What is Parole in Place?

A sort of waiver of non-citizens’ inadmissibility known as parole in place has two purposes:

• It allows the government to waive an alien’s inadmissibility due to entering the US without inspection
• It lets the alien apply for lawful permanent residence (Green Card) without leaving the United States for consular processing

Importantly, PIP alleviates the normal 3-year or 10-year bar against re-entry placed on an alien who leaves the US after being unlawfully present for more than 180 days.

How Parole in Place Fits into U.S. Immigration Law?

The parole in place law, under Section 212(d)(5) of the Immigration and Nationality Act, allows U.S. Citizenship and Immigration Services (USCIS) to grant temporary permission for undocumented individuals to stay in the U.S. for humanitarian reasons or significant public benefit, such as supporting military families.

Unlike Deferred Action for Childhood Arrivals (DACA), which targets young immigrants brought to the U.S. as children, or Temporary Protected Status (TPS), which applies to nationals of designated countries, parole in place is uniquely designed for spouses, children, or parents of U.S. military personnel in the Army, Navy, Air Force, Marine Corps, or Coast Guard. It avoids the risks of consular processing, which requires leaving the U.S. and may trigger re-entry bars. A military immigration lawyer can clarify how parole in place compares to other relief options and guide you through the process.

Who Is Eligible for Parole in Place?

Parole in place is available to an alien who:

• Is present in the United States without inspection, and
• Is the spouse, child, or parent of:
  • An Active-Duty member of the US Armed Forces
  • Someone in the Selected Reserve of the Ready Reserve
  • Someone who previously served in the US Armed Forces or the Selected Reserve of the Ready Reserve

An alien is not eligible for parole in place if he or she entered the US on a visa. We can help you determine your eligibility.

Additional Eligibility Considerations

Eligibility includes immediate family members (spouses, unmarried children under 21, or parents) of current or former service members. Complex cases, such as step-parents, adopted children, or those with minor immigration violations like visa overstays, may require evaluation by a military immigration attorney.

A los angeles parole consultation with a parole in place attorney can clarify eligibility and explore alternative options if standard criteria aren’t met.

How to Apply for Parole in Place: Required Documents?

Requesting a parole in place might seem overwhelming but a military parole in place lawyer can help you streamline the process. To request a parole in place, you must submit the following to the USCIS office with jurisdiction over your place of residence:

• Completed Form I-131, Application for Travel Document (without fee). You must handwrite “Military PIP” in Part 2 instead of checking a box
• Marriage certificate
• Documentation of termination of previous marriage, if any
• Son or daughter’s birth certificate
• Current or former service member’s birth certificate with parent’s name
• Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS)
• Two identical, color passport-style photographs
• For parents of current and former service members of the US armed forces, evidence the current or former service member supports the application for parole in place
• Evidence of any additional favorable discretionary factors that you would like us to consider
• Evidence that your family member is a current or former member of the US armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214

The process to apply for parole in place for military families involves gathering supporting documents, such as proof of the family relationship and the military member’s status. A thorough application, detailing the reasons for seeking PIP, must be submitted to U.S. Citizenship and Immigration Services (USCIS). USCIS reviews the application, and if approved, the individual is granted temporary protection against deportation and may become eligible for additional benefits like work authorization.

Step-by-Step Guide to a Successful Parole in Place Application

To maximize your chances of approval, follow these steps with the help of an immigration lawyer military:

1. Verify Eligibility: Confirm you meet the criteria as an undocumented spouse, child, or parent of a U.S. military member. A parole in place lawyer can review your immigration history to ensure compliance.
2. Gather Documents: Collect certified copies of required documents, such as marriage or birth certificates, and ensure military IDs or DD Form 214 are legible.
3. Complete Form I-131: Fill out the form accurately, handwriting “Military PIP” in Part 2. Include a cover letter explaining the need for parole in place, such as family unity or financial hardship.
4. Highlight Discretionary Factors: Provide evidence of positive factors, like community involvement, employment history, or support for the military member, to strengthen your case.
5. Submit to USCIS: File with the correct USCIS office based on your residence. A military parole in place lawyer santa ana or Los Angeles-based attorney can confirm the appropriate office.
6. Monitor Status: Track your case online with USCIS. Processing typically takes 3-6 months, though delays are possible.
7. Prepare for Outcomes: If approved, apply for a work permit or green card. If denied, consult a california military family members immigration attorney for appeals or alternatives.

Common mistakes to avoid include submitting incomplete documents, incorrect form completion, or omitting compelling discretionary factors. A military immigration attorney can ensure accuracy and completeness.

Benefits of Parole in Place for Military Families

Beyond avoiding the 3-year or 10-year re-entry bar, parole in place offers several key benefits:

• Temporary Protection from Deportation: PIP shields you from removal, allowing you to stay with your family in the U.S.
• Work Authorization: Approved applicants can apply for an Employment Authorization Document (EAD) using Form I-765, enabling legal employment.
• Pathway to Green Card: PIP allows eligible individuals to adjust status to lawful permanent residence without leaving the U.S., guided by a parole in place attorney.
• Peace of Mind: Securing legal status reduces stress, letting families focus on supporting their service member.

A military immigration lawyer can help you maximize these benefits and navigate subsequent steps, such as green card applications.

Navigating Challenges in Parole in Place Applications

Certain situations can complicate parole in place applications, but a military parole in place lawyer can help:

• Pending Deportation Proceedings: Individuals facing deportation may still be eligible. A los angeles parole consultation can assess whether PIP can pause or resolve deportation cases.
• Criminal History: Minor offenses may not disqualify you, but serious convictions can impact approval. A military immigration attorney can evaluate your record and present mitigating factors.
• Incomplete Documentation: Missing or unclear documents, like an uncertified marriage certificate, can lead to delays or denials. An immigration lawyer military ensures all paperwork is complete.

 If your application is denied, a parole in place lawyer can advise on appeals or alternatives, such as I-601 waivers or other military family benefits.

Can I Get Parole in Place During Deportation Proceedings?

In certain cases, individuals facing deportation proceedings may still be eligible for Parole in Place. Consult with our experienced military parole in place attorney to assess the specific circumstances, explore potential eligibility, and determine the best course of action to address immigration challenges while seeking PIP protection.