Parole in Place | Diaz Shafe Immigration Lawyer Tampa FL
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Parole in Place

Parole in place is a status that allows undocumented family members of those who are in the U.S. Armed Forces the right to reside in the United States and qualify for certain benefits.  Those benefits include eligibility for employment authorization and, for some individuals, eligibility for adjustment of status.  The Department of Homeland Security paroles people into the United States for humanitarian reasons or significant public interest in cases where they would otherwise not qualify to enter with a visa.  Parole in place, on the other hand, is the term used by DHS when granting parole to people who are already physically present in the United States after an entry without inspection.    

Who qualifies?

The spouses, parents, and children of those who:
  • Are serving as active duty members of the U.S. Armed Forces
  • Are current members of the Selected Reserve or the Ready Reserve, or
  • Previously served in the U.S. Armed Forces or Selected Reserve or the Ready Reserve

Is the immigration status of the military member or veteran relevant?
  • In order to serve in the military one must be either a U.S. citizen or a lawful permanent resident (LPR).  Therefore, it is unlikely that the military member will not be in one of these categories. However, the memo is silent on the necessary immigration status of the military member.  Only the spouses, children, and parents of U.S. citizens – immediate relatives – can qualify to adjust status after being granted parole in place. If the military member is an LPR, the spouse, parent, or child would still benefit from parole in place by being granted permission to remain here and being eligible for employment authorization.

Does it matter if the applicant is inadmissible?
  • An applicant for parole in place does not have to show that she or he is not subject to the grounds of inadmissibility. However, while the grounds of inadmissibility do not apply, the grant of parole in place is discretionary.  Therefore, criminal conduct, prior immigration violations, or other adverse factors that are revealed through the application process could affect the decision.