Military Parole In Place For Members with Undocumented Family Members

On 11/15/2013, President Obama exercised his executive action to introduce Parole in Place, (PIP) for undocumented immigrants who are relatives of U.S. military personnel.

The objective of this program is to assist members of the U.S. Armed Forces in securing permanent resident status in the United States for their family members who entered the U.S. without inspection and qualify as immediate relatives of U.S. Armed Forces personnel.

USCIS's grant of Parole in Place is discretionary and considers the status of a spouse, child and parent of a veteran or an active member of the U.S. Armed Forces while also considering any adverse factors such as a criminal conviction or other serious matters in making its decision. If USCIS grants parole in place, parole will be authorized for a period of one year with the chance to renew before expiration.

Which US. Military Personnel may petition for undocumented family members?

• Those serving in active duty in the U.S. Armed Forces,
• Those serving in the Selected Reserve of the Ready Reserve,
• Those previously served in the U.S. Armed Forces,
• Those previously served in the Selected Reserve of the Ready Reserve.

Which family members are eligible for parole in place and adjustment of status?

• Immediate relatives who entered the U.S. without inspection and are still present in the U.S.
• Relatives who do not qualify as "immediate" and who can prove a continuously lawful status since entry into the U.S.

What are the documentary requirements for Parole in Place?

To request parole in place, the alien must submit to the director of the USCIS office with jurisdiction over the alien's place of residence:

• Completed Form I-131, Application for Travel Document •Form I-131 may be filed without fee, per 8 CFR 103.7(d);
• Evidence of the family relationship;
• Evidence that the alien's family member is an Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve such as a photocopy of both the front and back of the service member's military identification card (DD Form 1173);
• Two identical, color, passport style photographs; and
• Evidence of any additional favorable discretionary factors that the requestor wishes considered.

PIP is discretionary which means it will be up to the individual government officer to consider all evidence including any adverse factors, like criminal convictions, before making a final decision.

If you would like to know if you are eligible for Military Parole in Place, contact the Law Offices of Raul Ray at (408) 279-5793 to request a consultation.