Parole in place (PIP) affords individuals a temporary right to remain in the United States in one year increments while awaiting their green card. It applies to noncitizen spouses, parents, and unmarried minor children of U.S. citizen members of the U.S. military, whether active duty or veteran. It applies even if these immediate family members are in the U.S. after an unlawful entry, giving them an avenue to a U.S. green card that is not available to others.
The policy was originally instituted during the Bush administration and was extended by President Obama in 2013. The Trump administration subsequently determined that no form of parole should be granted on an across-the-board basis, however Congress once again addressed the issue in the National Defense Authorization Act for 2020. This act required USCIS to “consider, on a case-by-case basis, whether granting the request would enable military family unity that would constitute a significant public benefit” and emphasized that “disruption to military family unity should be minimized” so as to “enhance military readiness” and allow military service people “peace of mind regarding the well-being of their family.”
Important: Because of the evolving status of parole in place, it is recommended that you seek the advice of a professional immigration attorney.
PIP permits individuals who legally qualify for a green card based on family relationship to “adjust status.” This means that they can apply for lawful permanent residence or a green card despite their past illegal entry. While the status s being adjusted, they are not required to leave the United States.
What if My Family Member is Not in the Military?
Immigrants who overstayed a visa but whose family are not in the military, are not allowed to adjust status. They will be required to leave the U.S. for “consular processing” in order to complete their application for a green card. They are likely to also face a bar upon their return for a period of years, typically 3 or 10 years, as a penalty for their unlawful entry.
The above law has made noncitizen members of military families afraid to apply for a green card, but the parole in place provision was instituted to bridge that gap.
Am I Eligible for Parole in Place?
You must fall into one of the following categories of family members considered “immediate relative.” An individual must be a U.S. citizen’s:
- spouse or widow/widower
- unmarried child under age 21
- parent
These immediate relatives, if they entered the U.S. legally, are eligible for a green card immediately, but parole in place makes the application process easier.
Parole in Place Eliminates Illegal Entry Issues
For those who qualify, the fact that they entered the country illegally is no longer a barrier to a green card. They will not have to leave the country while waiting for their change in status (hence the “in place”) and they will not have to worry about the 3 or 10 year ban on reentry.
However, applicants who qualify under parole in place still must meet other eligibility requirements,
such as having a clean criminal record. Anything negative in your past may make the parole in place discretionary, therefore contacting an immigration attorney to determine your likely eligibility is a prudent course of action before contacting USCIS.
Probinsky & Cole is an experienced immigration law firm, dedicated to making sure that your rights are protected. We are committed to helping you to navigate the complicated immigration landscape. If you are in the Sarasota or Tampa area, call us today.
