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.
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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 one of 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
For many of our clients, premium processing has long felt less like a luxury and more like a necessity. Whether it's an artist with a tour date, a startup founder with investors waiting, or an executive whose H-1B extension is tied to a project deadline, the ability to get a USCIS decision in fifteen business days has been a cornerstone of business and entertainment immigration planning. But 2026 has brought meaningful changes. On March 1, 2026, USCIS implemented a new round of premium processing fee increases under the biennial inflation adjustment authorized by the USCIS Stabilization Act. With fees now climbing across every eligible form, employers, foreign nationals, and their counsel are asking a fair question: at these prices, is premium processing still worth it? The short answer is: often yes but no longer always. Here is what has changed, what hasn't, and how to think strategically about your filings this year. What Premium Processing Actually Buys You Premium processing is an optional, fee-based service that obligates USCIS to take action on a qualifying petition or application within a defined window. "Action" does not necessarily mean approval USCIS may issue an approval, a denial, a Request for Evidence (RFE), a Notice of Intent to Deny, or open an investigation. But it must do something within the guaranteed timeframe, or refund the premium fee. The current adjudication windows are: 15 business days for most Form I-129 nonimmigrant petitions (including H-1B, L-1, O-1, P-1, TN, and E-3) and most Form I-140 employment-based immigrant petitions 45 business days for Form I-140 petitions in the EB-1C (multinational executive/manager) and EB-2 National Interest Waiver (NIW) categories 30 business days for eligible Form I-539 change-of-status applications and Form I-765 applications for F-1 OPT and STEM OPT employment authorization When USCIS issues an RFE, the clock pauses and restarts only when the agency receives the response, a detail that surprises many petitioners and is worth planning around. The 2026 Fee Increases at a Glance The Department of Homeland Security's final rule, published in the Federal Register on January 12, 2026, raised premium processing fees by an average of roughly 5.7 percent based on inflation between June 2023 and June 2025. Any Form I-907 postmarked on or after March 1, 2026, must include the updated fee, or USCIS will reject the filing outright.
Navigating the immigration landscape as a professional athlete can feel as demanding as a championship final, but understanding the P-1A visa can help you to plan ahead and successfully petition USCIS when the time comes to apply. For individual athletes like surfers, Rodeo cowboys, or Brazilian Jiu-Jitsu fighters, the P-1A serves as the primary gateway to competing in the United States. While it is often compared to the O-1 visa, the P-1A has a distinct threshold that is more easily accessible than the O-1; rather than proving "extraordinary ability," you must demonstrate "international recognition". This means your achievements must be renowned or leading in more than one country, showcasing a level of skill that is substantially above the ordinary. For those competing in individual sports, the spotlight is entirely on your personal accolades and standing rather than a team or league’s reputation as in the case of a team sport athlete. 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If you have a pending asylum application in the United States, you will now be required to pay an Annual Asylum Fee (AAF) in order to keep your application pending. Understanding this new fee and why it is important could be the difference between maintaining your pending asylum application and facing removal from the country . If your asylum application has been pending for more than one year, you will be required to pay an annual fee of $102 . The good news is that this fee is charged per asylum application, not per person. This means a family applying together on a single Form I-589 will only pay $102 total. However, it is important to know that there are no fee waivers available for this annual payment. It is crucial to take this fee seriously because the consequences for missing your payment are severe . If you receive a notification from USCIS that your fee is due, you will be given exactly 30 days to pay it. If you fail to pay by the deadline, the government may enforce the following penalties: Rejection of your Application: USCIS will reject your pending asylum application. Loss of Work Authorization: Any pending applications for employment authorization (Form I-765) based on your asylum case will be denied. Furthermore, if you already have an approved work permit, you will lose your work authorization immediately. Risk of Deportation: If you do not have an underlying legal status in the U.S., USCIS may initiate your removal (deportation) from the United States. Because of the severe consequences of failure to pay the fee within 30 days, it is vitally important to update your address with USCIS. This ensures you will actually receive the payment notice and can pay it on time without jeopardizing your case. How to Pay: Paying your fee promptly is the best way to protect your asylum status and work authorization. You can easily check if your fee is due and make your payment online by visiting: https://my.uscis.gov/accounts/annual-asylum-fee/start/overview To submit your payment, you will need two important pieces of information: Your A-Number (Alien Registration Number). The receipt number from your asylum application receipt notice. Once you enter this information, you will see a blue “Pay and submit” button. You can pay securely using a credit card, debit card, or a transfer from a U.S. bank account. Always make sure to save a copy of your receipt to ensure you have evidence of payment. Staying informed and keeping up with the Annual Asylum Fee is an essential part of the asylum process in 2026. Watch your mail for notifications, keep your address updated, and pay your fee as soon as it is due to ensure your case stays on track.
