You are currently viewing Military parole in place

The Military Parole in Place (PIP) program reflects the U. S. government’s commitment to the military. Therefore, it recognizes the importance of their sacrifices in the service of the country.

PIP has certain unique features, compared to other programs. For example, being able to obtain lawful permanent residence without having to leave the country and go through consular processing.

In this blog you will learn everything you need to know about Military Parole in Place.

What Is Parole In Place?

Parole in Place (PIP), allows a foreign national who entered the United States without the authorization of an immigration officer, to stay for a certain period of time. 

Parole in Place is granted for urgent humanitarian reasons or for a significant public benefit.

This program is considered legal immigration status for certain immigration benefits. For example, it gives the possibility of obtaining a Green Card

how to apply for military parole in place

What Does Military Parole In Place Allow?

If Parole in Place is approved for foreigners who entered the U. S. illegally, it will have the following implications for them since they:

  • Will not accumulate unlawful presence in the country for a certain period of time.
  • Will have the possibility of requesting an immigration benefit that requires legal entry.
  • May apply for an employment permit through Form I-765, Application for Employment Authorization for a specific period of time.

Most undocumented aliens try to get a job in the United States illegally, but this is not allowed.

PIP only waives illegal entry into the U. S. and other grounds for being denied entry remain in effect. If aliens are inadmissible for other reasons, then the PIP benefit will not help them.

Parole In Place (PIP) In 2024 For Certain Military And Veteran Families

Parole in Place authorizes parents, children or the spouse of a military member or veteran to obtain lawful immigration status in the United States. Once this permit is approved, the beneficiary cannot be deported, but the benefit must be renewed each year.

military parole in place for relatives

It should be noted that Parole in Place does not lead to any immigration status or other immigration relief. Even so, after receiving it, the beneficiary can apply for a work permit and even obtain a Green Card.

Due to its unique feature of allowing lawful permanent residence, this differentiates it from other temporary residence permits. For example, the new process for Venezuelans.

Parole In Place Program Timeline

  1. The program was established in 2010.
  2. It received updates in 2013 and 2016.
  3. In 2017, the Trump administration tried to limit the program without success.
  4. In 2019, certain senators expressed support for the program, highlighting its importance to military families.
  5. Since 2020, under the Biden administration, there have been no changes.

Benefits Of Parole In Place

One of the most notable advantages of Parole in Place is that it provides protection against deportation in the United States. Although there are other immigration reliefs that seek to stop removal proceedings, this usually brings certain unique benefits.

Among them, family members of military personnel can obtain authorization to:

  • Stay legally in the country, 
  • Work in the United States, and 
  • Apply for the Green Card.

Unlike common immigration restrictions, PIP allows beneficiaries to avoid 3- and 10-year bars. Additionally, they have the option of adjusting status.

cancellation of removal

Other immigration relief that can help you are cancellation of removal and stay of deportation. Discover its benefits on our blog.

Who May Be Eligible For Parole In Place In 2024?

Parole in Place eligibility requirements are only available to spouses, widows, parents, and children of a U. S. military member. Additionally, the military member’s relative must be living in the U. S. without a lawful entry.

If you meet these requirements, your military relative in the U. S. must be a:

  • Member of the U. S. Army Reserve or National Guard,
  • Active member of the United States Armed Forces, or
  • Military veteran (if deceased, this should not have been dishonorably discharged).

Apart from this, USCIS will check the criminal records of each applicant.

Frequently, immigration laws tend to intersect with criminal laws, when this occurs, it is known as: “ Crimmigration.” Explore more on the topic in our blog.

Who Is Not Eligible To Apply For Parole In Place?

Although the PIP does not affect any grounds of inadmissibility under the 212 immigration waiver, it is unlikely that you will qualify if you have a criminal conviction. 

As if that were not enough, Parole in Place is not available to applicants who entered the United States legally. In other words, if you enter the country on a tourist visa and then overstay, you will not qualify for the program. 

Even so, it is possible to resort to Deferred Action in these cases. For more information on this topic, check our blog on the requirements to apply for DACA.

What Happens If I Have A Criminal Conviction?

Foreign nationals who have criminal convictions should consult with our attorneys about the possibility of post-conviction relief for immigration purposes

How To Apply For Parole In Place?

To apply for Parole in Place, the foreigner must submit the following documents to one of the USCIS offices:

  • Form I-131, Application for Completed Travel Document (no filing fee required). You must write “Military PIP” in part 2 instead of checking a box.
  • Evidence of the family relationship such as:
    • Marriage certificate.
    • Documents that evidence the completion of a previous marriage.
    • Child’s birth certificate.
    • Military birth certificate that includes the name of the father or mother.
    • Evidence of enrollment in the Defense Enlistment Eligibility Reporting System (DEERS).
  • Proof that the family member is a current or former member of the U. S. Armed Forces. For example, a photocopy of the DD-214 form.
  • Parents of current or former members of the U. S. Armed Forces must provide evidence of their military service to support their application.
  • Two identical passport-type color photographs.
  • Evidence of any additional favorable factors you want USCIS to consider. 

Once the application is approved, PIP beneficiaries can apply for a Green Card or work authorization.

Those whose qualifying relative is an American citizen can adjust their status immediately. If the qualifying relative is a lawful permanent resident, they must wait for an immigrant visa to become available.  

Can Other Family Members Request It?

Generally, Parole in Place can only be used for the U. S. service member’s spouse, parents, and unmarried children under age 21. 

In some cases, the widow of a United States military member can apply for Parole in Place too.

american soldier reunited with his family

How To Apply For The Green Card For Parole In Place? 

If your Parole in Place application is approved, you will get a valid Form I-94 and be considered “inspected and admitted or paroled.” Consequently, this implies that you can obtain lawful permanent residence without leaving the U. S.

But to do this, you must:

  • File Form I-130, petition for foreign relative.
  • Complete Form I-485, Application for Adjustment of Status.
  • Provide Form I-864, Affidavit of Support.
  • Provide Form G-325A, biographical information, for both the U. S. citizen petitioner and the Parole in Place applicant.
  • Complete the required medical examination using Form I-693.

The adjustment of status application package will include various supporting documents. Such a list will depend on the type of relationship and the specific answers provided on the forms.

How Long Does It Take To Apply For Parole In Place?

The processing time to request the Parole in Place program is approximately 4 or 5 months. You can find information about this on the USCIS Historical National Average Processing Time page. 

During this time, you will be notified to attend a biometrics appointment. There, your fingerprints and other information necessary to complete the process will be taken.

How Long Will Parole In Place Be Valid?

Parole in Place is generally valid for one year, but has one-year increments as appropriate.

Can I Apply For Parole In Place If I Am In Deportation Proceedings?

Initially, yes, but you will have to convince the U. S. Immigration and Customs Enforcement Service (ICE) to end your deportation process. You can also file a motion to reopen with the immigration court

That said, Parole in Place can help a military member’s relatives avoid deportation proceedings. But, they will need the advice of a good immigration attorney, like one of ours.

Will USCIS Grant Parole In Place To Everyone Who Applies?

No, Parole in Place is not guaranteed. This is because it is a discretionary policy and USCIS will review applications one by one. 

It is key to have a solid case with sufficient evidence to support the request. 

How Much Does It Cost To Apply For A Parole In Place Permit In 2024?

There is no fee to apply for a Parole in Place program. However, if approved, the applicant becomes eligible to obtain other documents with their respective fees.

It is worth noting that on April 1, 2024, USCIS increased the fees for certain application forms. 

For example, today you would already pay $520 for an employment authorization (EAD) that previously would have cost you $520. A considerable increase of 27%.

immigration lawyers in new jersey

For more information regarding the cost of the forms or the Parole in Place process in general, do not hesitate to contact us. Our immigration lawyers in NJ have over 10 years experience serving immigrants. 

Deferred Action And Other Immigration Reliefs For U. S. Military Personnel

Deferred Action

Deferred Action for military family members is defined as: “a form of procedural discretion to defer deportation for a certain period of time.”

This action is available to spouses, widows, parents or children of military members, except those who have been dishonorably discharged. 

Deferred Action is granted in two-year increments, allowing recipients to apply for work authorization. However, it does not provide a path to legal permanent residence or to get U. S. citizenship.

How To Request Deferred Action?

To request deferred action, you will need to provide the following documentation:

  • An explanatory letter detailing the basis for the deferred action request.
  • Copy of DD Form 4, enlistment/reenlistment document.
  • Evidence of other factors supporting the request for favorable discretion for deferred action.
  • Proof of family relationship.
  • Proof of identity and nationality.
  • If applicable, any document used by the foreign citizen to legally enter the United States.
  • Form G-325A.
  • Two identical passport-type color photos.

Since 2023, you must submit this written, signed request indicating the basis for deferred action by mail to: USCIS, Attn: Deferred Action, 10, Application Way Montclair, CA 91763-1350

Immigrant Veterans And Military Members Initiative (IMMVI)

The IMMVI is another form of temporary residence permit available to non-citizens on active duty or former armed forces personnel. It is also available to certain family members. 

This initiative allows beneficiaries who are outside the United States to attempt entry to:

  • Take advantage of U. S. legal systems and advice, and 
  • Access certain veteran benefits.

Likewise, non-citizen military service members may be eligible for naturalization under special provisions of the INA.

How To Apply For Temporary Residence Permit Based On IMMVI?

To request it, you must submit the following documentation:

  • Form I-131 duly completed and signed. No filing fee is required. But you need to handwrite “IMMVI” at the top of the form and select 1e or 1f in Part 2.
  • Form I-134, Affidavit of Support, also completed and signed.
  • Documentation verifying military service, such as Form DD214, Form NGB 22, or other document.
  • Evidence supporting urgent humanitarian reasons or significant public benefit.
  • Evidence of any discretionary favorable factors that you wish to be considered in your application.

Family members must submit the same documents, along with a document that shows their family relationship with the military member.

Filipino World War II Veterans Parole Program (FWVP)

Since 2016, certain Filipinos who are World War II veterans can apply for parole for certain family members. 

This also applies to your spouses, as long as they are American citizens or lawful permanent residents.

You can get more information about this program on the official USCIS website.

Legal Assistance For Military Parole In Place Process In The United States

This entire process can be complex, especially if one is not familiar with immigration matters. To speed up processing and increase the chances of success, our Latina attorney Carolina Curbelo and attorney Sharon Lieberman can help you. 

Our experienced lawyers speak Spanish and English as does the entire paralegal team. Whatever your immigration query, do not hesitate to contact us today through our form or phone. 

You can also schedule your consultation at our Ridgewood, NJ office where we serve clients from all over the country and many parts of the world.