Parole in Place for Military Families

What is Parole in Place?

Parole is a discretionary tool that allows an individual into the United States for “urgent humanitarian reasons or significant public benefit.” INA § 212(d)(5)(A). Parole may be granted to individuals already inside the United States, which is commonly referred to as a “Parole in Place” because the individual is already inside the United States.

Why is Parole in Place important?

Parole is place is important because it allows a person to become a legal permanent resident inside the United States without having to leave the country even if that person entered the United States without inspection years ago. A grant of parole no longer makes a person inadmissible under the first section of 212(a)(6)(A)(i) (“present in the United States without being admitted or paroled”) because upon a grant of parole, a person is no longer present without being admitted or paroled.

Simultaneously, a grant of parole renders the second part of section 212(a)(6)(A)(i) (“arrives in the United States at any time or place other than as designated by the Attorney General”) inapplicable. If a person has already arrived in the United States under a grant of parole, he or she can no longer fit into the present tense of the meaning “arrives” under the second part of 212(a)(6)(A)(i). Thus, a person can no longer be inadmissible for permanent residence under this section.

How is Parole in Place Applied?

If you are the immediate relative of a United States citizen who is in the military, then you may apply for Parole in Place. In turn, once granted Parole in Place, you may submit an application to become a legal permanent resident without having to leave the United States at any time.

When does Parole in Place go into effect?

Immediately. On August 10, 2010, the Secretary of Homeland Security identified “Parole in Place” as a means to “facilitate adjustment of status within the United States by immigrants who are spouses, parents, and children of military members.” See Letter from Hon. Janet Napolitano, Sec. of Homeland Security, to Hon. Zoe Lofgren, U.S. House of Representatives (Aug. 10, 2010).

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) further clarified Parole in Place in a memorandum entitled Parole of Spouses, Children, and Parents of Active Duty Members of the U.S. Armed Forces . . . and the Effect of Parole on Inadmissibility under the Immigration and Nationality Act §212(a)(6)(A)(i). The purpose of the initiative, developed in partnership with the Department of Defense (DoD), is to “assist military members, veterans, and their families” with immigration matters, especially when active members of the armed forces “face stress and anxiety” due to their loved ones legal status in the United Status.