KEY PRACTICE AREAS

Parole in Place

Parole in Place (“PIP”) for Family of Military Personnel is essentially a retroactive permission to enter the country for individuals who previously entered the United States without permission. It effectively forgives an individual’s unlawful entry. PIP is a policy that allows immediate relative family members of U.S. citizen military personnel to adjust status, or apply for residency in the United States through their family member without having to leave the country.

On November 15, 2013, the Director of U.S. Citizenship and Immigration Services (USCIS) issued a memorandum instructing its officers to expand the granting of “Parole in Place” for the undocumented parents, spouses, and children of U.S. military personnel. For purposes of Parole in Place, “U.S. military personnel” includes active members of the U.S. Armed Forces, individuals in the Selected Reserve of the Ready Reserve or individuals who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.

On November 20, 2014 DHS Secretary Jeh Johnson directed USCIS to work with the Department of Defense to expand Parole in Place (PIP) to encompass spouses, parents, and children of U.S. citizens and lawful permanent residents who seek to enlist in the U.S Armed Forces. USCIS is also to consider the availability of deferred action for undocumented family members of members and veterans of the Armed Forces, who would otherwise be eligible for Parole in Place but for having been inspected and admitted to the United States. USCIS is only in the process of exploring granting PIP to family members of would-be enlistees. No time frame has been provided on this process.


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