Helping military families with this pathway to legal status

Military families often face unique immigration challenges, especially when one or more members are living in the United States without legal immigration status. Military parole in place benefits can address this situation by offering a pathway for undocumented family members of U.S. service members and veterans to move toward permanent residency without having to leave and re-enter the country.

Mi Sueño Americano can help you better understand the military parole in place program and whether you qualify. Start the process today by calling (323) 672-4423 to schedule a consultation with an attorney.

¿What is Military Parole in Place (PIP)?

Military parole in place is an immigration benefit available to certain undocumented family members of military personnel and veterans, as established under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA). Military parole in place provides a way for those who do not yet have legal status to remain in the country while applying for a Green Card.

Parole under this section is granted as a discretionary benefit, meaning that the United States Citizenship and Immigration Services office can decide whether or not to grant it, and the decision is made on a case-by-case basis. Generally, parole is granted for urgent humanitarian reasons or significant public benefit.

Once an individual has been granted parole, they are no longer in the country unlawfully and, therefore, can begin the process of obtaining permanent legal status and applying for other immigration benefits.

Consulting with an immigration attorney can help you determine if you qualify for this option and guide you through the necessary steps to start the process. At Mi Sueño Americano, we have extensive experience helping military family members obtain parole in place and can answer any questions you may have.

Who can qualify for military PIP?

To be eligible for military parole in place, you must be an immediate family member of a qualifying military service member or veteran. For these purposes, immediate family members are spouses, parents, or children. The military member must be an active-duty member of the U.S. armed forces, a member of the Selected Reserve of the Ready Reserve, or a veteran. A former service member may be living or deceased, but must not have been dishonorably discharged for their family members to qualify.

The family member must also be present in the United States without legal admission. Additional favorable discretionary factors may come into play. For example, the applicant will generally need to provide strong evidence of ties to their family or the community at large and have no serious criminal record or security concerns.

How do you apply for military Parole in Place?

Before applying for military parole in place benefits, military family members should meet with an attorney to ensure they meet the program requirements based on their immigration status and their family relationship with a veteran or active-duty service member. An attorney can also explain the difference between parole in place and permanent residency, which is granted through an approved Green Card application.

When applying for military Parole in Place, applicants must generally provide proof of a qualifying family relationship with a U.S. service member or veteran, evidence of the member’s military service, and documentation proving physical presence in the United States. Since military PIP is discretionary, applicants often include a personal statement explaining their individual circumstances, family ties, and the hardships their family—particularly the service member or veteran—would face if parole were denied or if the applicant were removed.

An attorney can help you file the necessary forms and ensure your application is accurate and complete. You will receive a confirmation notice from the United States Citizenship and Immigration Services office informing you that your application is being processed. Once a decision has been made, you will be notified and advised of the next steps. Remember that parole in place does not grant lawful permanent residency, and you will still need to begin the Green Card application process once parole has been granted.

Please note that it may take several months for the United States Citizenship and Immigration Services office to process a military parole in place application. It is essential to apply as soon as possible if you are concerned about removal proceedings or other potential immigration issues.

How long does Parole in Place last?

Generally, military parole in place is valid for one year from the date it is granted. However, it is possible to extend it if certain qualifying circumstances are met. For example, the purpose of parole in place is to grant qualifying family members of military personnel and veterans the lawful presence they need to be able to apply for a Green Card. But Green Card processing can take anywhere from several months to over a year. In some cases, military PIP will be extended for those family members who are still waiting for their Green Card application to be processed.

Remember that military parole in place is a discretionary benefit for military families and is not a guarantee. This also applies to extensions of previously granted parole. If you are concerned that the one-year timeframe will not be sufficient or have questions about the possibility of an extension, it is vital to speak with a military immigration attorney several months before your PIP’s scheduled end date.

What are common reasons for PIP denial?

The United States Citizenship and Immigration Services office has the authority to grant or deny parole at its discretion, but knowing the common reasons why applications are rejected can help you do everything possible to increase your chances of approval. Common reasons for military PIP denial include:

• A history of serious criminal convictions. Multiple convictions can also be an issue, even if the offenses are not serious, because they may indicate a pattern of conduct.
• False statements or other issues in previous immigration interactions. A military immigration attorney can help you review your immigration history to identify potential issues and strategies to address them.
• Insufficient evidence. You must provide clear documentation of both your qualifying family relationship with a service member or veteran and proof of their military service. A lack of evidence can result in a Request for Evidence or an outright denial.
• A previous immigration violation or removal. If you were previously removed from the United States, you will generally not qualify for parole in place. There may be some exceptions, so this is something you should discuss with an attorney if it applies to your case.

If your parole in place application is denied, you may still have other options. An attorney can help you determine the reason for the denial and if another pathway exists.

What are the benefits of working with a military Parole in Place attorney?

Since parole in place is a discretionary immigration benefit, it is crucial to have the support of an experienced immigration attorney throughout this process. They can help you evaluate your eligibility, identify potential issues, and ensure your documentation clearly supports your application. An immigration attorney can also help you gather documentation, such as obtaining essential service records, and explain how to demonstrate hardship.

Working with an attorney ensures you have someone who knows the process to help you manage every step. At Mi Sueño Americano, we have successfully helped military families in Los Angeles and the surrounding areas apply for military parole in place. We can also assist you with the next step of applying for a Green Card once parole is granted.

Find out what options are available to you to remain in the United States while seeking lawful permanent residency, even if you do not currently have a lawful presence. Call (323) 672-4423 today to schedule an appointment with an experienced immigration attorney who can evaluate your case and explain your options.