What is Parole in Place?
Denice Flores • February 24, 2023
U.S. Citizenship and Immigration Services (USCIS) may grant parole in place to military families. Here is what you need to know about parole in place.
The U.S. may grant parole in place for urgent humanitarian reasons or for significant public benefit. INA 212(d)(5)(A).
Parole in place was created to benefit military families with undocumented family members in the United States. Parole in place is for military service members or the service member’s spouse, widow, parent, son or daughter. The service member must be an active-duty member of the U.S. armed forces, in the selected reserve of the ready reserve, or the service member (alive or deceased) must have previously served on active duty or in the selected reserve of the ready reserve and must have been honorably discharged.
One very important factor to consider when determining whether the individual qualifies for parole in place or not, is that the individual must be present in the United States without having been admitted into the country. This means that the individual must have entered the United States unlawfully. If for example, the individual was admitted into the United States with a visa but the visa and lawful status later expired, and the individual is still in the United States, the individual does not qualify for parole in place because he or she entered lawfully and was admitted into the U.S.
If the individual is eligible based on the requirements above, the following documentary evidence must be submitted to USCIS, with the parole in place request:
- Evidence of the family relationship, such as: marriage certificate, documentation of termination of previous marriage, son or daughter’s birth certificate, current or former service member’s birth certificate with parent’s name; or proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
- Evidence that the family member is a current or former member of the U.S. armed forces;
- Parents of current and former service members of the U.S. armed forces must provide evidence that the current or former service member supports the application for parole in place;
- Evidence of any additional favorable discretionary factors that the individual would like USCIS to consider. The evidence should show USCIS the urgent humanitarian reason for the request or the significant public benefit of granting the parole in place request; and
- Two identical, color passport-style photographs of the individual applying for parole in place.
If USCIS approves the parole in place request, the individual is protected from deportation and may also be eligible for employment authorization. The parole in place approval authorizes the individual to stay in the U.S. for a one-year period. The individual is given an I-94 document as evidence of the parole and the I-94 is evidence of a lawful entry for purposes of other potential immigration relief.
Please note, parole in place is not the same as deferred action. Deferred action has different eligibility requirements. If you are looking to speak with an attorney about deferred action, our firm can also assist you.
If you have any questions about parole in place and other potential forms of immigration relief after being granted parole in place, like adjustment of status, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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On August 26, 2024 , the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security , Case Number 24-cv-306 administratively stayed the Department of Homeland Security from granting parole in place under Keeping Families Together for 14 days. In Texas v. DHS , the State of Texas and several other plaintiffs argue that the DHS has implemented policies that they believe violate federal immigration laws. Specifically, they claim that DHS's guidelines on immigration enforcement and deportation procedures are too lenient and do not align with statutory requirements. The plaintiffs argue that these policies undermine state sovereignty and contribute to increased illegal immigration, which they believe has negative repercussions for public safety and resources. During the 14 days, USCIS will not grant any pending parole in place application under Keeping Families Together ; USCIS will continue to accept applications for parole in place for certain noncitizen spouses and stepchildren of U.S. Citizens, and will continue to schedule biometric appointments and capture biometrics for applicants. Note, that the district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued on August 26, 2024. As of now, the program is on hold for 14 days, but that hold could be extended while the court considers arguments in the case. If you have any questions or concerns, contact our office to schedule a consultation with our experienced immigration attorneys.
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity
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