Eligibility for Military Parole: Who Qualifies?
Military Parole in Place (PIP) is an immigration parole that permits some family members of US military members, veterans, and enlisted recruits to remain in the country lawfully. It offers work authorization, temporary legal status, and deportation protection, just as the DACA and TPS programs. Unlike other “parole” schemes, PIP provides a road to permanent residency, and this is one of its unique advantages.
Former Department of Homeland Security (DHS) Secretary Michael Chertoff essentially started the Military Parole in Place policy in 2007 when he let the spouse of an active-duty military member who was facing deportation stay in the nation while their spouse was away in combat.
In 2010, the United States Citizenship and Immigration Services (USCIS) implemented the scheme. USCIS amended and clarified the policy in November 2013 and November 2016 memorandums.
When US President Donald Trump issued an executive order in 2017 restricting the conditions under which parole was permitted, the PIP program’s future was called into question.
As part of a more significant attempt to change the immigration picture, many media sites speculated in 2019 that Trump would prepare to restrict or terminate Military Parole in Place. However, Trump’s purported plan to terminate Military Parole in Place was never implemented.
Eligibility Criteria for Military Parole
Spouses, widowers, parents, and/or children (of any age) of active or former US military personnel residing in the nation without a lawful entry are eligible for Military Parole in Place.
To be eligible, the service member must be serving in the Army, Air Force, Marine Corps, Navy or Coast Guard on active duty. Such persons must be members of the ready reserve or the chosen reserve, have served in the ready reserve’s designated reserve or on active duty in the past, and have not been dishonorably dismissed.
PIP does not impact any reasons for inadmissibility in INA Section 212. Additionally, if an applicant has a criminal history or any other significant negative aspect that might affect their eligibility for immigration, their chances of success are low.
PIP is not available to family members of military personnel who have legitimately entered the country but overstayed their visas. They may, however, seek Deferred Action as a remedy (further details are provided below).
Those considering filing for Military Parole in Place should speak with knowledgeable immigration attorneys about their eligibility.
Benefits of Military Parole
Parole in place may be granted individually for “urgent humanitarian reasons or significant public benefit” under the Immigration and Nationality Act (INA).
The recipients of PIP that are family members to the military are allowed to stay and work in the United States. Most significantly, PIP recipients are “paroled” under the INA to apply for a Green Card within the United States. Family members of civilians or those enrolled in other programs that grant parole into the United States typically do not have access to this substantial benefit.
The recipient of military parole in place is permitted to remain in the country for a maximum of one year, with the option to extend indefinitely in one-year increments. Every time a person wants to prolong their stay in the United States, they must file a fresh PIP application.
An I-94 arrival/departure record is also sent to the military family member beneficiary as proof of release. With the I-94, the person can apply for a work visa or status adjustment as they have documentation of their legal admission into the country.
Hire an Immigration Attorney
You need a competent immigration attorney to enlighten you on the eligibility and walk you through the process of military parole. Eliud Zavala, our New York immigration attorney, will work hard to ensure you successfully apply for military parole.