Client: Family
Client’s Country of Origin: Mexico
Case Type: Removal and Parole In Place
Date of Application: August 2017
Date of Approval: December 2017
Our client retained Attorney Frank Krajenke of Herman Legal Group because he was facing removal proceedings. A native and citizen of Mexico, our client and entered the US in the 1990s. He is also a father of five, with the two elder children enrolled as US Armed Forces members, one of which is stationed overseas in Japan.
Our client was convicted of a removable offense and became subject to return to Mexico along with the custody of his younger children. Pending his removal, our client was concerned about finding new employment to support his family and the growth therapy necessary for his children if returned to his home country. Upon consulting us, Attorney Krajenke assisted in the following matter.
Krajenke aided in reopening the appeal and filed a Petition for Review for the court to review the Immigration Judge’s decision on removal. In addition, because our client is the father of active duty US military members, Krajenke noted that he may be eligible for “Parole in Place” (“PIP”). PIP is an immigration option for families of the US military to obtain an authorized stay. The policy also helps protect US-residing family members from deportation matters and may further enable persons for Adjustment of Status.
With the help of Herman Legal Group counsel, the US appellate court granted our client a Stay of Removal, an exceptional outcome for the matter. In the meantime, our counsel also assisted with filing a PIP application in order to gain our client’s protection from deportation.
While other issues of the case are still pending, the fact that the appellate court granted Stay of Removal and the Board of Immigration Appeals subsequently reopened the appeal is favorable for our client’s future status.
Client: Immediate Family Member of US Military
Client’s Country of Origin: Mexico
Case Type: Parole-in-Place; I-131 Application for Travel Document
Our client approached Attorney Richard Herman of Herman Legal Group while seeking to obtain lawful status. Based on her background, this goal would be limited and difficult to achieve. Our client, a native of Mexico, originally came to the US as an undocumented minor.
By law, if you enter the States illegally, you cannot adjust your status for lawful permanent residence. Due to these circumstances, our client’s options were to either stay in the US undocumented and at high risk of deportation or leave the country for an extended period of time while applying for a waiver.
Our client’s husband, however, is a US citizen who served in the Navy for five years. During his time of active duty, he received many awards and commendations from Navy officers of higher rankings.
Once he was honorably discharged, he returned to his home in Ohio to live with his stay-at-home wife and their US-born son. Based on his former US military status, Attorney Herman assisted in the preparation of the husband’s sponsorship for his wife, as she is deemed eligible to apply for the Parole in Place program (“PIP”).
PIP is a discretionary option in which an immediate family member of an individual who is or was a member of the US armed forces may be granted lawful residence in 1-year increments. In this case, our client would benefit from PIP as the unlawful entry into the US is not a factor in the USCIS adjudication of applications. If granted PIP status, it would essentially allow our client to live a normal life outside the shadows—it would remove our client’s inadmissibility factor and deem her eligible to adjust her status giving her work and travel authorization.
Our client stressed that she lives in fear every day. Fearing that ICE would one day find her and take her away, she limited attending family outings and even leaving the house in order to avoid any issues. She couldn’t drive her son to school or medical appointments without a license and felt that her hidden status burdens her family.
In order to receive her best chances of obtaining status, Attorney Herman strategized in preparing an application that stressed the most important facts. First, our client proves that she is a person of good moral character.
While she unlawfully entered the country, she was brought to the US as a young child. She is unfamiliar with Mexico and only remembers the hardships that her family went through in order to survive and find opportunity in America. In addition, she has no criminal arrests or convictions.
Although a stay-at-home mother, our client’s husband provides that she served as “his rock” through hard times on the naval ship and supported him during three deployments. In addition, counsel provided evidence of extreme hardship if our client were to be deported.
Our client’s husband stressed that although he brings in the income, our client overall takes care of the family. She handles the finances, takes care of school and medical scheduling, and all paperwork that comes with it. If deported, our client’s family would have to go with her, leaving them subject to not receiving proper education and medication necessary to their specific disabilities and health issues.
Under these circumstances, our client’s PIP application was quickly granted. She was happy and relieved with the outcome in the sense that she may now live with her family without risk. The overall process took under two years, and our client is now able to adjust her status.
The 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.
Soldier’s Daughter
Benefits
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.
Eligibility
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.
Veteran’s Wife
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).