Parole in place is an immigration program available to qualifying United States military personnel members, both veterans and active. Beneficiaries can stay and work in the United States. Most importantly, parole allows applicants to apply for a green card. Parole in place is a privilege for military families and is unavailable for civilians. The program aims to maintain the family unit and give service members peace.

The Challenge Addressed By Parole In Place

Initially, people who entered the U.S. unlawfully or without inspection cannot apply for a green card or permanent residence from inside the U.S. Applying for permanent residence in the U.S. is an adjustment of status. Undocumented family members had to return to their home countries for regular consular processing.

However, this process would trigger a three- to ten-year bar from re-entering the United States as a punishment for the prior unlawful presence. However, this immigration policy faced immense criticism because it separated families and made the immigration process extremely difficult.

These scenarios can create fear and affect military preparedness for United States military members. In 2013, the USCIS issued a memo outlining the parole-in-place program and a subsequent memo in November 2016, giving additional clarification.

The Benefits Of Parole In Place

Undocumented family members can reap several benefits from the parole-in-place program. The parole program allows certain family members of the U.S. military to remain in the United States to avoid family separation. With parole, the undocumented family will enjoy the authorized stay and qualify for employment authorization. Here are the specific benefits of a parole in place:

Protection From Deportation and Qualifying For a Work Permit

The main benefits of parole are protection from deportation and obtaining a work permit. You will enjoy an authorized stay in the United States for one year when granted a PIP. You will also be granted an I-94 arrival or departure record as evidence of the parole. With an I-94 record, you can apply for a work permit/employment authorization using Form I-765. You are eligible for a work permit as a parolee.

Adjustment Of Status

Adjustment of status is the process of seeking a green card while in the United States. You must legally enter the United States to qualify for a green card. When granted parole in place, you will have a record I-94, which serves as arrival/departure evidence. This record will prove that you entered the United States illegally. The record makes you eligible for the adjustment of status.

The immigrant visa is available to the spouse, unmarried children under 21 years of age, and the parents of military personnel. These persons can apply for an adjustment of status immediately. For other relationships, like the spouse or stepchildren of a U.S. citizen, the spouse or stepchildren might have to wait for an immigrant visa to be available. However, for family members of military personnel, the adjustment of status can be accessed immediately.

A Parole In Place Is Not a Cure For All

A PIP can help you navigate inadmissibility under INA §212(a)(6)(A)(i). However, it is not a cure for other forms of inadmissibility. You must be eligible to adjust your status based on different grounds of inadmissibility to benefit from a PIP.

The Process Of Obtaining A Green Card Through A Parole In Place

Obtaining parole is just the initial stage. It puts a qualifying family member in temporary status, giving them employment authorization and protection from deportation. After a PIP, an applicant must follow up with the application for permanent residence.

Step 1 - Confirming Eligibility

Immigrant spouses, children, and parents of United States military personnel, both veterans and active, could be eligible. The USCIS can approve PIP applicants who fall within the category outlined above on a discretionary basis. The PIP can be available for an immigrant who is physically present in the United States unlawfully/without inspection. The applicant must be the spouse, child, or parent to:

  • An active member of the United States military
  • A person in the Selected Reserve within the Ready Reserve
  • A person who served in the United States military
  • A former member of the Selected Reserve if the Ready Reserve

The applicant must not have a criminal record or other significant adverse factors.

However, even if you are a spouse, child, or parent to a person in the United States military, it is important to note that a PIP is not a guarantee. The government evaluates applications for PIP on a case-to-case basis.

A family member who entered the U.S. with a valid visa that has since expired is not eligible for PIP. Immediate relatives (spouses, children, or parents) of U.S. military personnel or veterans who have expired visas can adjust their status even after a visa overstay. These family members could also be eligible for deferred action alongside other family members who are not immediate relatives.

Step 2 - Applying For A Parole In Place

Applicants should submit a PIP application at the local USCIS field office with jurisdiction over their residence. The following people have a higher chance of approval:

  • No criminal history
  • Good moral character
  • Have no significant immigration violations

Applicants should include the following in their application package:

Cover Letter

The letter should be addressed to the USCIS local office director. The applicant should include bio-information about the service member or veteran, details of the service, and a relationship with the military member or veteran. Other details include the applicant's immigration status, any petitions filed, and how the applicant's immigration status might cause hardship to the military member or veteran.

Application For Travel Document - Form I-131

Applicants must also complete and submit Form I-131. This form does not have a section for "parole-in-place." Instead of checking the box provided in Part 2, applicants should hand-write Military PIP.

Proof Of Family Relationship With The Military Personnel

An applicant should attach a copy of the marriage certificate to prove a spousal relationship with the military member. Applicants can also attach other evidence to prove the bona fide nature of their marriage to the military personnel. This information can include photos, birthday certificates for their children, and receipts of joint payments with the military member.

The required documents to prove a parent or child relationship include a copy of the child's birth certificate or adoption decree if the child is adopted. A marriage certificate should be provided for a stepchild to prove a marriage relationship between the biological and stepparent. If the child was born out of wedlock, the applicant should provide documents to show that the child was legitimate. These documents can include proof of financial support, photographs, and other relevant documents.

What happens if the service member is dead? The surviving family members would have to provide documents to prove that they were residing in the United States when the service member died.

Evidence of Military Service

The applicant would also have to provide evidence of the service member's military service, like the service member's military identification card and deployment orders.

Evidence That The Service Member Is A U.S. Citizen Or Permanent Resident

To prove that the service member is a U.S. citizen, the applicant can provide a copy of the service member's birth certificate, unexpired U.S. passport, certificate of citizenship, naturalization certificate, or consular birth abroad report.

When proving permanent residence, the applicant can provide the service member's documents, such as a copy of the green card, an unexpired Form I-551 stamp on a passport, or Form I-797 showing that the service member was granted permanent residence.

Proof of Identity or Nationality

You can provide a copy of your birth certificate, passport, or government-issued identification, such as a license or identity card.

Passport Photos

Applicants should also submit two passport photos when submitting their application.

Evidence of Other Favorable Factors

Applicants should also submit any other information that the USCIS can consider relevant. This information can include:

  • Any commendations or awards that the military member has received
  • Certificates and awards received by the applicant
  • Enrollment in community service, education programs, or volunteer work
  • Participation in community or religious organizations
  • Applicant's character reference letters

Criminal Disposition If Relevant

If need be, you can also submit a criminal disposition. The disposition should be certified. You should seek the assistance of an experienced legal counsel when submitting the criminal disposition.

Last Entry Statement

Applicants might have to submit a statement of the place, approximate time, and circumstances of their most recent entry into the United States. Whether this statement is necessary will depend on the USCIS office that processes the application.

If a statement is in a foreign language, it should be accompanied by a certified English language translation.

After a PIP approval, the USCIS will grant the applicant temporary approval to stay in the United States, usually for one year. An applicant can extend this stay by submitting an additional PIP application. During the authorized PIP period, an applicant can apply for a work permit.

Step 3 - Applying For A Green Card

With an I-94 and parole in place, the foreign national can proceed with the application for adjustment of status if an immigrant visa is available. An immigrant visa is always available for immediate relatives, such as spouses, children, or parents of the military member. Family members who do not fit the above criteria will have to wait for an immigrant visa to be available.

Several documents must accompany the application for adjustment of status. The required documents will depend on the nature of the relationship with the military member. Applicants can find the necessary documents and evidence on the USCIS website.

The Processing Time For Parole In Place

For military families, the current parole processing time is four months. The USCIS grants parole for one year. When this period expires, the PIP period can be extended at the USCIS's discretion. The flexibility and possibility of extending a PIP are important because the green card process can take a significant period. Extension of a PIP ensures that an applicant is shielded from deportation during this time. PIP is a temporary solution to offer temporary protection and facilitate obtaining a green card.

A PIP is a discretionary process. Therefore, the process of granting or extending a PIP is purely discretionary. This means that the USCIS grants PIPs case-to-case basis and does not guarantee approval or extension.

After Submitting A PIP Application

Here is what you should expect after you submit a PIP application:

  • A receipt notice from USCIS
  • The USCIS will set and invite you to a biometrics appointment
  • The USCIS will commence the review process after you submit your biometrics
  • The USCIS will send a Request For Evidence if it requires additional information from you
  • You will receive a decision notice when the USCIS finishes reviewing your application
  • A PIP is granted for one year; if it expires, you must apply for a renewal of the PIP
  • If granted a PIP, you will qualify to apply for an adjustment of status

Due to the high number of applications and other factors, potential delays in the application process can occur. If your application is delayed more than expected, you can check its status online or contact the USCIS office for an update.

Whether You Can Travel Outside The United States With A PIP

A PIP does not give you the mandate to travel outside the United States. Your PIP status can be revoked if you travel outside the United States. You could face bans or other complications when you try to re-enter the United States.

Find an Experienced Immigration Attorney Near Me

Applying for parole in place can be confusing, especially if you do not know the process. The good news is that with the help of an experienced attorney, the process does not have to be complicated. At the Orange County Immigration Attorney, we have experienced attorneys who can guide you through the process. We have helped many family members of active and veteran military personnel apply for parole. We can do the same for you. Contact us at 714-909-0426 to speak to one of our attorneys.