Assisting Military Families with This Path to Legal Status

Military families often face unique immigration challenges, especially when one or more members are living in the United States without lawful immigration status. Military parole in place benefits can address this by providing a path 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 get a better understanding of 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 outlined 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, which means that the United States Citizenship and Immigration Services office can decide whether to grant it or not, and the decision is made on a case-by-case basis. In general, parole is granted for either urgent humanitarian reasons or significant public benefit.

Once the person 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 initiate 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 need to be an immediate family member of a qualifying military service member or veteran. For this purpose, immediate family members are spouses, parents, or children. Military members must be either active-duty members of the U.S. armed forces, members of the Selected Reserve of the Ready Reserve, or veterans. A former service member can be either living or deceased, but they must not have been dishonorably discharged for their family members to qualify.

The family member must also be present in the United States without lawful admission. Additional favorable discretionary factors may come into play. For example, the applicant will generally need to have strong evidence of ties to family or the larger community and 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 qualify for the program based on their immigration status and family relationship to 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 to a U.S. service member or veteran, evidence of the service member’s military service, and documentation showing physical presence in the United States. Because Military PIP is discretionary, applicants typically include a personal statement explaining their individual circumstances, family ties, and the hardship their family, particularly the service member or veteran, would face if parole were denied or the applicant were removed.

An attorney can help you file the necessary forms and make sure that your application is accurate and thorough. You’ll receive a confirmation notification from the U.S. Citizenship and Immigration Services office that lets you know your application is being processed. Once a decision has been made, you will be notified and provided with the next steps. Remember that parole in place doesn’t grant lawful permanent residence, and you will still need to begin the process of applying for a Green Card once parole has been granted.

Keep in mind that it can take several months for an application for military parole in place to be processed by the U.S. Citizenship and Immigration Services office. It’s 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?

Military parole in place is generally valid for one year after the parole has been granted. However, it’s possible for parole to be extended if there are certain qualifying circumstances. For example, the purpose of parole in place is to give qualifying family members of military personnel and veterans the lawful presence they need to be able to apply for a Green Card. But it can take several months to over a year for a Green Card to be processed. In some cases, the 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 timeline may not be enough or have questions about the possibility of an extension, it’s essential to talk to a military immigration attorney several months before your PIP is scheduled to end.

What Are the Common Reasons PIP Is Denied?

The U.S. The Citizenship and Immigration Services office has the authority to grant or deny parole based on its discretion, but knowing the common reasons that applications are rejected can ensure you do everything you can to increase your chances of approval. Common reasons for denial of military PIP include:

• A history of serious criminal convictions. Multiple convictions can also be an issue, even if the crimes aren’t major, because it can indicate a pattern of behavior.
• False statements or other issues in previous immigration interactions. A military immigration lawyer can help you review your immigration record to identify any potential problems and strategies for addressing them.
• Insufficient evidence. You’ll need to provide clear documentation of both your qualifying family relationship with a service member or veteran, as well as proof of their military service. A lack of evidence can result in a Request for Evidence or an outright denial.
• A prior immigration violation or removal. If you were previously removed from the United States, you generally won’t qualify for parole in place. There can be some exceptions, so this is something to discuss with an attorney if it applies to you.

If your parole-in-place application is denied, you may still have other options. An attorney can help you determine the reason for denial and whether there’s another path.

What Are the Benefits of Working With a Military Parole in Place Lawyer?

Because parole in place is a discretionary immigration benefit, it’s crucial to have the support of an experienced immigration attorney throughout this process. They can help you evaluate your eligibility, identify any potential issues, and ensure your documentation clearly supports your request. An immigration attorney can also offer assistance in gathering documentation, such as obtaining essential service records, and explain how to show proof of hardship.

Working with an attorney ensures that you have someone knowledgeable about the process to help you navigate each step. At Mi Sueño Americano, we’ve successfully helped military families in and around Los Angeles apply for military parole in place. We can also help you with the next step of applying for a Green Card once your parole is granted. 

Find out what options are available to you to remain in the United States while seeking permanent legal residency, even if you don’t 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.