DOES PAROLE IN PLACE (PIP) STILL EXIST?
In the United States, USCIS states they may grant parole in place on a case-by-case basis for active-duty members of the U.S. armed forces, individuals in the Selected Reserve of the Ready Reserve, or individuals who previously served on active duty or in the Selected Reserve of the Ready Reserve and not dishonorably discharged.
At Goldstein Immigration Lawyers, our immigration lawyers are strong supporters of veterans and military service members. PIP is a strategy that we use to keep military families together.
CAN I GET A GREEN CARD THROUGH PIP IF I ENTERED THE U.S. ILLEGALLY, I.E., WITHOUT INSPECTION?
Parole in Place is an exception to immigration law because it allows you to apply for green cards in the U.S., through the I-485 adjustment of status process, even if you entered the U.S. without inspection. Before Parole in Place, if you were to enter the U.S. without inspection, you would generally have to return to your home country and seek an I-601 or I-601A waiver for unlawful presence even if you have a military family member. But by removing the requirement of legal entry into the U.S., Parole in Place allows military families to remain together during the I-485 adjustment of status process.
WHO IS ELIGIBLE FOR PAROLE IN PLACE?
To qualify for PIP, you must be the spouse, child (under the age of 21), or parent of either:
- An Active Duty member of the U.S. Armed Forces;
- A current member of the Selected Reserve of the Ready Reserve; or
- A veteran, i.e., someone who has previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.
PAROLE IN PLACE APPLICATION PROCESS WITH USCIS
To get a green card through Parole in Place, you must follow 2 steps: first, you obtain Parole in Place and, second, based on the approval of PIP, you may apply for adjustment of status. To apply for Parole In Place, you must submit the following to USCIS:
Completed Form I-131, Application for Travel Document Evidence of the family relationship to the military personnel (such as a copy of a birth or marriage certificate) Proof that the family member is either a veteran or current active duty military. For example, you can provide a photocopy of the front and back of their military identification card (DD Form 1173). 2 passport-style photographs, and Any proof of additional favorable discretionary factors.
USCIS schedules an interview for Parole in Place approval. Upon approval, Parole in Place applicants receive an approval notice for the I-131 and an I-94, Arrival/Departure Record.
HOW DO YOU GET A GREEN CARD AFTER PAROLE IN PLACE IS APPROVED?
If your application for Parole in Place is approved, you will have a valid I-94 and will then be deemed “inspected and admitted or paroled” into the United States. Thus, the I-94 effectively makes you eligible to adjust your status under INA § 245(a). This means that you will be able to file a family-based I-485 and obtain your permanent residence without leaving the U.S.
Parole in Place applicants for adjustment of status must comply with all basic requirements as any I-485 applicant would, including:
- I-130, Petition for Alien Relative
- I-485, Application for Adjustment of Status
- I-864, Affidavit of Support G-325A, Biographical Information (for both U.S. citizen-petitioner and Parole-in-Place applicant)
- I-693, Medical Exam
Parole in Place applicants filing for green cards also often file for interim.
APPLY NOW, WHILE YOU CAN
If you or any of your loved ones are eligible for Parole in Place, now is the time to apply. The best way to get your application in on-time is with the help of a skilled immigration attorney. Please answer a few questions below and see if you qualify for a free case evaluation.