The United States government recognizes the importance of the American military and its sacrifices in the service of the country. For this reason, the government provides support through exclusive programs such as Military Parole in Place (PIP).
In general terms, if a foreigner national enters the US illegally, they become ineligible for an immigrant visa. In addition, these individuals are often required to leave the US for consular processing. However, leaving the country after entering illegally is a risk as they can trigger the 3 or 10 year bars.
Certain national foreigners eligible for this permit can apply for a Green Card without the need to leave the country. In this article we will describe what Parole in Place is and everything you need to know nowadays.
In addition, our immigration lawyers in New Jersey can help you throughout the process and procedure.
What Is Military Parole In Place?
Parole in Place (PIP), allows a national foreigner 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 relevant public benefit.
This permission is considered legal immigration status for certain immigration benefits. For example, it gives the possibility of getting a Green Card. However, this permit does not excuse any period of illegal presence in the country outside of the Military Parole in Place period.
What Does Military Parole In Place Grant?
If Parole in Place is approved for aliens who entered the US illegally, it will have the following implications for them:
- They will not accumulate illegal presence in the country for a certain period of time.
- They will have the possibility to apply for an immigration benefit that requires legal entry.
- Lastly, they will be able to apply for employment authorization through Form I-765, Application for Employment Authorization for a specified period of time.
Most undocumented aliens try to get a job in the United States by being illegal, but this is not allowed. We invite you to learn more about this topic in our article.
Considerations To Take Into Account
National foreigners who hope to obtain a temporary residence permit in the country should know that the PIP only exempts them from illegal entry into the US. However, other reasons for which they can be denied entry to the US remain in force.
If aliens are inadmissible for other reasons, then the PIP benefit will not help them.
Parole In Place (PIP) In 2022 For The Family Of Certain Military And Veterans
Parole in Place is a process by which undocumented immediate family members of US military or veterans can avoid deportation from the United States. Once this permit is approved, the beneficiary cannot be deported, but the benefit must be renewed each year.
Beneficiaries also have the opportunity to adjust status within the US and become a permanent resident, as long as they have an immediate family member who is a US citizen.
Over the years, permanent residents of the United States may become eligible to apply for the process to get US citizenship. Detailed information about the citizenship process can be found in our blog article.
Who Is Eligible To Apply For Military Parole In Place?
In order to apply for Parole in Place in the United States, the national foreigner must be an immediate relative of a US citizen. These might be:
- Unmarried children under 21 years of age.
The US citizen family member must be:
- An active duty member in the United States Armed Forces.
- An individual in the Selected Reserve of the Ready Reserve.
- Or an individual (living or deceased) who previously served on active duty in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
Who Is Not Eligible To Apply For Parole In Place?
This residence permit can only be granted to individuals who are present without having been admitted. If the alien entered the US legally, but overstayed their visa, they may not be eligible to apply for Parole in Place. However, it is possible that she may be eligible for deferred action.
In our article on staying in the US on a tourist visa, we discuss the risks of extending your stay without a valid visa.
How To Apply For Military Parole In Place?
To apply for Parole in Place, the national foreigner must submit the following documents to one of the USCIS offices:
- Completed Form I-13 , Application for Travel Document (filing fee not required). Also, “Military PIP” should be written in part 2 instead of checking a box.
- Evidence of the family relationship. These can be:
- Marriage certificate.
- Documents evidencing a termination of a previous marriage.
- Child’s birth certificate.
- Military birth certificate where the name of the father or mother is included.
- Evidence of enrollment in the Defense Enlistment Eligibility Reporting System (DEERS).
- Proof that the family member is a current or former member of the US Armed Forces. This can be evidenced by a photocopy of the front and back of the military’s Military Identification Card or Form DD-214.
- For parents of current or former military members of the US Armed Forces, you must provide evidence of your current or past military service to support your application.
- Two identical passport-style color photographs.
- Evidence of any additional favorable factors that you want USCIS to consider.
Can I Apply For Parole In Place If I Am In Removal Or Deportation Proceedings?
Aliens who are in removal proceedings or who have received a final order of removal can still obtain a Parole in Place. However, the alien must persuade Immigration and Customs Enforcement (ICE) to end such removal proceedings or to include a motion to reopen a case in immigration court.
We recommend that you contact our immigration office for assistance in this process.
Deferred action is a discretionary decision to postpone the removal of an alien from the US for a specified period of time. It does not provide legal status and does not excuse any periods of unlawful presence outside of the designated period.
For those aliens subject to removal who are not eligible for Parole in Place or lawful status, deferred action would allow them to remain in the US temporarily. If approved, the national foreigner:
- Will be considered lawfully present in the US by the Department of Homeland Security (DHS) for a specified period of time.
- You can apply for a work permit for a specific time if there is a financial need.
Who Is Eligible For Deferred Action?
Aliens may be eligible for deferred action in two-year increments if they are the spouse, parent, or child of a:
- Active member of the US Armed Forces
- Individual in the Selected Reserve of the Ready Reserve;
- Individual (living or deceased) who previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
Additionally, Military Accessions Vital to the National Interest program enlistees in the Department of Defense Delayed Entry Program (DEP) may be eligible for deferred action. Spouses, parents, or children of new DEP recruits may also be eligible.
How To Request Deferred Action
To request deferred action, the alien must submit the following documents at a USCIS office:
- Letter explaining the basis for the request for deferred action.
- Copy of DD Form 4.
- Evidence of other factors that support the exercise of favorable discretion by way of deferred action.
- Proof of family relationship if the application is based on a family relationship with the military, veteran, or recruit. This could be:
- Marriage certificates.
- Documents evidencing the termination of a previous marriage.
- Birth certificate of the child.
- Military birth certificate where the name of the parents is included.
- Proof of enrollment in DEERS.
- Proof of US residency at the time of the relative’s death (if surviving relative).
- Proof of identity and nationality.
- If applicable, any document the alien used to legally enter the US.
- Form G-325A, biographical information.
- Two identical color passport photos.
Immigrant Veterans And Military Members Initiative (IMMVI)
DHS will accept and consider requests for temporary stay permits under section 212(d)(5) of the INA for:
- Certain foreign members and former members of the military service.
- Eligible family members of members and former members of the military outside the US.
In this way, they can apply to enter the US to better take advantage of legal advice and other US systems, as well as gain access to some veterans benefits.
IMMVI-based petitions for current or former U.S. military service members are:
- Exempt from paying the filing fees for the initial Form I-131 and Form I-765 (once Parole is granted in the US).
- Awarded by immigration officers who have obtained specialized training developed in conjunction with the Department of Veterans Affairs.
- Processed automatically with an expedited procedure.
How To Request The IMMVI?
To apply for the IMMVI, the petitioner must submit:
- Completed and signed Form I-131 (filing fee not required). You must write “IMMVI” by hand at the top of the form and select 1e or 1f in part 2.
- Completed and signed Form I-134, Affidavit of Support.
- Documents showing military service, such as:
- Certificate of Separation or Discharge from Active Service (Form DD214).
- National Guard Service Registration and Separation Report (form NGB 22).
- Any other official document of service or separation from service.
- Evidence of urgent humanitarian reasons or relevant public benefit.
- Evidence of any favorable discretionary factors that you want USCIS to consider.
Addresses To Send The Request
For US Postal Service deliveries should be sent to:
Attn: HP IMMVI
PO Box 660865
Dallas, TX 75266-0865
For courier deliveries by UPS, FedEx and DHL:
Attn: HP IMMVI (Box 660865)
2501 S. State Hwy. 121 Business
Lewisville, TX 75067-8003
Filipino World War II Veterans Parole Program (FWVP)
Certain Filipinos who are World War II veterans and their US citizen or resident spouses may apply for parole for certain family members.
You can get more information about this program on the official USCIS website.
Frequently Asked Questions About Military Parole In Place
The processing time to apply for Parole in Place is approximately 4 or 5 months. You can get information about this on the USCIS National Historical Median Processing Time page.
Aliens with inadmissible criminal convictions or any other adverse factors should consult with an attorney about the possibility of post-conviction relief for immigration purposes, a US waiver of inadmissibility, or other immigration relief.
There is no fee to apply for the PIP.
The PIP is authorized in one-year increments as appropriate.
USCIS may or may not require an in-person interview. If an interview is required, it will generally be brief. However, if USCIS feels the need to obtain more information, the interviews may be extended.
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 law. To speed up the processing and increase the chances of success, our lawyer Carolina de Curbelo Law can help you.
The firm has a track record of success in its more than 10 years of existence helping hundreds of foreign nationals with US immigration law.