CAN I GET STATUS IF I HAVE A FAMILY MEMBER IN
THE MILITARY?
PAROLE IN PLACE
USCIS may grant parole in place on a
case-by-case basis for urgent humanitarian reasons or significant public
benefit under section 212(d)(5)(A) of the INA. A person may be eligible for parole in place
in 1-year increments if they are the spouse, widow(er), parent, son or daughter
of:
- An active-duty
member of the U.S. armed forces;
- An individual in
the Selected Reserve of the Ready Reserve; or
- An individual
who (whether still living or deceased) previously served on active duty or
in the Selected Reserve of the Ready Reserve and was not dishonorably
discharged.
This primarily helps those who entered the U.S.
illegally. By applying for Parole in
Place (PIP), that immigrant is considered to have been “paroled” into the
country and therefore entered legally. This change of status opens the door for many
immigrants to apply for adjustment of status to permanent residence, especially
if they are married to a U.S. citizen.
If an immigrant entered the U.S. lawfully but
overstayed their visa (or are otherwise in the U.S. past their period of
authorized stay), they are not eligible for parole in place because they are
not an applicant for admission. However, an immigrant may qualify for deferred
action.
Background.
In
November 2014,, USCIS issued a policy memorandum which created the Parole in
Place program. "Parole of Spouses,
Children and Parents of Active Duty Members of the U.S. Armed Forces, the
Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed
Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on
Inadmissibility under Immigration and Nationality Act §
212(a)(6)(A)(i)". 1
The
memorandum directs that undocumented immigrants present in the United States
without having been admitted or paroled, and who are spouses, children, or
parents of military members, reservists, or veterans, will be entitled as a
class to "parole in place" — a quasi-legal status in the U.S. that opens
the door for them to adjust status in the U.S.
Adjustment of Status.
Parole in
Place allows a person to obtain permanent residence through adjustment of
status in the U.S., if they have a U.S. citizen spouse or a child over 21 years
of age. Normally, the immigrant would
need a pardon and the pardon procedure (I130/I601A/CP) requires the final step
outside the U.S. at the Consulate in the immigrant’s home country. Often
the person is not eligible for a pardon.
This Parole
in Place procedure greatly simplifies the procedure for permanent
residence. The applicant can do the entire process here and does not need a pardon.
************************************************************************
CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has
practiced law more than 25 years and has been recognized as one of the top
immigration lawyers in Northern California for 9 years by“Super Lawyers” www.SuperLawyers.com
. He graduated from University of California, Berkeley Law School
and was a former counsel for the U.S. Department of Justice in Washington
D.C. His firm has offices in San Francisco, Los Angeles and six
other locations in California. WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
