8 U.S.C. § 1804 — Immigration parole fee
submitted 1 year ago by Pub. L. 119-21 to r/title-8-ALIENS-AND-NATIONALITY · 761 words · no verdicts yet
The Secretary must charge a fee to an alien paroled into the United States unless the alien proves a listed exception. The fee starts at $1,000 or a rule-set amount, adjusts for inflation, goes to the Treasury’s general fund, and cannot otherwise be waived or reduced.
(a) Unless subsection (b) applies, the Secretary of Homeland Security must require an alien paroled into the United States to pay the amount specified here, in addition to other legally authorized fees. (b) The alien is exempt if, case by case and to the Secretary’s satisfaction, the alien proves parole is because: (1)(A) of a medical emergency and (B)(i) needed treatment is unavailable in the foreign country of residence or (ii) the emergency is life-threatening and there is not enough time for normal visa admission; (2)(A) the alien is the parent or legal guardian of a paragraph (1) alien and (B) that alien is a minor; (3)(A) the alien is needed in the United States to donate an organ or tissue for transplant and (B) normal visa admission would take too long; (4)(A) a close United States family member is near death and (B) normal visa admission would prevent arrival in time to see that person alive; (5)(A) the alien seeks a close family member’s funeral and (B) normal visa admission would prevent timely arrival; (6) the alien is an adopted child with (A) an urgent medical condition, (B) legal custody by the petitioner for a final adoption-related visa, and (C) treatment needed before that visa is expected; (7)(A) the alien is a lawful adjustment-of-status applicant under section 1255 and (B) is returning after temporary foreign travel; (8)(A) the alien was returned to a neighboring country under section 1225(b)(2)(C) and (B) is paroled to attend an immigration hearing; (9) the alien has Cuban and Haitian entrant status as defined in the cited law; or (10) the Secretary finds a significant public benefit has resulted or will result from parole of an alien (A) who assisted or will assist the Government in law enforcement, (B) whose presence the Government needs for that matter, and (C)(i) is inadmissible or ineligible as a nonimmigrant or (ii) cannot be admitted normally in time. (c) In fiscal year 2025, the amount is the greater of $1,000 or an amount set by the Secretary by rule. (d) In fiscal year 2026 and each later fiscal year, it is the prior fiscal year’s fee plus that fee multiplied by any July CPI percentage increase over the same July of the prior calendar year, rounded down to the next multiple of $10. (e) All fees go into the Treasury’s general fund. (f) Except for subsection (b), the fees may not be waived or reduced.
Except as provided under subsection (b), the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this section and in addition to any other fee authorized by law, by any alien who is paroled into the United States.
An alien shall not be subject to the fee otherwise required under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, on an individual, case-by-case basis, that the alien is being paroled because—
the alien has a medical emergency; and
the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or
the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
the alien is the parent or legal guardian of an alien described in paragraph (1); and
the alien described in paragraph (1) is a minor;
the alien is needed in the United States to donate an organ or other tissue for transplant; and
there is insufficient time for the alien to be admitted to the United States through the normal visa process;
the alien has a close family member in the United States whose death is imminent; and
the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;
the alien is seeking to attend the funeral of a close family member; and
the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;
the alien is an adopted child—
who has an urgent medical condition;
who is in the legal custody of the petitioner for a final adoption-related visa; and
whose medical treatment is required before the expected award of a final adoption-related visa;
the alien—
is a lawful applicant for adjustment of status under section 1255 of this title; and
is returning to the United States after temporary travel abroad;
the alien—
has been returned to a contiguous country pursuant to section 1225(b)(2)(C) of this title; and
is being paroled into the United States to allow the alien to attend the alien’s immigration hearing;
the alien has been granted the status of Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422; 8 U.S.C. 1522 note); or
the Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an alien—
who has assisted or will assist the United States Government in a law enforcement matter;
whose presence is required by the United States Government in furtherance of such law enforcement matter; and
who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant; or
for which there is insufficient time for the alien to be admitted to the United States through the normal visa process.
For fiscal year 2025, the amount specified in this section shall be the greater of—
$1,000; or
such amount as the Secretary of Homeland Security may establish, by rule.
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—
the amount of the fee required under this subsection for the most recently concluded fiscal year; and
the product resulting from the multiplication of the amount referred to in paragraph (1) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.
Except as provided in subsection (b), fees required to be paid under this section shall not be waived or reduced.
Source credit: (Pub. L. 119–21, title X, § 100004, July 4, 2025, 139 Stat. 367.)
- 2025Enacted · Pub. L. 119-21 · 139 Stat. 367
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-21 on 2025-07-04.
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