Houston Military Parole Lawyer
Zavala Immigration Lawyer Handles Every Aspect of Military Parole and Deferred Action
On November 15, 2013, a policy memorandum made a change that allows or recommends the use of Military Parole in Place to Spouses, Children, and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Ready Reserve.
What Does The New Policy Mean For Military Parole Family Members?
This means that those parents, children, or spouses who entered the United States without a visa or travel document will now be considered to have been paroled into the United States taking away the inadmissibility of illegal entry. After being paroled, those children, spouses, and parents will be able to apply for their permanent residence in the United States.
If this is your situation, contact Zavala Immigration Lawyer for a consultation. We have successfully obtained this type of Parole for many parents, spouses, and children of members of the U.S. Armed Forces and have assisted in their application for Permanent Residence in the United States.
Military Immigration Representation in Houston
If you entered the U.S. without a visa but are the spouse, child, or parent of someone in the U.S. military, you may qualify for a program called parole in place (PIP) which allows you to adjust your status and obtain a green card while remaining in the U.S.
Obtaining Permanent Residence: Adjustment of Status vs. Consular Processing
An application for permanent residence or green card application is the second step which follows the family relative petition. There are two paths to complete the permanent residence process. One is to file Form I-485 and adjust your permanent residence while living in the United States. The second path is to apply for an immigrant visa at a consulate in your home country and gain entry into the United States after an interview at the U.S. consulate in your country.
It is imperative to consult with an experienced immigration attorney, such as Attorney Zavala, to correctly identify your eligibility for permanent residence in the United States. The wrong help can land you in deportation proceedings or can make you lose thousands of dollars in government application fees.
Denied Entry to the U.S.? Apply for a Waiver
There are a number of grounds by which Citizenship and Immigration Services can declare you inadmissible to the U.S. The most common include:
- Criminal activity
- Misrepresentations to the U.S. government in previous immigration applications
- Prior immigration violations
Being considered inadmissible means you will likely not be issued a visa to come to the U.S. or might be refused admission to the U.S. at a port of entry. If you currently reside in the U.S., you may have been denied an adjustment of status due to a violation of an immigrant or criminal law. The good news is that the law provides an opportunity for you to apply for legal “forgiveness” and obtain a waiver.
I-601A Waiver for Unlawful Presence
If you have accrued an unlawful presence in the U.S. and are not eligible for adjustment status, you may be hesitant to depart for your consular interview for fear that you would be denied re-entry. Fortunately, the Secretary of the Department of Homeland Security (DHS) has created a new process that allows immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while still in the U.S. and before departing for their immigrant visa interview abroad.
- Be an immediate relative of a U.S. citizen (spouse, child, parent)
- Be the beneficiary of an approved relative petition
- Be 17 years or older
- Be present in the U.S. at time provisional waiver is filed
- Show extreme hardship to a U.S. citizen, spouse, or parent if denied
- Cannot be in removal proceedings
Waiver for Criminal Grounds
If you were denied entry into the U.S. because you have a criminal history, you may be eligible to file for a waiver application.
If you were convicted of any of the following, you can apply for the waiver:
- A crime involving moral turpitude
- Prostitution
- A single offense of possession of 30 grams or less of marijuana
- Involvement in serious criminal activity where immunity from prosecution was asserted;
- Conviction of two or more offenses of any kind with an aggregate sentence imposed of at least 5 years; or
- Asserting immunity against the prosecution of a serious crime
You must also show that:
- At least 15 years have passed since the criminal act and you can prove rehabilitation;
- An immediate family member needs you and would suffer extreme hardship if you were denied entry
212 Waiver of Inadmissibility for Fraud or Misrepresentation
If you willfully misrepresented a material fact on a past immigration application, you can be permanently barred from immigrating to the U.S. and becoming a permanent resident unless you qualify for a waiver of fraud and willful misrepresentation.
This 212 waiver is available if you can prove that a U.S. citizen or lawful permanent resident spouse or parent would face extreme hardship if you are denied or removed from the U.S.
If you also need assistance with family-based visas or adjustment of status, explore our Immigration for Families page, and for employment-related immigration matters visit Immigration for Businesses & Employees. Clients facing enforcement actions such as removal proceedings or bond hearings can find support on our Deportation / Removal Defense & Bonds page, while those dealing with inadmissibility can pursue relief through our Provisional Waivers & Hardship services. If you’re on the path toward citizenship, our Citizenship & Naturalization page offers guidance on naturalization and interview preparation — all designed to provide comprehensive legal support throughout your immigration journey.