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 or a ten-year bar as a penalty for the previous unlawful presence. That 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.

But, PIP allows their noncitizen family members a path to a green card that isn’t available to others. 

Who Is Eligible for a Military Parole in Place?

A military PIP is eligible only for a group of individuals who can prove their eligibility. To be able to obtain Parole in Place, you have to be a spouse, parents, or an unmarried child under 21 of the following:

• An active duty member of the U.S. Armed Forces,
• Selected Reserves member,
• An individual who has previously served in the Selected Reserve of the Ready Reserve or the U.S. Armed Forces and was honorably discharged.

In the last case, if military service members are deceased, their family members will still be eligible for military PIP.

If you are eligible and Parole in Place is granted, you have to move forward and apply to adjust your legal immigration status — that is, apply for Lawful Permanent Residence. You will be rejected if you apply directly for status adjustment without PIP. 

PIP Denials

Bear in mind that if an individual has a criminal conviction on their record, they will not be eligible. Negative immigration law history will also be taken into account. If there is anything negative in your personal history that can make immigration officials consider removing you from the U.S., make sure you hire an experienced immigration lawyer.

Although the PIP policy was instituted during the Obama Administration, it was heavily undermined by the Trump Administration’s executive orders. Although the PIP remained available, the denial rates had increased. However, in 2020, Congress ordered that applications have to be considered on a case-by-case basis. Also, disruption to the military family unity should be minimized, and other individual circumstances may be considered.

Applying for Military Parole in Place

Certain documents have to be prepared and submitted to the United States Citizenship and Immigration Services (USCIS) to apply for military Parole in Place. These documents include the following:

Form I-131 (Application for Travel Document)

Evidence of the family relationship with the military members, such as a birth or marriage certificate)

A photocopy of the military identification card

Other evidence, such as commendations your military service member relative has received, awards, or even letters from community leaders showing your involvement in volunteer activities, may be submitted. After the USCIS has reviewed the application, they may schedule a short interview at the local USCIS office.

There is no fee for a military Parole in Place application. However, if it’s approved, the applicant becomes eligible to obtain other documents that have their own fees.