Parole in Place
What is Parole in Place?
Parole in Place allows a foreign national who came into the United States unlawfully (without authorization by an immigration officer) to stay for a certain period of time. It is only available to certain undocumented family members of U.S. military personnel (active or veterans). Individuals who are granted Parole in Place are provided authorization to stay and work in the United States. Besides that, Parole in Place beneficiaries are “paroled” for the purposes of applying for a green card inside the U.S.
Anybody who entered the United States unlawfully (without inspection) can generally not apply for permanent residence (green card) from inside the U.S. This process is known as Adjustment of Status. This means that the undocumented family member cannot apply for a green card unless he or she returns to his or her home country for consular processing.
Unlawful Presence
Unlawful presence typically triggers a 3 to 10-year ban. This policy makes immigration extraordinarily difficult after an unlawful presence, it can create stress and anxiety that adversely affects military preparedness for members of the U.S. armed forces.
The Parole in Place policy ties to prevent the separation of military families. It allows certain family members to remain in the United States. In addition to being in an now authorized stay, the former undocumented family member(s) may also be eligible for employment authorization. Generally, immediate family members can adjust status to legal permanent residents (green card).
Parole in Place is only granted on a case-by-case basis for humanitarian reasons or significant public benefit. It is considered a lawful immigration status for purposes of specific immigration benefits, such as a Green Card. Note that Parole in Place by itself does not lead automatically to any immigrant status or other immigration benefit.
Eligibility for Parole in Place
A person may be eligible for Parole in Place in one-year increments if he or she is the spouse, widow(er), parent, son, or daughter of:
- An active-duty member of the U.S. armed forces;
- A member of the Selected Reserve of the Ready Reserve; or
- A military veteran (whether living or deceased, as long as he or she was not dishonorably discharged) who served in active duty or in the Selected Reserve of the Ready Reserve.
Parole in Place Application
- A person will need to complete Form I-131, Application for Travel Document, and submit it to the local USCIS office.
- Copies of documents that show eligibility for Parole in Place, including evidence of the family relationship, and proof that the relative is or was an active-duty member of the U.S. armed forces or in the Selected Reserve of the Ready Reserve.