Parole in Place for Military Families in the U.S.

The U.S. government recognizes the significant sacrifices made by Armed Forces members, veterans, newly enlisted personnel, and their families. Discretionary options such as Parole in Place (temporary permission to remain in the country) are available to support them.

What is Parole in Place?

Parole in Place (PIP) is an immigration program in the United States specifically designed for certain family members of active-duty service members, veterans, and reservists. This benefit allows family members who entered the country without inspection or illegally to obtain temporary status, enabling them to regularize their immigration situation without leaving the country.

The program aims to reduce the stress and distraction active-duty service members may experience due to family immigration issues, allowing them to focus on their duties without worrying about their loved ones’ legal status.

Who Can Apply?

To be eligible for Parole in Place, you must be the spouse, parent, or unmarried child under 21 years old of an active-duty member of the U.S. Armed Forces, a veteran who served in the U.S. military, a member of the Selected Reserve of the Armed Forces, or someone (living or deceased) who previously served in active duty or the Selected Reserve of the U.S. Armed Forces.

It is important to note that Parole in Place can only be granted to individuals who are present without being admitted and, therefore, request permission for admission. If you entered the U.S. legally but overstayed your visa or remained beyond your authorized period, you are not eligible for Parole in Place, as you are not seeking admission. However, you may qualify for deferred action.

How to Apply for Parole in Place

Applications must be submitted to the USCIS office with jurisdiction over your residence. Many military families are stationed away from their permanent residence so that you may file your petition at the office with jurisdiction over either location.

Here is a general guide for applying for Parole in Place:

1. Complete Form I-131 (Application for Travel Document): No filing fee is required for this form. In Part 2, write “Military PIP” instead of checking a box.

2. Provide Evidence of Family Relationship: Gather and submit all relevant documents showing your relationship with the military member, such as a marriage certificate, documentation of the termination of a previous marriage (if divorced), the child’s birth certificate, and the military member’s birth certificate showing the parent’s name.

3. Proof of Enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).

4. Evidence of Your Family Member’s Military Service: You can submit a photocopy of the front and back of the military member’s ID card or Form DD-214.

5. For Parents of Current or Former Military Members: Provide evidence of their current or previous military service to support the application.

6. Two Identical Color Passport-Style Photographs.

7. Additional Favorable Evidence: You may include a letter of support from the service member explaining why it is essential for the family member to receive Parole in Place.

8. Wait for the Decision: Once the application is submitted, USCIS will review the documents and decide. If approved, the beneficiary will receive notification and be granted Parole status.

While under Parole in Place status, the beneficiary enjoys benefits such as protection from deportation. They may also be able to adjust their status to permanent residency and access certain benefits and services, including work permits.

Before applying, it is essential to assess eligibility, as not all family members qualify, and restrictions may limit who can benefit. Many of these processes can be complex and require extensive and precise documentation.

In conclusion, Parole in Place is valuable for military families facing immigration challenges in the United States. It provides temporary relief and the opportunity to adjust immigration status without having to leave the country. However, due to the complexity of the process, it is essential to seek the assistance of an immigration attorney, such as those at Oasis Legal Group, to ensure a successful application and a smoother transition to immigration stability.

Frequently Asked Questions:

Does Parole in Place guarantee permanent residency?

No, PIP does not guarantee permanent residency. However, it can facilitate adjusting status to permanent residency if the beneficiary meets other requirements.

Can I work legally with Parole in Place?

PIP beneficiaries can apply for work authorization by submitting Form I-765 (Application for Employment Authorization).

What happens if my Parole in Place application is denied?

If your application is denied, seeking legal advice is essential to understand your options. PIP is a discretionary measure, so each case is evaluated individually.

How long does Parole in Place last?

PIP is typically granted for one year but can be renewed as long as the military sponsor maintains its status.

Where can I get more information or assistance applying for a Parole in Place position?

For more information and assistance, consult an immigration attorney, such as those at Oasis Legal Group, or visit the official USCIS website.