Title 8 — Aliens and NationalityRelease 119-73not60

§1804 Immigration Parole Fee

Title 8 › Chapter 16— IMMIGRATION FEES › § 1804

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Homeland Security must make any noncitizen who is paroled into the United States pay a fee, in addition to any other fees they owe. Some people do not have to pay if the Secretary agrees, case by case. These exceptions include things like a medical emergency when care is not available in the person’s country or there is no time for a regular visa, the parent or legal guardian of a minor with that medical emergency, someone who must donate an organ or tissue and cannot get a visa in time, someone coming because a close relative is dying or to attend a funeral when a visa would be too slow, an adopted child in the petitioner’s legal custody who needs urgent treatment before a final adoption visa is issued, a lawful adjustment-of-status applicant returning from temporary travel, someone returned to a nearby country and paroled in to attend an immigration hearing, a person granted Cuban or Haitian entrant status, or a person whose parole gives a clear public benefit because they are assisting U.S. law enforcement and are needed even though they cannot get a normal visa or are not allowed to enter otherwise. For fiscal year 2025 the fee must be at least $1,000 or a higher amount the Secretary sets by rule. For fiscal year 2026 and later years the fee equals last year’s fee plus an inflation adjustment based on the July Consumer Price Index, rounded down to the nearest $10. All collected fees go into the U.S. Treasury general fund. Except for the listed exceptions, the fee cannot be waived or reduced.

Full Legal Text

Title 8, §1804

Aliens and Nationality — Source: USLM XML via OLRC

(a)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.

(b)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—

(1)(A)the alien has a medical emergency; and

(B)(i)the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or

(ii)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;

(2)(A)the alien is the parent or legal guardian of an alien described in paragraph (1); and

(B)the alien described in paragraph (1) is a minor;

(3)(A)the alien is needed in the United States to donate an organ or other tissue for transplant; and

(B)there is insufficient time for the alien to be admitted to the United States through the normal visa process;

(4)(A)the alien has a close family member in the United States whose death is imminent; and

(B)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;

(5)(A)the alien is seeking to attend the funeral of a close family member; and

(B)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;

(6)the alien is an adopted child—

(A)who has an urgent medical condition;

(B)who is in the legal custody of the petitioner for a final adoption-related visa; and

(C)whose medical treatment is required before the expected award of a final adoption-related visa;

(7)the alien—

(A)is a lawful applicant for adjustment of status under section 1255 of this title; and

(B)is returning to the United States after temporary travel abroad;

(8)the alien—

(A)has been returned to a contiguous country pursuant to section 1225(b)(2)(C) of this title; and

(B)is being paroled into the United States to allow the alien to attend the alien’s immigration hearing;

(9)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

(10)the Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an alien—

(A)who has assisted or will assist the United States Government in a law enforcement matter;

(B)whose presence is required by the United States Government in furtherance of such law enforcement matter; and

(C)(i)who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant; or

(ii)for which there is insufficient time for the alien to be admitted to the United States through the normal visa process.

(c)For fiscal year 2025, the amount specified in this section shall be the greater of—

(1)$1,000; or

(2)such amount as the Secretary of Homeland Security may establish, by rule.

(d)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1)the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(2)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.

(e)All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(f)Except as provided in subsection (b), fees required to be paid under this section shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1804

Title 8 — Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60