Moreno Law Office, LLC

Parole of 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 Selected Reserve of the Ready Reserve

 

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) announced a protection to assist military spouses, children and parents of Armed Forces personnel by granting them Parole In Place (PIP) under INA§ 212(a)(6)(A)(i). The decision whether to grant parole is discretionary. If USCIS decides to grant parole it is given in one year increments with extensions. PIP removes two grounds of inadmissibility for those “who are present in the United States without being admitted (inspected at entry) or paroled” and those who “arrived in the United States at any time or place other than as designated by the Secretary of Homeland Security. PIP eliminates the two grounds of inadmissibility under INA § 212(a)(6)(A)(i). It allows for adjustment of status in the US without having to return to the applicant’s native country for three or ten years as a penalty for past unlawful presence. However, this does not protect the applicant if he/she is inadmissible on any other grounds such as anyone with a criminal conviction or other serious adverse factors. For an alien who entered without inspection, a grant of parole under INA § 212(d)(5)(A) affects two grounds of eligibility since adjustment of status requires the person to be admissible and that the alien have been inspected and admitted or paroled. The grant of parole overcomes the obstacles.

 

To be eligible for PIP you must be the spouse, child (unmarried child under the age of 21) or parent of either an Active Duty member of the U.S. Armed Forces; a current member of the Selected Reserve of the Ready Reserve or someone who has previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve. To be granted the protection the applicant has to first request PIP with USCIS. After PIP is granted the applicant may apply for adjustment of status.For more information, please contact Attorney Madeleine Moreno at 508-798-5291 or Toll Free at 1855-966-7366.