U.S. Citizenship and Immigration Services (USCIS) announced on Friday November 15, 2013, that they will begin offering "parole in place" to active duty military, reserve and veteran family members (spouses, children and parents) who are undocumented. USCIS has done this for active duty spouses for some time but have expanded it to additional family members and to veterans as well as active duty. This will offer protection from deportation for family members without a criminal conviction or other adverse factors and a path to obtaining permanent residence without leaving the U.S. for some.
What is Parole in Place?
Parole is most frequently used to permit an alien who is outside the U.S. to come into the U.S. Parole in Place may be granted to an alien who is already physically present in the U.S. without inspection or admission.
Who is eligible to apply for Parole in Place under this new policy?
- Unmarried children under 21
- Active duty members of the U.S. Armed Forces
- Individuals in the Selected Reserve of the Ready Reserve
- Individual who perviously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve
WHO DO NOT HAVE
- A criminal conviction
- Other serious adverse factors
What are the benefits of receiving Parole in Place?
- Eligible relatives of an active duty military, reserve or veteran who is a U.S. citizen who receive parole in place may be eligible to apply for adjustment of status to permanent resident without leaving the U.S.
- This is a particularly important benefit for parents of U.S. citizens who would not be eligible for a waiver of unlawful presence if they leave the U.S. to apply for permanent residence at a consulate.
- Eligible relatives of lawful permanent resident military members or veterans will be eligible for parole status in increments of one (1) year which will provide protection from deportation or removal and the opportunity to apply for employment authorization.
What are the risks of filing for Parole in Place?
Because filing for an immigration benefit involves coming forward and giving information to USCIS, there is always a risk involved. Anyone with a criminal record or adverse factors, for example, former gang membership or prior deportations, should consult an attorney before applying. Additionally, this program could be discontinued by the next administration.
What should I do if I think I am eligible for Parole in Place?
Consult an immigation attorney or BIA accredited representative to determine if you are eligible to apply and for assistance in filing the proper documents.