INA 212(d)(5)(A) gives the Secretary of Homeland Security the discretion to parole for "urgent humanitarian reasons or significant public benefit" any alien applying for admission to the United States. On November 15, 2013, USCIS issued guidance to ensure the consistent adjudication of parole requests made on behalf of non-citizens who are present without admission or parole and who are spouses, children, and parents of those who are serving or have served in the US military.
We recently received an approval for an MPIP case from Las Vegas. Although USCIS is not required to interview all MPIP cases, the Las Vegas office called for an interview so John Nelson flew to Nevada to attend. The USCIS officer conducted a thorough interview which lasted over an hour in order to better understand our clients' full story. Our clients explained that they met while working together in 2004. In 2010, the husband (US citizen) joined the National Guard - part of the reserve component of the US Armed Forces. In 2013, the couple purchased a house in Las Vegas.
During the interview, John Nelson explained that the couple would experience extreme hardship if forced to process the case through the US consulate in Mexico. Under Matter of Anderson, a 1978 BIA case, the relevant factors to consider when deciding extreme hardship include: the age of the subject, length of residence in the US; family ties in the US and abroad; financial status; the qualifying relative's position in the community; the economic and political condition in the country to which the alien is returnable; and the possibility of other means of adjustment.
John referenced other BIA precedent decisions such as Matter of O-J-O while explaining the extreme hardship factors involved. Finally, the USCIS officer agreed to grant the MPIP.
If you are an alien who is currently married or otherwise related to someone who is serving or has served in the US military, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez and John Nelson will personally meet with you to help you better understand your situation and the options available to you.
We recently received an approval for an MPIP case from Las Vegas. Although USCIS is not required to interview all MPIP cases, the Las Vegas office called for an interview so John Nelson flew to Nevada to attend. The USCIS officer conducted a thorough interview which lasted over an hour in order to better understand our clients' full story. Our clients explained that they met while working together in 2004. In 2010, the husband (US citizen) joined the National Guard - part of the reserve component of the US Armed Forces. In 2013, the couple purchased a house in Las Vegas.
During the interview, John Nelson explained that the couple would experience extreme hardship if forced to process the case through the US consulate in Mexico. Under Matter of Anderson, a 1978 BIA case, the relevant factors to consider when deciding extreme hardship include: the age of the subject, length of residence in the US; family ties in the US and abroad; financial status; the qualifying relative's position in the community; the economic and political condition in the country to which the alien is returnable; and the possibility of other means of adjustment.
John referenced other BIA precedent decisions such as Matter of O-J-O while explaining the extreme hardship factors involved. Finally, the USCIS officer agreed to grant the MPIP.
If you are an alien who is currently married or otherwise related to someone who is serving or has served in the US military, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez and John Nelson will personally meet with you to help you better understand your situation and the options available to you.
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