The Military Parole in Place Program

Immediate Relatives of Armed Services Members (Active and Veterans) May Be Eligible for Adjustment of Status Despite Illegal Entry Into The United States     

The Military Parole in Place program has been in effect for many years, initially targeting family members of active-duty armed forces personnel, selected reserve, and ready reserve. As of November 2013, the program was expanded to include veterans as well. The expansion recognizes the stress and anxiety that military families face due to the immigration status of their loved ones and aims to keep families united.

Eligibility:

1. Immediate Family Members: The program covers spouses, children, and parents of active-duty military members, veterans, and individuals in the selected reserve or ready reserve.
2. Military Personnel: The sponsoring family member must be an active-duty member of the U.S. Armed Forces, a veteran, or a member of the U.S. military reserves.

Benefits:

• Parole Status: Eligible individuals can receive "parole" status, allowing them to stay legally in the U.S. while their immigration status is adjusted.
• Path to Legal Permanent Residency: This status enables the individual to apply for adjustment of status (i.e., a green card) without having to leave the U.S., which is crucial for those who entered the country illegally.
• Avoiding Extreme Hardship Waivers: The program helps individuals avoid the I-601 or I-601A extreme hardship waiver process, which can be more costly and require travel to their home country for consular processing.

Process:

1. Application: To apply for parole in place, the family member must submit a request to U.S. Citizenship and Immigration Services (USCIS), demonstrating their relationship to the military personnel and their current undocumented status.
2. Review: USCIS evaluates the request, taking into account the familial relationship, the individual's undocumented status, and any humanitarian concerns.
3. Approval: If granted parole, the individual remains in the U.S. legally and can apply for adjustment of status to become a lawful permanent resident.
4. Adjustment of Status Application: With parole status, the individual may apply for a green card, provided they meet other eligibility criteria. Prior deportation orders or outstanding deportation orders will generally make an otherwise eligible candidate ineligible.

Notable Points:

• Impact of Expansion: The 2013 expansion to include veterans recognizes the commitment to support veterans and their families, reducing the stress related to immigration status for families of those who have served.
• Discretionary Relief: Parole in place is granted at USCIS's discretion and is generally considered appropriate unless there are serious adverse factors, such as criminal convictions.

For those who are undocumented and have a family member who is an active-duty military member or a veteran, the Military Parole in Place program offers a valuable opportunity to remain in the U.S. legally and pursue permanent residency. If you believe you might be eligible, consulting with an immigration attorney, such as those at Nelson & Nuñez, is advisable. They can provide a confidential consultation to assess your situation and guide you through the complex process.

How Nelson & Nuñez, P.C. Can Help