A soldier holding an american flag and a child.

Parole in Place

Parole in Place

Are you serving in the U.S. Military and have undocumented family members living in the U.S.?  Parole in Place might be the perfect solution.

Your military service allows for your qualifying undocumented family members who are in the U.S. to remain and be eligible for certain benefits.  Granted on a case-by-case basis, Parole in Place can help those family members who are eligible obtain employment authorization, adjustment of status, and more.

Who qualifies for Parole in Place?

Any spouse, parent or child of a current or former active duty member of the U.S. Armed Forces or Selected Reserve of the U.S. Ready Reserve can change their immigration status by applying for Parole in Place and obtaining legal permanent residency (i.e., Green Card).  Only spouses, children and parents of active duty (or those who have previously served) U.S. citizens can qualify for the program, so that they can live and work in the U.S.  The service member can be alive or deceased, and family members still qualify as long the veteran received an honorable discharge.

Parole in Place grants are discretionary and reviewed by the Department of Homeland Security.

While an applicant for Parole in Place doesn’t have to show that they are subject to the grounds of inadmissibility (because of issues like criminal conduct, prior immigration violations, or other blemishes on someone’s record), these could affect the decision to be granted Parole in Place status.

What are the steps for receiving a Parole in Place grant?

First, make sure you speak with an experienced immigration attorney to make sure your family members are eligible.  An attorney can help you navigate all the paperwork and filing needed to be granted Parole in Place status.

Your attorney can assist your family members in completing forms such as the I-131 Application for Travel Document, which must be submitted to the U.S. Citizenship and Immigration Services (USCIS).  They will also need to submit copies (never the originals) of documents that provide evidence of your family relationship and proof that you are, or were, active-duty U.S. Military personnel.  Evidence of familial connections can be established through the following documents:

  • Marriage Certificate;
  • Son or daughter’s birth certificate; or
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).

Proof of your military service can be established through a photocopy of the front and back of your military I.D. card or Defense Department Form 214.

Your family member will also need to provide two identical, color passport-style photographs, and any other evidence of additional favorable factors you would like the USCIS to take into consideration—such as good community standing, providing a valuable service, or other factors that will reflect on the applicant positively.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.