PARENTS, SPOUSES AND CHILDREN OF CURRENT & FORMER MILITARY (Including RESERVES) MAY NOW BE ELIGIBLE FOR GREEN CARD (even if you entered “without inspection”)

Implementation of Parole-in-Place Benefits Parents, Spouses, & Children of Military Members

I strongly recommend each reader to share this with any active or veteran military member (or reservist), as it could benefit their immediate family or that of a military brethren. 

On November 15, 2013, the US Citizenship and Immigration Services(USCIS) issued a Policy Memorandum concerning “parole in place” (PIP) for people who entered the US without inspection and are the spouse, child, and/or parent of those who are on active duty, reservists, or veterans (Armed Forces personnel). See Policy Memo here. 

PIP is a substitute for “legal admission.”  You get PIP to show you are “paroled in place” without leaving the U.S. In the past, these family members were unable to apply for adjustment of status ("green card") in the US, and instead had to go back to their home country for immigrant visa processing, and could face a 10 year bar from returning to the US, or possibly apply for a “provisional waiver” as a result of having accrued "unlawful presence in the U.S.  This Policy Memorandum regarding PIP is simply a change in the guidelines to USCIS adjudicators. Nevertheless, it is very clear guidance to approve these requests, so this is a GREAT VICTORY for our service members, both active and retired, and their families, as there is added hope of resolving their immigration status without the peril of leaving the country for a prolonged period.

Again, this means that with PIP, a spouse, child, or parent of current or retired military, Reserves, or National Guard can get a Green Card WITHOUT leaving the US.

USCIS recognizes that active duty Armed Forces personnel “face stress and anxiety because of the immigration status of their family members in the United States.” Further, their military preparedness could be affected if they have to “worry about the immigration status of their spouses, parents and children.” The same holds true for our military veterans who have made sacrifices for our country. 

The basic requirements for eligibility are: 

• You entered the US without inspection, and do not have the benefit of section 245(i)- i.e., you were not petitioned before April 30, 2001. 
• You have been petitioned, and have a spouse, parent, or child who is on active duty, or is a veteran;
• You do not have a criminal conviction or “other serious adverse factors”.

If parole in place applies to you, you may be able to file for adjustment of status (green card in America) even though you previously entered without inspection (ie. illegally), or have no proof of inspection.  The process of seeking PIP differs at each USCIS office. For more information please go here, or contact our office at (714) 441-2800.