For years the MPIP program was limited to active duty armed forces, selected reserve and ready reserve; however, in November 2013 the program was expanded to veterans as well. The USCIS memo states that “our veterans, who have served and sacrificed for our nation, can face stress and anxiety because of the immigration status of their family members in the United States. We as a nation have made a commitment to our veterans, to support and care for them. It is a commitment that begins at enlistment, and continues as they become veterans.”
This is a huge change that could effect many undocumented aliens. If you entered the US illegally and your parent, child or spouse is a veteran of the armed forces, selected reserve or ready reserve, you might be eligible to adjust status to lawful permanent resident (assuming you are otherwise eligible for a green card). “Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual.”
The parole in place program can help an alien avoid the I-601 or I-601A extreme hardship waiver process which can be more expensive and require travel to the alien’s home country for consular processing. If you are in the US illegally and are married to an active duty or veteran armed forces member, or if your son or daughter is an active duty or veteran armed forces member, contact Nelson & Nuñez to discuss the possibility of parole in place and adjustment of status. The process is complicated and we will need more information before we can assess your eligibility, but Nelson & Nuñez will meet with you during a confidential one-on-one consultation to evaluate your position.
Categories: 245i, adjustment of status, I-485, i-601, immigration lawyer, marriage, Military, military parole in place, spouse, waiver