Can A Military Service Member Help their Family Member get Immigration Status?
Does our government reward military service by providing a path for immigrant parents or spouses of soldiers and sailors to get legal status here? The answer is sometimes. There is a path to a green card or at least temporary legal status through something called “parole in place”.
An immigrant may be eligible for this temporary status (parole in place) in 1-year increments if they are the spouse, widow(er), parent, son or daughter of:
• An active-duty member of the U.S. armed forces;
• An individual in the Selected Reserve of the Ready Reserve; or
• An individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
This primarily helps those who entered the U.S. illegally. By applying for Parole in Place (PIP), that immigrant is considered to have been “paroled” into the country and therefore entered legally. This change of status opens the door for many immigrants to apply for adjustment of status to permanent residence, especially if they are married to a U.S. citizen.
Background
In November 2014,, USCIS issued a policy memorandum which created the Parole in Place program. "Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A)(i)".
The memorandum directs that undocumented immigrants present in the United States without having been admitted or paroled, and who are spouses, children, or parents of military members, reservists, or veterans, will be entitled as a class to "parole in place" — a quasi-legal status in the U.S. that opens the door for them to adjust status in the U.S.
Adjustment of Status.
Parole in Place then allows a person to obtain permanent residence through adjustment of status in the U.S., if they have a U.S. citizen spouse or a child over 21 years of age. Normally, the immigrant would need a pardon and the pardon procedure requires the final step outside the U.S. at the Consulate in the immigrant’s home country. Often the person is not eligible for a pardon.
This Parole in Place eligibility greatly simplifies the procedure for permanent residence since the applicant can do the entire process here and does not need a pardon.
Proposal to End the benefit to military families.
The Trump Administration announced it proposed to scale back or even end Parole in Place status for military families last fall. The Administration encountered severe resistance in Congress and so far has not implemented their plans to terminate this status.
So far, this immigration benefit still remains a viable option for close family members of men and women in the U.S. military. For more information about how to apply, go to:
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WARNING: The article above is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
