Parole in Place for Military Families
Trusted Immigration Attorney in New Jersey
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 memo shows heavy favor of spouses, children, or parents of:
- Active duty members of the U.S. Armed Forces
- Members of the Selected Reserve
- Members of the Ready Reserve
- Veterans who previously served in any of the previous organizations
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, and this crime would likely have to be one of moral turpitude.
Benefits of Parole in Place
Though the Parole in Place is only granted for one year, it can be renewed as the government sees fit, and there are a number of other benefits to the agreement. 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.
If you are an immediate relative of a U.S. 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.
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Q:I live in the US and I am marrying a US citizen. How can I get a green card and become a permanent resident?
A:Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.
Q:I am a fiancé(e) of a US citizen and I am living outside the US. How can I enter the US to marry?
A:Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.
Q:I live outside the US and I married a US citizen. How can I come to the US to live?
A:To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.