Immigration Lawyer - Parole In Place

Parole in Place | How To Get a Green Card through Military Family if You Entered the US Illegally

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Parole in Place is a path to permanent residency for certain undocumented immigrants who have relatives in the U.S. military. Immigrants who entered the country illegally are given the opportunity to apply for a family-based green card without having to leave the country.

What Is Parole in Place? 

Parole in Place (PIP) is policy that gives people “fake entry.” Generally speaking, people who entered the country illegally and who don’t qualify for a green card through the LIFE Act 245(i) cannot apply for a green card or other valid immigration status in the United States—even if you meet all other requirements. PIP is an exception to this rule. PIP is a discretionary policy, meaning that government is not required to give it even if you meet the eligibility requirements.

Parole in Place gives you a valid I-94, Arrival/ Departure Record which allows you to then apply for a green card through the adjustment of status process. You don't have to file for a provisional waiver and you don’t have to leave the country, which is risky, costly and time consuming.

PIP is not a waiver. It does not forgive any other issues of inadmissibility. It does not forgive other immigration violations you've had or criminal violations. It is only a fake entry that allows you to apply to legally immigrate to the United States without having to leave the United States. All other rules apply to your case.

Who Is Eligible for Parole in Place?

Family of active U.S. military or military members that have been honorably discharged may be eligible for Parole in Place.

You may be eligible for Parole in Place if your military family member is:

  • An active-duty member of the U.S. armed forces
  • An individual in the Selected Reserve of the Ready Reserve
  • 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

Eligible relatives for Parole in Place:

  • Spouse or widow(er)
  • Parent
  • Child under age 21

You must have entered the U.S. illegally to qualify for Parole in Place. If you entered the U.S. lawfully but overstayed your visa (or are otherwise in the U.S. past your period of authorized stay), you are not eligible for Parole in Place because you are not an applicant for admission.

Do Undocumented Immigrants Qualify for Parole in Place?

Yes! Parole in Place is a policy that specifically benefits undocumented immigrants.

I’ll give you an example of one of my recent clients. She entered the U.S. illegally over 21 years ago and has lived here since as an undocumented immigrant. She had her child here, who is a U.S. citizen. This entire time, she had no way of immigrating to the United States, no pathway to get a green card. She didn’t have other relatives here that could petition for her. However, she knew that when her son turned 21 years old, he could. Well, her son had just had his 21st birthday and he is now eligible to sponsor her for a green card. However, because she didn't have a lawful entry and she also didn't have 245(i), she didn’t meet the other eligibility requirements for a family-based green card. She needed lawful entry.

I asked her if she had a relative in the U.S. military. She replied that yes, her son was serving. Because of this, she is eligible to apply for Parole in Place (PIP). If it’s granted, then she can apply for a green card through the adjustment of status process.

How To Apply for Parole in Place

To apply for Parole in Place you need to prove that you’re a good, moral person and an asset to the community. To do this, you can submit documents from the community such as:

  • Letters from family saying they are dependent on you
  • Letters from family or friends proving you have strong community and support in the United States
  • Proof of any activities that show your good character such as church attendance, community service, etc. 

The U.S. Citizenship and Immigration Services (USCIS) also requires you submit:

  • Marriage certificate
  • Documentation of termination of previous marriage
  • Son or daughter’s birth certificate
  • Military member’s birth certificate with parent’s name
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS)
  • Evidence that your family member is a current or former member of the U.S. armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214
  • Two identical, color passport style photographs

If you’re approved for Parole in Place, the USCIS will place a stamp in your passport and issue an I-94 number. That's like having a lawful entry, allowing you to then immigrate to the United States.

Immigration Help: Applying for Parole in Place

If you have any questions about Parole in Place or think you might be eligible, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the greater Los Angeles area. Call (310) 803-3040 or visit https://abaudlegal.com/appointment/ to schedule an appointment.

Sharon was very professional, knowledgeable and very informative...

My husband and I had the best experience working with Sharon. I HIGHLY recommend her. She helped us with our immigration process and made us feel at ease every step of the way. Sharon was very professional, knowledgeable and very informative whenever we needed questions answered she was there from the very beginning until the very end, making sure we were prepared. Words can't explain how grateful my husband and I are. We would definitely not hesitate to contact her for any future services.

Karem S. , Los Angeles, CA

About the Author Sharon Abaud, Esq.

If you have any questions about your Immigration Status, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area. Your immigration case matters to me.

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