Parole In Place for Active Military, Veterans and Reservist Families
On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS)
issued a memorandum stating that, generally, it would be an appropriate
exercise of discretion to grant "parole in place" to the spouses,
children, and parents of active duty military personnel, reserve members,
and veterans, who are already physically present in the United States
without inspection or admission. The policy is intended to ease the stress
and anxiety placed upon military service members and veterans that is
caused by the lack of immigration status of their close family members
in the United States.
Who Is Eligible for Parole in Place?
The decision to grant parole in place is discretionary under Immigration
and Nationality Act. The Parole in Place grant is within the discretion
of the local USCIS Field Office Director. The November 15, 2013, parole
memo states that the fact that an individual is a spouse, child, or parent
of an active duty member of the U.S. Armed Forces, member of the Selected
Reserve of the Ready Reserve, or veteran who previously served in the
U.S. Armed Forced or Selected Reserve of the Ready Reserve "weighs
heavily in favor of parole in place." The memo also includes veterans
who in the class of individuals who can request parole in place for family members.
The memo further notes that "[a]bsent a criminal conviction or other
serious adverse factors, parole in place would generally be an appropriate
exercise of discretion for such an individual. The memo does not say what
criminal convictions would prevent the favorable exercise of discretion.
But is does seem to indicate that one crime that is serious could lead
to a denial.
One Year Validity Period of a Parole in Place Grant
The memo states that, if USCIS decides to grant parole in place, the parole
is valid for one year with re-parole as appropriate.
Benefits of Parole in Place
A grant of Parole in Place allows an immediate family member to apply for
adjustment of status (green card) if the only barrier to adjustment was
the lack of inspection and admission or parole. However, the individual
must still satisfy all of the other requirements for adjustment of status.
To determine eligibility our office needs to review evidence of the qualifying
relationship, evidence of military duty and any criminal records.
Contact a Parole in Place Lawyer
If you are an immediate relative of a US service member as noted above
or one applying to enter the services please contact an our office. Our
New Jersey immigration attorneys are experienced in handling parole in place cases and have assisted many
active and former service members.