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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