MILITARY PAROLE IN PLACE

Parole in Place (PIP) is available to specific undocumented family members of U.S. military personnel, whether active or veterans. PIP is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Those granted PIP receive authorization to stay and work in the United States. Furthermore, PIP beneficiaries are "paroled" and can apply for a green card within the U.S. under §245(a) of the Immigration and Nationality Act (INA).

Eligibility Requirements for Military Parole in Place

Military Parole in Place (PIP) offers a unique opportunity for certain family members of U.S. military servicemembers who are residing in the country without lawful entry. This program is available to spouses, widows or widowers, parents, and children (regardless of age) of current or former military servicemembers.

Who Qualifies?

To be eligible for PIP, the servicemember must be:

• On active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard

• A member of the selected reserve or the ready reserve

• A former active duty servicemember or a former selected reserve member who was not dishonorably discharged

It's important to note that PIP does not address inadmissibility grounds under INA Section 212. Applicants with criminal convictions may face challenges in obtaining PIP.

Limitations and Alternatives

Families of military members who lawfully entered the U.S. but overstayed their visas are not eligible for PIP. However, these individuals can pursue Deferred Action as an alternative. Consulting with experienced immigration counsel is highly recommended to explore eligibility and appropriate legal remedies.

Benefits of Military Parole in Place

Under the Immigration and Nationality Act (INA), PIP can be granted for “urgent humanitarian reasons or significant public benefit” on a case-by-case basis.

Key Advantages

• Authorized Stay and Work: Beneficiaries can legally stay and work in the U.S.

• Pathway to Green Card: PIP beneficiaries are considered “paroled” for the purpose of applying for a Green Card within the U.S., a significant benefit not typically available through other parole programs.

Normally, those who enter the U.S. unlawfully cannot adjust their status to permanent residence from within the country. PIP allows beneficiaries to:

• Avoid the three-year and ten-year unlawful presence bars

• Become eligible for employment authorization

• Adjust status to permanent residence

PIP is granted for one year at a time, with extensions available in one-year increments. Each extension requires a new PIP application. Beneficiaries also receive an I-94 arrival/departure record, which serves as proof of lawful entry, enabling them to apply for a work permit or proceed with adjustment of status.

Application Process for Military Parole in Place

To apply for PIP, you need to submit the following documents:

• A cover letter;

• Form I-131, Application for Travel Document (no fee required);

• Evidence of family relationship to the servicemember (e.g., birth certificate, marriage certificate);

• Evidence of the servicemember’s military service and U.S. citizenship or permanent residence;

• Proof of identity or nationality;

• Two passport-style photos; and

• Evidence of any favorable discretionary factors (if applicable).

Once approved and issued an I-94, PIP beneficiaries can apply for a Green Card or work authorization through the standard process. Immediate adjustment of status is possible if the qualifying relative is a U.S. Citizen. If the relative is a lawful permanent resident, beneficiaries must wait for an immigrant visa to become available but can continue to stay and work in the U.S. during this period.

Deferred Action for Military Families

Deferred Action offers another avenue for family members of military personnel. It defers removal action against an individual for a set period and is available to spouses, widows or widowers, parents, or children (regardless of age) of:

• Active-duty military personnel

• Selected reserve members of the ready reserve

• Former servicemembers who were not dishonorably discharged

Deferred Action is suitable for families who entered the U.S. lawfully but overstayed their visa. Granted in two-year increments, it allows beneficiaries to apply for work authorization if they show economic need but does not provide a direct path to permanent residence or citizenship.

Conclusion

Military Parole in Place is a valuable option for family members of U.S. military servicemembers living in the country without lawful entry. This program offers unique benefits, including the ability to apply for a Green Card within the U.S., which is not generally available through other parole programs.

Related News

Consistent with the Biden-Harris Administration’s commitment to keeping families together, DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States.

However, this execute order are yet to take effect and proper guidance have not been issued or finalized by the government. It is not possible to file for this initiative at this time.

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