OVERVIEW
Parole In Place For Military Families
Parole in place (PIP)is a unique program for certain undocumented family members of U.S. military personnel (active or veterans). It allows those non-citizen family members who are in the U.S. unlawfully to apply for a green card, without having to leave the country. This is a significant benefit that’s not available to family members of civilians.
The Problem Addressed by Parole in Place
Under current immigration law, people who entered the United States without inspection (unlawfully) generally cannot apply for permanent residence (green card) from inside the U.S., a process known as adjustment of status. In these cases, the undocumented family member cannot obtain a green card unless he or she returns to the home country for consular processing. However, in many cases, that person will trigger a three- to ten-year bar as a penalty for the previous unlawful presence. This policy has been criticized because it forces the family to split up and generally makes immigration extraordinarily difficult after an unlawful presence. For members of the U.S. armed forces, these scenarios can create stress and anxiety that adversely affects military preparedness.
Frequently Ask Questions
A grant of parole in place will only provide evidence that you have been paroled so that you adjust status without returning to your home country. It does not fix other immigration problems you may have. For example, if you ever ignored a deportation or removal order or have been arrested, PIP will not fix these issues. Consult an experienced immigration attorney.
No, parole in place can only be used for the U.S. citizen’s spouse, parents or unmarried minor children (under 21). PIP will not, in most cases, provide adjustment eligibility to non-citizens in the preference categories.
Parole in place is not guaranteed. It is a discretionary policy, and USCIS will review each individual’s situation on a case-by-case basis.
The American Immigration Lawyers Association (AILA) suggests that applicants check off box 1d (“I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel”) under “Part 2, Application Type,” and write “Parole in Place” in red ink next to the description. Then, under Part 4, Information About Your Proposed Travel, Question 1a, Purpose of Trip, the applicant would write “Parole in Place (PIP)” again on this line. To answer Part 4, Question 1b, List the countries you intend to visit, the applicant should write “N/A.
