The federal government may be eliminating soon deportation protections for immediate family members of active duty or veteran members of the U.S. Armed Forces or the Selected Reserve of the Ready Reserve. Memos are circulating around Homeland Security and Defense Department personnel about ending military parole in place.
What is Military Parole in Place?
Section 212(d)(5)(A) of the Immigration and Nationality Act (INS) gives the Secretary, the discretion, on a case-by-case basis, to “parole” for “urgent humanitarian reasons or significant public benefits” a non-citizen applying for admission to the US. While this is frequently used to permit a non citizen outside the U.S. to come into the U.S., parole may also be granted to non-citizens who are already physically present in the US without inspections or admission. This latter use of parole is called “parole in place.”
On November 15, 2013, a policy memorandum was issued by the Obama Administration to allow spouses, children and parents of active duty or veteran members of the US Armed Forces or the Selected Reserve of the Ready Reserve to remain in the US and potentially adjust status to obtain permanent residency (green card) from within the US. That same day, on November 15, 2013, USCIS issued a policy memorandum stating that Military Parole in Place should be granted to certain family members of active duty members of the US Armed Forces. USCIS states in their memo that the fact that the individual is a spouse, child or parent of an active member of the U.S. Armed Forces ordinarily weighs heavily in favor of Military Parole in Place. “Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual.”
While Parole-in-Place is not a new concept in immigration, the USCIS memo states that if filed by a military family it should generally be considered favorably in the absence of criminal convictions or other adverse factor. Military Parole in Place is granted on a case-by-case basis and is purely discretionary. If USCIS grants Parole-in-Place, it is valid for a year and its renewable.
Eligibility for Military Parole in Place
You may be eligible for parole in place if you entered the U.S. without inspections or admission, and 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.
Benefits of Military Parole in Place for Undocumented Immigrants
The benefits of Parole-in-Place is that once it is approved, the Beneficiary stops accruing unlawful presence, may apply for work authorization, and may be able to apply for a green card. It is essentially a fast-track to permanent residency for undocumented individuals who are family members of the military force.
Contact a Chicago Immigration Attorney for your Military Parole in Place
As mentioned above, this protection may be ending soon. This may be your last opportunity in applying for military parole in place and be protected from deportation.
If you believe that you are eligible for military parole in place, please contact Cipolla Law Group immediately. We are a full service immigration law firm located in downtown Chicago. Our immigration attorneys have over 28 years of collective experience helping immigrants to live and work in the US legally.