Parole-in-Place: A Possible Path to Legalization for Family of Military Personnel

Parole-in-Place (“PIP”) is an important immigration option available to family members of active and former military personnel.  PIP permits spouses, parents, sons, and daughters of active members of the U.S. Armed Services, individuals in the Selected Reserve of the Ready Reserve, and veterans, to be paroled into the United States under INA § 212(d)(5)(A).[1]

The Parole-in-Place program is a humanitarian initiative designed to relieve military personnel of the stress and anxiety related to their family members’ immigration status.  The Department of Homeland Security grants applications for PIP discretionarily on a case-by-case basis.  An applicant for Parole-in-Place must establish the following criteria for eligibility:

  • The applicant is physically present in the United States;
  • The applicant entered the United States without inspection;
  • The applicant is the spouse, parent, son, or daughter of an active or former member of the U.S. Armed Forces[2], or the Selected Reserve of the Ready Reserve (this includes former members of the U.S. Armed Forces or the Selected Reserve of the Ready Reserve who are now deceased); and
  • The applicant does not have a criminal history or serious adverse factors that may affect the grant of discretion.

Individuals who are granted PIP are authorized to remain in the United States and apply for employment authorization for a period of one year.  These individuals are also eligible to seek extensions of their parole and employment authorization status in one-year increments.  A family member who is granted PIP may also apply for lawful permanent resident status (the so-called “green card”).  It is important to consult with an attorney regarding eligibility for a green card since having been granted PIP does not guarantee automatic eligibility to become a lawful permanent resident.

Should you have any questions about PIP or would like to schedule a consultation with our firm, please do not hesitate to contact our office at (714) 786-1166

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