he USCIS first established the Parole-in-Place (“PIP”) policy in 2007 which avails immigrant family members of military personnel to obtain authorized stay or work authorization in the US. This policy helps those serving in the US military by protecting their US-residing family members from deportation
matters and may further enable persons for Adjustment of Status.
Since 2013, over 100,000 soldiers or family members have been naturalized in support from PIP. Recently, there has been discussion on whether the Trump Administration’s review of the policy will result in changes or harshened standards that may impact PIP applicants. While changes are not certain to occur, qualified family members of military personnel are encouraged to immediately apply for parole.
PIP reduces the grounds for inadmissibility under INA §212 which relates to individuals “present in the US without being lawfully admitted.” PIP also protects family members from deportation proceedings and gives authorization for work, stay, and in some instances helps members obtain adjusted status.
PIP is available for spouses, children, and parents of either active duty US military personnel or previous US military personnel who are still living or now deceased. Spouses must demonstrate a bona fide marital relationship, legally recognized in the country where the marriage took place. This equally applies to same-sex marriages and widows/widowers. Children of US military personnel include sons and daughters, regardless of their age or relationship status.
Those who are granted parole are generally granted a one-year period of authorized stay in the US. While individuals must qualify under the following requirements, INA §212 authorizes the Attorney General to grant PIP on a discretionary case-by-case basis.
In general, applicants must show:
- Physical presence in the US;
- No prior admission in the US;
- Relation as spouse/child/parent of active duty US military personnel or previous US military personnel who is still living or now deceased;
- No prior criminal conviction under USCIS policy.
If you are considering applying for parole, you must submit a completed application packet to your local USCIS office with jurisdiction over your place of residence. Documents you must contain in your application include a completed Form I-131, Application for Travel Document, evidence establishing familial relationship to the military personnel (e.g. marriage certificate), and evidence establishing current or former member of the US armed forces (e.g. military identification card).