Parole-in-Place: A Tool for Protecting Undocumented Family Members of Qualifying Military Personnel

In the realm of immigration law, parole-in-place can be a crucial mechanism for safeguarding undocumented family members of qualifying military personnel. Designed to provide temporary protection, parole-in-place offers an opportunity for individuals to adjust their immigration status, and if granted, effectively waive their unlawful entry for the purposes of seeking Adjustment of Status. In this blog post, we will explore the concept of parole-in-place, its eligibility requirements, validity period, access to work authorization, and an important note about the renewal process.

UNDERSTANDING PAROLE-IN-PLACE

Parole-in-place is a discretionary measure introduced by the U.S. Citizenship and Immigration Services (USCIS) to alleviate the immigration concerns of undocumented family members, specifically those who are spouses, parents, or children of qualifying military personnel. It grants them temporary permission to remain in the United States and serves as a legal entry for the purpose of applying for Adjustment of Status.

A. Waiver of Unlawful Entry

One key aspect to note is that parole-in-place specifically waives the undocumented family member’s unlawful entry for the purpose of seeking Adjustment of Status. It allows individuals to overcome the barrier that unauthorized entry typically poses when applying for permanent residency; however, the family member must still meet the remaining eligibility requirements for Adjustment of Status.

ELIGIBILITY REQUIREMENTS

To be eligible for parole-in-place, the following criteria must be met:

The individual applying for parole-in-place is an immediate family member (spouse, parent, or child) of a qualifying military member;
The individual applying for parole-in-place was not previously admitted (i.e., they cannot have a lawful entry at an airport or port of entry);
The qualifying military member must be currently serving in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve, or have been previously enlisted; and

The qualifying military member's service must not have been dishonorably discharged.

The individual applying for parole-in-place must not have a criminal record or pose a threat to national security.

VALIDITY PERIOD

Parole-in-place is typically granted for a period of one year with renewals available (in the discretion of USCIS) in one year increments. During this time, the family member can remain in the United States without the fear of immediate deportation.

WORK AUTHORIZATION

Under parole-in-place, individuals may also be eligible to apply for work authorization; however, you cannot actually apply for a work permit until after the parole-in-place application is approved. Once approved, the family member can legally seek employment in the United States, helping to secure their livelihood and contribute to their families and communities.

IMPORTANT NOTE ON RENEWAL APPLICATIONS

When seeking the renewal of parole-in-place, it is crucial (and often required, depending on your local field office) to provide evidence that an I-130 petition, Petition for Alien Relative (i.e., an immigrant petition), has been filed by the qualifying military member on behalf of their family member. This demonstrates an ongoing commitment to pursuing lawful permanent residency in the United States. Without evidence of this submission, it is likely that the renewal application will be denied.

Parole-in-place stands as a vital tool for protecting undocumented family members of qualifying military personnel. By granting temporary permission to remain in the United States and waiving an unlawful entry for the purpose of Adjustment of Status, it offers a pathway for these individuals to seek legal permanent residency.

If you have any questions about parole-in-place or want to inquire about you or your family member’s eligibility, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.