at its discretion.

Thankfully, through this grant of discretionary parole, the client was eligible to apply for employment authorization by submitting the I-765, Application for Employment Authorization, with the required evidence and documentation.

In November of 2021 we completed our consultation, in which time, after hearing his story and details of his journey to the United States, I decided to assist him on his employment authorization matter on a pro-bono basis. In December of 2021, we submitted the required documentation to USCIS (United States Citizenship and Immigration Services), and in June 2022 we received an approval notice of his employment authorization document by USCIS.

The client is now able to receive a social security number and an employment authorization document, which would enable him to legally work in the United States for a limited period of time.

Taking this case on a pro-bono basis created in me a great sense of fulfillment and happiness. I was extremely touched by the client’s enthusiasm to persevere in this country, and his strong desire to make his American dream a reality.

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